text:
Citation and commencement
1
These regulations may be cited as the Gaming Duty (Amendment) Regulations 1999 and shall come into force on 1st October 1999.
Interpretation
2
In these regulations “quarter” means the first three months of an accounting period.
Application
3
These regulations apply in the case of payments on account of gaming duty for any quarter that ends on or after 31st October 1999.
The amount of payments on account
4
For the purpose of calculating payments on account of gaming duty in the cases to which these regulations apply the following Table shall be substituted for the Table in regulation 5 of the Gaming Duty Regulations 1997 .
TABLE
Part of gross gaming yield Rate
The first £231,250 2½ per cent. The next £513,750 12½ per cent. The next £513,750 20 per cent The next £899,250 30 per cent. The remainder 40 per cent.
Martin Brown
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
LONDON,
SE1 9PJ
8th September 1999


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (Kuwait) Order 1999.
2
It is hereby declared–
a
that the arrangements specified in the Agreement set out in Part I of the Schedule to this Order and in the Protocol as to the Interpretation and Application in the Contracting States of that Agreement set out in Part II of that Schedule have been made with the Government of the State of Kuwait with a view to affording relief from double taxation in relation to income tax, corporation tax or capital gains tax and taxes of a similar character imposed by the laws of Kuwait;
b
that those arrangements include provisions with respect to the exchange of information necessary for carrying out the domestic laws of the United Kingdom and the laws of Kuwait concerning taxes covered by the arrangements; and
c
that it is expedient that those arrangements should have effect.
A.K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Parkside National Health Service Trust (Establishment) Amendment Order 1999 and shall come into force on 1st April 1999.
Amendment of NHS trust Establishment Order
2
Article 3(2) of the Parkside National Health Service Trust (Establishment) Order 1991 is amended by omitting the words from “to manage” to “associated premises” and inserting the following words in their place:
to own and manage St. Charles' Hospital, Exmoor Street, London W10 6DZ, The Royal London Homoeopathic Hospital, Great Ormond Street, London WC1N 3HR and associated establishments and facilities, 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
Department of Health
19th March 1999


text:
1
This Order may be cited as the Criminal Justice Act 1993 (Commencement No. 11) Order 1999.
2
Section 5(3), (4) and (5) of the Criminal Justice Act 1993 shall come into force on 1st June 1999.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
26th May 1999


text:
Commencement and citation
1
This Order may be cited as The A1 Trunk Road (Islington) Red Route (Bus Priority) Traffic Order 1999, and shall come into force on 28th May 1999.
Interpretation
2
In this Order–
a
a reference to an article or schedule followed by a number is a reference to the article of, or schedule to, this Order so numbered;
b
causing includes permitting;
c
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ; and
d
“vehicle” includes part of a vehicle;
e
“bus”, “local bus”, “pedal cycle”, “taxi”, “traffic lane”, “contra-flow” and “with-flow lane” have the meanings given in the Traffic Signs Regulations and General Directions 1994 ;
f
“bus lane” means a traffic lane on a length of road which is specified in column (2) in the table in schedule 1 and in respect of which traffic signs are in place indicating the controls specified in this Order;
g
“bus-only route” means an area of road which is specified in column (2) in the table in schedule 2 and in respect of which traffic signs are in place indicating the controls specified in this Order;
h
“dial-a-ride bus” means a vehicle–
i
displaying so as to be conspicuous on the outside of the vehicle a logo in a form approved by or with the authority of the Traffic Director for London and containing the words “dial-a-ride”; and
ii
constructed or adapted for the carriage of disabled persons and their companions and which is being used to provide a service for the carriage of such persons;
i
“times of operation” means
in relation to a bus lane specified in an item in column (2) of the table in schedule 1, the times specified in column (3) of that item, and
in relation to a bus-only route specified in an item in column (2) of the table in schedule 2, the times specified in column (3) of that item;
j
an entry in column (3) , (4) or (5) of an item in the table in schedule 1 or 2 applies to that column in subsequent items in that table.
Bus Priority Controls
3
1
Except as provided in articles 4 and 5, no person shall cause a vehicle to be in a bus lane in a length of road specified in an item in column (2) of the table in schedule 1 during the times specified in that item in column (3) of that item unless that vehicle is proceeding in the direction specified in column (4) of that item and is of a type specified in column (5) of that item.
2
Except as provided in article 5, no person shall cause a vehicle to be in a bus-only route in an area of road specified in an item in column (2) of the table in schedule 2 during the times specified in that column (3) of that item unless that vehicle is proceeding in the direction or directions specified in column (4) of that item and is of a type specified in column (5) of that item.
Exemptions – Bus Lanes
4
1
The controls specified in article 3(1) do not apply so as to prevent a vehicle being in a bus lane if and for as long as necessary–
a
to enable a person to get on or off the vehicle; or
b
to enable goods to be loaded on to or unloaded from the vehicle;
if and in so far as the activity is not prohibited by the provisions of any other Order.
2
The controls specified in article 3(1) do not apply in respect of a vehicle which is being used for a purpose which is within an exemption to a restriction or prohibition imposed by any other Order or which is permitted by any other Order.
3
The controls specified in article 3(1) do not apply in respect of a vehicle crossing a bus lane to get to or from any road adjacent to the bus lane or any vehicular access to premises adjacent to the bus lane.
Exemptions – Bus Lanes and Bus-Only Routes
5
1
The controls specified in articles 3(1) and 3(2) do not apply in respect of a vehicle being in a bus lane or a bus-only route if the vehicle is being used in–
a
the service of a local authority for the purpose of collecting refuse;
b
the pursuance of any statutory duty of the Post Office for the purpose of collecting or delivering letters provided the vehicle bears the Royal Mail livery;
c
connection with the removal of any obstruction to traffic;
d
connection with the maintenance, improvement or reconstruction of any road;
e
connection with the maintenance, improvement or construction of any street furniture including bus stop infrastructure;
f
connection with any building operation or demolition;
g
connection with the laying, erection, alteration or repair in or near the bus lane of any sewer or of any main, pipe or apparatus for the supply of gas, water or electricity, or of any telecommunications apparatus as defined in paragraph 1(1) of Schedule 2 of the Telecommunications Act 1984
if the vehicle cannot be used for that purpose without being in the bus lane or the bus-only route and is so far as the activity is not prohibited by the provisions of any other Order.
2
The controls specified in article 3(1) and 3(2) do not apply in respect of a vehicle being in a bus lane or bus-only route–
a
so as to avoid an accident;
b
to allow a person to get or give help in consequence of an accident or emergency or otherwise take action for public safety;
c
to such an extent and for such a time as is needed to comply with any requirement resulting from works or an emergency in any part of the road adjoining the bus lane or bus-only route;
d
if it is being used for ambulance, fire brigade or police purposes.
3
The controls specified in articles 3(1) and 3(2) do not apply in respect of anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
6
The London Borough of Islington (Trunk Roads) Red Route (Bus Lanes) Traffic Order 1997 is hereby revoked in so far as its provisions relate to any length of road specified in the table in the schedule to this Order.
Signed in accordance with a direction from the Secretary of State
Derek Turner
Traffic Director for London
25th May 1999


text:
Citation and commencement
1
These Regulations may be cited as the Highways (Traffic Calming) Regulations 1999 and shall come into force on 28th April 1999.
Interpretation
2
In these Regulations–
“build-out” means a work for narrowing a carriageway constructed on one side of that carriageway as an extension of or adjacent to the verge, footway or cycle track;
“chicane” means a series of two or more build-outs constructed on alternate sides of the carriageway and not opposite one another;
“gateway” means an object or structure constructed on the verge, footway or cycle track of a highway for the purpose of indicating the presence in a length of highway of traffic calming works of a description prescribed by these Regulations or specially authorised by the Secretary of State or of road humps;
“island” means a work without facilities for pedestrians constructed in a carriageway to reduce carriageway width or to deflect the flow of vehicular traffic;
“overrun area” means an area of carriageway so constructed of textured or coloured material as to appear to narrow that carriageway;
“pinch point” means build-outs constructed on both sides of a carriageway opposite one another;
“rumble device” means a part of the carriageway constructed of material intended to generate noise or vibration in a vehicle passing over it;
“traffic sign” has the same meaning as in section 64 of the Road Traffic Regulation Act 1984 ; and
“20 miles per hour zone” means a zone comprising one or more roads in relation to which the following conditions are satisfied–
a speed limit of 20 miles per hour applies to each road within the zone;
a traffic sign of the size, colour and type shown in diagram 674 of the Traffic Signs Regulations 1994 is placed at each entrance to the zone for vehicular traffic.
Works which are traffic calming works
3
For the purpose of section 90G(1)(a) of the Highways Act 1980 build-outs, chicanes, gateways, islands, overrun areas, pinch-points, or rumble devices or any combination of such works are traffic calming works.
Consultation about traffic calming proposals
4
Where a highway authority proposes to construct a traffic calming work in a highway they shall–
a
consult the chief officer of police for the area in which the highway is situated; and
b
consult such persons or organisations representing persons who use the highway or who are otherwise likely to be affected by the traffic calming work as the highway authority thinks fit.
Restriction on the construction of overrun areas
5
Where an overrun area is constructed or maintained in a highway–
a
no vertical face of any material forming that area shall exceed 6 millimetres measured vertically from top to bottom of that face;
b
the slope of that area shall not exceed 15 degrees measured between an imaginary line extending the general line of the slope of that area to the surface of the carriageway and the surface of the carriageway where it is intersected by the imaginary line; and,
c
that area shall not be so constructed or maintained that an imaginary vertical line measured from the base of any upstanding face intersects an imaginary line extending the general line of the slope of the area more than 15 millimetres above the base of that upstanding face.
Restriction on the construction of rumble devices
6
Where a rumble device is constructed or maintained in a highway–
a
no vertical face of any material forming that device shall exceed 6 millimetres measured vertically from top to bottom of that face; and,
b
no part of the device shall be more than 15 millimetres above the surface of the carriageway.
Features which may be included in traffic calming works
7
1
A traffic calming work may include for a purpose referred to in sub-paragraph (2) below provision on it or any part of it or on the adjacent highway of –
a
lighting,
b
paving, grass or other covering,
c
pillars, bollards, planters, walls, rails or fences,
d
objects or structures spanning the highway, or
e
trees, shrubs or other plants.
2
The purposes referred to in sub-paragraph (1) above are–
a
making the traffic calming work conspicuous,
b
enhancing the effect of the traffic calming work,
c
promoting the safety of persons using the highway, or
d
preserving or improving the environment through which the highway passes.
Placing of Traffic Signs
8
1
Where a build-out, chicane, island, pinch-point, rumble device or any combination of such works is constructed or maintained in a highway, the highway authority for that highway shall place and maintain traffic signs in such positions as the authority may consider requisite for the purpose of providing adequate warning of the presence of such traffic calming works, unless those traffic calming works are so constructed as themselves to provide adequate visual warning for persons using that highway.
2
No traffic sign shall be required to warn of the presence of a traffic calming work on a highway which is in a 20 miles per hour zone.
Prohibition of certain works
9
No traffic calming work shall be constructed or maintained in a carriageway so as to prevent the passage of any vehicle unless the passage of that vehicle is otherwise lawfully prohibited.
Revocation
10
The Highways (Traffic Calming) Regulations 1993 are hereby revoked.
Saving
11
Traffic calming works constructed in compliance with the Highways (Traffic Calming) Regulations 1993 shall be treated as being in compliance with these Regulations.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Larry Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
Signed by authority of the Secretary of State for Wales
Peter Hain
Parliamentary Under Secretary of State, Welsh Office


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines (Advertising and Monitoring of Advertising) Amendment Regulations 1999 and shall come into force on 5th April 1999.
2
In these Regulations–
“the Advertising Regulations ” means the Medicines (Advertising) Regulations 1994 ; and
“the Monitoring of Advertising Regulations ” means the Medicines (Monitoring of Advertising) Regulations 1994 .
Amendment of regulation 2 of the Advertising Regulations
2
In regulation 2 of the Advertising Regulations (interpretation)–
a
in paragraph (1)–
i
after the definition of “name” there shall be inserted the following definition–
“persons qualified to prescribe or supply” includes persons, and employees of such persons, who in the course of their profession or in the course of a business may lawfully prescribe, sell by retail or supply in circumstances corresponding to retail sale relevant medicinal products;
, and
ii
in the definition of “relevant medicinal product” after the words “Directive apply” in paragraph (a) there shall be added the words “and accordingly includes products to which Title II of Council Regulation 2309/93 applies”; and
b
after paragraph (3) there shall be inserted the following paragraph–
4
In these Regulations, “the Health Ministers” means the Ministers specified in section 1(1)(a) of the Act, and the functions of the Health Ministers under these Regulations may be performed by any one of them acting alone or any two or more of them acting jointly.
.
Insertion of regulation 3A into the Advertising Regulations
3
After regulation 3 of the Advertising Regulations (prohibition of advertisements for unlicensed products) there shall be inserted the following regulation–
General principles
3A
1
No person shall issue an advertisement relating to a relevant medicinal product unless that advertisement complies with the particulars listed in the summary of product characteristics.
2
No person shall issue an advertisement relating to a relevant medicinal product unless that advertisement encourages the rational use of that product by presenting it objectively and without exaggerating its properties.
3
No person shall issue a misleading advertisement relating to a relevant medicinal product.
.
Amendment of regulation 4 of the Advertising Regulations
4
For paragraphs (c) and (d) of regulation 4 of the Advertising Regulations (duties of licence holders) there shall be substituted the following–
c
keep available for the Health Ministers, or communicate to them within such period as may be specified in a notice served by them on him, a sample of any advertisement for which he is responsible relating to that product, together with a statement indicating the persons to whom the advertisement is addressed, the method of dissemination and the date of first dissemination; and
d
supply, within the period specified in a notice served by the Health Ministers on him, any information and assistance requested by them in order to carry out their functions under these Regulations or the Medicines (Monitoring of Advertising) Regulations 1994 .
.
Substitution of regulation 12 of the Advertising Regulations
5
For regulation 12 of the Advertising Regulations (prohibition of supply of medicinal products to the public) there shall be substituted the following regulation–
Prohibition of supply of medicinal products to the public
12
No person–
a
being the holder of a marketing authorization; or
b
in the course of a business carried on by him and consisting (wholly or partly) of manufacturing relevant medicinal products or of selling or supplying relevant medicinal products,
shall for a promotional purpose (whether a promotional purpose of his own or of a third party) sell or supply any relevant medicinal product to any member of the public.
.
Amendment of heading to regulation 14 of the Advertising Regulations
6
For the heading to regulation 14 of the Advertising Regulations (advertisements to health professionals) there shall be substituted “ Advertising to persons qualified to prescribe or supply ”.
Amendment of regulation 20 of the Advertising Regulations
7
In paragraph (1) of regulation 20 of the Advertising Regulations (medical sales representatives) after the words “qualified to prescribe” there shall be inserted the words “or supply”.
Amendment of regulation 23 of the Advertising Regulations
8
In regulation 23 of the Advertising Regulations (offences)–
a
in paragraph (1)–
i
after “3(1),” there shall be inserted “3A,”, and
ii
after “10(1),” there shall be inserted “12,”; and
b
after paragraph (2) there shall be added the following paragraph–
3
Notwithstanding that these Regulations were not made entirely under the Act, sections 107 to 109, section 110 except subsection (4), sections 111 to 116, section 118, section 119 and sections 121 to 127 of and Schedule 3 to the Act shall apply for the purposes of these Regulations as they apply for the purposes of the Act.
.
Amendment of heading to Schedule 2 to the Advertising Regulations
9
For the heading to Schedule 2 to the Advertising Regulations (particulars to be contained in advertisements to health professionals) there shall be substituted “ PARTICULARS TO BE CONTAINED IN ADVERTISEMENTS TO PERSONS QUALIFIED TO PRESCRIBE OR SUPPLY ”.
Amendment of regulation 2 of the Monitoring of Advertising Regulations
10
In paragraph (1) of regulation 2 of the Monitoring of Advertising Regulations (interpretation and application) in the definition of “publication” after the words “the dissemination” there shall be inserted the words “or issue”.
Amendment of regulation 3 of the Monitoring of Advertising Regulations
11
In paragraph (1) of regulation 3 of the Monitoring of Advertising Regulations (proceedings) before the words “Proceedings under” there shall be inserted the words “Subject to regulation 13 and the Schedule to these Regulations,”.
Addition of regulations 12 and 13 to the Monitoring of Advertising Regulations
12
After regulation 11 of the Monitoring of Advertising Regulations (control by a complaints authority of certain broadcast advertisements) there shall be added the following regulations–
Application of enforcement provisions of the 1968 Act
12
Notwithstanding that these Regulations were not made under the 1968 Act, sections 107 to 109, section 110 except subsection (4), sections 111 to 116, section 118, section 119 and sections 121 to 127 of and Schedule 3 to the 1968 Act shall apply for the purposes of the Regulations as they apply for the purposes of the 1968 Act.
Scrutiny of certain published or proposed advertisements
13
The provisions of the Schedule to these Regulations (scrutiny of certain published or proposed advertisements) shall have effect.
.
Addition of a Schedule to the Monitoring of Advertising Regulations
13
At the end of the Monitoring of Advertising Regulations there shall be added the following Schedule–
SCHEDULE
SCRUTINY OF CERTAIN PUBLISHED OR PROPOSED ADVERTISEMENTS
Regulation 13
Notices requiring copies of advertisements to be furnished to the Health Ministers
1
The Health Ministers may serve a notice in writing in respect of any relevant medicinal product or in respect of relevant medicinal products of any class or description on any person appearing to them to be concerned or likely to be concerned with the publication of an advertisement requiring that person–
a
to furnish to the Health Ministers within such period as may be specified in the notice a copy of any advertisement which he has published or proposes to publish; or
b
to furnish to the Health Ministers a copy of any advertisement which he proposes to publish and the notice shall specify–
i
the number of days before the proposed publication date by which the advertisement shall be furnished, and
ii
the period during which the requirement shall continue, such period not to exceed twelve months,
and that notice may require that person to refrain from publishing any advertisement required to be furnished under sub-paragraph (a) or (b) during such period as may be specified in the notice unless that notice has been withdrawn by the Health Ministers.
2
Where the Health Ministers serve a notice on a person under paragraph 1, the notice shall state the Health Ministers' reasons for requiring that person to furnish the advertisement and for requiring him (if the notice does) to refrain from publishing it.
“Minded to” notices in respect of determinations of breaches of the Advertising Regulations
3
If the Health Ministers, having considered an advertisement furnished to them in accordance with paragraphs 1(a) or 1(b) or otherwise obtained by them, are minded to make a determination that the advertisement, if published, would be in breach of the Advertising Regulations, they may serve a notice on any person appearing to them to be concerned or likely to be concerned with the publication of the advertisement stating–
a
that they are minded to make a determination that the advertisement, if published, would be in breach of the Advertising Regulations;
b
the reasons why they are minded to make that determination;
c
that if such a determination is made, that person may be required to refrain from publishing that advertisement by a notice served under paragraph 5; and
d
that the person on whom the notice is served has twenty-one days from the date of the notice in which to make written representations that the proposed determination should not be made,
and the notice may require that person to refrain from publishing that advertisement until the notice has been withdrawn by the Health Ministers.
Decisions that an advertisement would not be in breach
4
If, upon further consideration, in particular of any representations made to them under paragraph 3(d), the Health Ministers decide that the advertisement, if published, would not be in breach of the Advertising Regulations, they shall serve a notice on the person on whom they had previously served a notice under paragraph 3–
a
informing him of that decision; and
b
withdrawing the notice served in respect of that advertisement under paragraph 3.
Determinations that an advertisement would be in breach
5
If, upon further consideration, in particular of any representations made to them under paragraph 3(d), the Health Ministers make a determination that the advertisement, if published, would be in breach of the Advertising Regulations, they shall serve a notice on the person on whom they had previously served a notice under paragraph 3–
a
stating the reasons for the determination;
b
withdrawing the notice served in respect of that advertisement under paragraph 3,
and the notice may require him to refrain from publishing that advertisement.
Publication of the determination and a corrective statement
6
Where the Health Ministers have prohibited the publication of an advertisement under paragraph 5 and that advertisement has previously been published, they may require any person against whom the prohibition has been imposed to publish within a specified time in such form as the Health Ministers consider appropriate–
a
the reasons for the determination (as notified to them by the Health Ministers under paragraph 5(a)), in full or in part (whichever the Health Ministers require); and
b
a corrective statement in relation to the advertisement in respect of which the prohibition has been imposed.
Offences
7
Any person who fails to comply with any requirement imposed on him by a notice under paragraphs 1, 3 or 5 shall be guilty of an offence and shall be liable–
a
on summary conviction, to a fine not exceeding level 5 on the standard scale,
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
8
Any person who fails to comply with any requirement imposed on him under paragraph 6 shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
.
Signed by authority of the Secretary of State for Health
Hayman
Parliamentary Under Secretary of State
Department of Health
1st February 1999
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State Welsh Office
5th February 1999
Signed by authority of the Secretary of State for Scotland
Sam Galbraith
Parliamentary Under Secretary of State Scottish Office
3rd February 1999
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on
D.C. Gowdy
Permanent Secretary
4th February 1999.


text:
Citation and commencement
1
This Order may be cited as The West Lindsey National Health Service Trust (Dissolution) Order 1999 and shall come into force on 1st April 1999.
Dissolution of NHS trust
2
The West Lindsey National Health Service Trust established by The West Lindsey 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
8th March 1999


text:
Citation and commencement
1
These Regulations may be cited as the National Assistance (Sums for Personal Requirements) Regulations 1999 and shall come into force on 12th April 1999.
Sum needed for personal requirements
2
The sum which under section 22(4) of the National Assistance Act 1948 a local authority shall assume that a person will need for his personal requirements shall be £14.75 per week.
Revocation
3
The National Assistance (Sums for Personal Requirements) Regulations 1998 are hereby revoked.
Frank Dobson
One of Her Majesty’s Principal Secretaries of State,
Department of Health
3rd March 1999


text:
Title and commencement
1
This Order may be cited as the Tollesbury and Mersea (Blackwater) Fishery Order 1999 and shall come into force on 14th July 1999.
Right of several fishery
2
There is hereby conferred on the Tollesbury and Mersea Native Oyster Fishery Company Limited (“the Grantees”) for a period of twenty years the right of several fishery for oysters within the limits and subject to the conditions set out in the Schedule to this Order (which are the same limits and conditions as have applied under the Tollesbury and Mersea (Blackwater) Fishery Order 1938 ).
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
16th June 1999


text:
Citation and commencement
1
This Order may be cited as the Petty Sessions Areas (Amendment) Order 1999 and shall come into force on 1st January 2000.
Petty sessions areas
2
In Part I of the Schedule to the Petty Sessions Areas Order 1999 —
a
for the entries in column 1 opposite the entry “BEDFORDSHIRE” in column 2 there shall be substituted —
Bedford and Mid Bedfordshire Luton and South Bedfordshire
;
b
for the entries in column 1 opposite the entry “ESSEX” in column 2 there shall be substituted —
Mid-North Essex Mid-South Essex North-East Essex North-West Essex South-East Essex South-West Essex
;
c
for the entries in column 1 opposite the entry “KENT” in column 2 there shall be substituted —
Canterbury and St. Augustine Channel Dartford and Gravesham Faversham and Sittingbourne Medway Mid Kent Thanet West Kent
;
d
for the entries in column 1 opposite the entry “STAFFORDSHIRE” in column 2 there shall be substituted —
Burton upon Trent Cannock and Seisdon Lichfield and Tamworth Mid Staffordshire and Rugeley North Staffordshire Stoke-on-Trent
;
e
for the entries in column 1 opposite the entry “WILTSHIRE” in column 2 there shall be substituted —
North West Wiltshire South East Wiltshire Swindon
.
Signed by the authority of the Lord Chancellor
Jane Kennedy
Parliamentary Secretary
Lord Chancellor’s Department
Dated 1st December 1999


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Public Service Vehicle Operators (Qualifications) Regulations 1999.
2
Subject to Regulation 6, these Regulations shall come into force on 1st October 1999.
3
In these Regulations “ the Act ” means the Public Passenger Vehicles Act 1981 .
4
These Regulations do not extend to Northern Ireland.
Good repute
2
1
For sub-paragraph (3) of paragraph 1 of Schedule 3 to the Act (qualifications for PSV operator’s licence) there shall be substituted the following sub-paragraph —
3
A traffic commissioner shall determine that an individual is not of good repute if he has —
a
more than one conviction of a serious offence; or
b
been convicted of road transport offences.
2
For sub-paragraph (5) of that paragraph there shall be substituted the following sub-paragraph —
5
For the purposes of sub-paragraph (3)(b) above a road transport offence is —
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-paragraph (2) of paragraph 2 of Schedule 3 to the Act there shall be substituted the following sub-paragraph —
2
An applicant for, or the holder of, such a licence authorising the use of vehicles for international 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
In paragraph 6 of Schedule 3 to the Act, for paragraph (a) there shall be substituted the following paragraph —
a
he has demonstrated that he possesses the requiste skills by passing a written examination organised by an approved body and is the holder of a certificate to that effect issued by that body; or
2
Paragraph 6 of that Schedule as so amended shall be renumbered as sub-paragraph (1) of that paragraph and after that provision as so renumbered there shall be inserted the following sub-paragraphs —
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 .
3
The certificate mentioned in sub-paragraph (1)(a) must take the form of the certificate set out in Annex Ia to that Directive.
3
In paragraph 7 of that Schedule —
a
in the definition of “approved body”, for the words from “Article 2(4)” to “21st June 1989” there shall be substituted the words “Article 3(4) of Council Directive No. 96/26/EC ”; and
b
in the definition of “the requisite skills”, for the words from “skills in the subjects” to the end there shall be substituted the words “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.”
Periodic checks
5
After section 16 of the Act there shall be inserted the following section —
Conditions as to matters required to be notified.
16A
1
On issuing a standard licence, a traffic commissioner shall attach to it the following conditions, namely —
a
a condition requiring the licence-holder to inform the commissioner of any event which could affect the fulfilment by the licence-holder of any of the requirements of section 14(1) of this Act, and to do so within 28 days of the event; and
b
a condition requiring the licence-holder to inform the commissioner of any event which could affect the fulfilment by a relevant transport manager of the requirements mentioned in section 14(1)(a) or (c) of this Act, and to do so within 28 days of the event coming to the licence-holder’s knowledge.
2
In subsection (1)(b) above the reference to a “relevant transport manager” is a reference to any transport manager employed by the licence-holder who is relied on by the licence-holder to fulfil the requirements of section 14(1)(c) of this Act.
3
Any person who contravenes any condition attached under this section to a licence of which he is the holder is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Transitional provisions and savings
6
1
Subject to paragraph (2) below, in relation to the holder of a PSV operator’s licence granted before 1st October 1999, the amendment made by regulation 3 above does not come into force until 1st October 2001.
2
Where a 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 used under the licence, for the purposes of aggregating capital and reserves for additional vehicles, paragraph (1) above shall 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.
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:
PART 1
General
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Incapacity for Work) Miscellaneous Amendments Regulations 1999 and shall, subject to paragraph (2), come into force on 3rd April 2000.
2
This regulation and regulation 2(2)(a) and (c) shall come into force on 13th December 1999.
3
In these Regulations, “the principal Regulations ” means the Social Security (Incapacity for Work) (General) Regulations 1995 and any reference in Part II of these Regulations to a regulation or a Part is a reference to a regulation or a Part of the principal Regulations.
PART II
Amendment of the Principal Regulations
Amendment of Parts I and II
2
1
In regulation 2(1) (interpretation), the definition of “the all work test” shall be omitted and there shall be inserted after the definition of “the own occupation test” the following —
“personal capability assessment” means the assessment defined in Part III of these Regulations;
.
2
In regulation 6 (information required for determining capacity for work) —
a
in paragraph (1), after the word “work” there shall be inserted “and the information or evidence required which is capable of being used for assisting or encouraging a person to obtain work or to enhance his prospects of obtaining it,”;
b
in sub-paragraph (a) of paragraph (1), the words “or the all work test” shall be omitted and after “applies,” there shall be inserted “or where the question of whether a person is capable or incapable of work falls to be determined in accordance with the personal capability assessment,”;
c
for sub-paragraph (b) of paragraph (1), there shall be substituted —
b
where the all work test applies, such information —
i
relating to a person’s ability to perform the activities referred to in the Schedule, or
ii
capable of being used for assisting or encouraging a person to obtain work or to enhance his prospects of obtaining it,
as the Secretary of State may request in the form of a questionnaire;
;
d
in sub-paragraph (b) of paragraph (1) as amended by these Regulations for the words “where the all work test applies” there shall be substituted the words “where the question of whether a person is capable or incapable of work falls to be determined in accordance with the personal capability assessment”;
e
in sub-paragraph (c) of paragraph (1), for the words “relating to the relevant test” there shall be substituted “as is capable of being used for the purpose referred to in paragraph (b)(ii), or relating to the own occupation test or the personal capability assessment”;
f
in paragraph (2), for the words “paragraph (1)(b)” there shall be substituted “paragraph (1)(b)(i)”;
g
after paragraph (3) there shall be inserted the following —
4
Information requested for the purpose referred to in paragraph (1)(b)(ii) shall not be used for the purposes of determining whether a person is capable or incapable of work in accordance with Part XIIA of the Contributions and Benefits Act.
.
3
In paragraph (1) of regulation 7 (failure to provide information) the words “(all work test questionnaire)” shall be deleted.
4
In paragraph (1) of regulation 8 (person may be called for a medical examination), for the words “a question arises as to” there shall be substituted “it falls to be determined”.
5
In paragraph (1) of regulation 10 (certain persons with a severe condition to be treated as incapable of work), for the words “Where the all work test applies” there shall be substituted the words “Where the question of whether a person is capable or incapable of work falls to be determined in accordance with the personal capability assessment”.
6
In regulation 13A (welfare to work beneficiary) —
a
in paragraph (1)(d)(ii), for the words “an assessment made in respect of the all work test or a determination in respect of the own occupation test” there shall be substituted “a determination made in respect of the personal capability assessment or the own occupation test” and the words “assessment or” shall be omitted;
b
in paragraph (2)(c)(i), for the words “satisfied the all work test in accordance with Part III” there shall be substituted “determined to be incapable of work in accordance with the personal capability assessment under Part III”.
7
In regulation 14(a) (ii) (pregnancy) for the words “where the all work test applies,” there shall be substituted “where the question of whether a person is capable or incapable of work falls to be determined in accordance with the personal capability assessment,”.
8
In paragraph (1) of regulation 16 (person who works to be treated as capable of work), for the words “the all work test as satisfied until assessment” there shall be substituted “a person as incapable of work in accordance with the personal capability assessment until a determination has been made in accordance with that assessment”.
9
In regulation 17A (person who claims unemployment benefit to be treated as capable of work), there shall be substituted —
a
for the words “Where the all work test applies” the words “Where the question of whether a person is capable or incapable of work falls to be determined in accordance with the personal capability assessment”, and
b
for the word “test” the word “assessment”.
Amendment of Part III
3
1
In Part III, for the words constituting the heading “ALL WORK TEST” there shall be substituted “PERSONAL CAPABILITY ASSESSMENT”.
2
For regulation 24 there shall be substituted —
The personal capability assessment
24
For the purposes of section 171C(2)(a) of the Contributions and Benefits Act the personal capability assessment is an assessment of the extent to which a person who has some specific disease or bodily or mental disablement is capable of performing the activities prescribed in the Schedule, or is incapable by reason of such disease or bodily or mental disablement of performing those activities.
.
3
For regulation 25(1) there shall be substituted —
Incapacity under the personal capability assessment
25
1
For the purposes of section 171C(2)(b) of the Contributions and Benefits Act a person is incapable of work in accordance with the personal capability assessment when one or more of the descriptors in Part I or Part II apply to him if, by adding the points listed in column (3) of the Schedule against the descriptor, he obtains a total score of at least —
a
15 points in respect of descriptors specified in Part I; or
b
10 points in respect of descriptors specified in Part II; or
c
15 points in respect of descriptors specified in Parts I and II.
.
4
In regulation 27 (exceptional circumstances), for the words “does not satisfy the all work test” there shall be substituted “is not incapable of work in accordance with the personal capability assessment”.
5
For regulation 28(1) (conditions for treating the all work test as satisfied until assessment), there shall be substituted —
Conditions for treating a person as incapable of work until the personal capability assessment is carried out
28
1
Where the question of whether a person is capable or incapable of work falls to be determined in accordance with the personal capability assessment that person shall, if the conditions set out in paragraph (2) are met, be treated as incapable of work in accordance with the personal capability assessment until such time as he has been assessed or he falls to be treated as capable of work in accordance with regulation 7 or 8.
.
PART III
Transitional Provision
Person determined or treated as satisfying the all work test
4
1
For the purposes of Part XIIA of the Social Security Contributions and Benefits Act 1992 (incapacity for work) a determination under the all work test made before 3rd April 2000 shall from that date be treated as if it were a determination under the personal capability assessment.
2
For the purposes of regulation 28, where before 3rd April 2000 the all work test was treated as satisfied in relation to a person under that regulation, from that date regulation 28 shall apply in relation to that person as if he had been treated as incapable of work in accordance with the personal capability assessment.
PART IV
Consequential Amendments
The Social Security (Medical Evidence) Regulations 1976
5
The Social Security (Medical Evidence) Regulations 1976 shall be amended as follows —
a
in regulation 1(2) for the definition of “the all work test” there shall be substituted the following —
“personal capability assessment” means the assessment provided for in section 171C of the Contributions and Benefits Act ;
;
b
in regulation 2(2) and in Part II of Schedule 1B for the words “all work test” wherever they appear there shall be substituted “personal capability assessment”; and
c
in paragraphs 1, 2 and 3 of Part I of Schedule 1B for the words “all work test statement” wherever they appear there shall be substituted “personal capability assessment statement”.
The Income Support (General) Regulations 1987
6
Regulations 22A(1) and (3) of, and paragraph 25 of Schedule 1B to, the Income Support (General) Regulations 1987 shall be amended by the substitution for the words “all work test” of “personal capability assessment”.
The Social Security (Incapacity Benefit) (Transitional) Regulations 1995
7
The Social Security (Incapacity Benefit) (Transitional) Regulations 1995 shall be amended as follows —
a
in regulation 31(1) —
i
for the words “the all work test shall apply to him” there shall be substituted the words “the question of whether he is capable or incapable of work shall fall to be determined in accordance with the personal capability assessment”;
ii
for the words “that test” there shall be substituted “that assessment”; and
iii
for the words “(the all work test)” there shall be substituted “(the personal capability assessment)”;
b
in regulation 31(3) for the words “shall be treated as having satisfied” to the end there shall be substituted “shall be treated as being incapable of work in accordance with regulations made under section 171C of the 1992 Act (the personal capability assessment)”; and
c
in regulation 32 the words “(period after which the all work test applies)” shall be omitted.
Signed by authority of the Secretary of State for Social Security.
Hugh Bayley
Parliamentary Under-Secretary of State,Department of Social Security
18th November 1999


text:
Title and commencement
1
These Regulations may be cited as the Hill Livestock (Compensatory Allowances) (Amendment) Regulations 1999 and shall come into force on 23rd February 1999.
Amendments to the Hill Livestock (Compensatory Allowances) Regulations 1996
2
1
The Hill Livestock (Compensatory Allowances) Regulations 1996 shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph (1) of regulation 2 (interpretation)–
a
the definitions of “Council Regulation 3813/92” and “Council Regulation 3320/94” shall be deleted;
b
the definition of “ ECU ” shall be deleted;
c
after the definition of “eligible land”, there shall be inserted the following definition–
“euro” means a “euro unit” as defined in Article 1 of Council Regulation ( EC ) No. 974/98 on the introduction of the euro , and any reference in these Regulations to a specified number of euros in relation to a compensatory allowance shall be taken to be a reference to the sterling equivalent of that number of euros converted into sterling at the exchange rate (within the meaning of Council Regulation (EC) No. 2799/98 establishing agrimonetary arrangements for the euro ), as determined in accordance with Commission Regulation (EC) No. 2808/98 laying down detailed rules for the application of the agrimonetary system for the euro in agriculture ;
;
d
the definition of “the 1997 Regulations” shall be deleted;
e
the following definition shall be inserted immediately after the definition of “the 1994 Regulations”–
“the 1998 Regulations ” means the Cattle Identification Regulations 1998 ;
; and
f
in the definition of “the 1993 Suckler Cow Regulations”, for “the Hill Livestock (Compensatory Allowances) (Amendment) Regulations 1998” there shall be substituted “the Hill Livestock (Compensatory Allowances) (Amendment) Regulations 1999”.
3
In paragraph (3) of regulation 2, for “the Hill Livestock (Compensatory Allowances) (Amendment) Regulations 1998” there shall be substituted–
the Hill Livestock (Compensatory Allowances) (Amendment) Regulations 1999
.
4
In regulation 3 (compensatory allowances for breeding cows and ewes)–
a
in paragraphs (1), (3)(a) and (b) and (4), for “ECU”, in each place where it occurs, there shall be substituted “euros”;
b
in paragraph (1A)–
i
for “the 1998 Scheme year” there shall be substituted “the 1999 Scheme year”;
ii
in sub-paragraphs (a) and (b)(i), for “£47.50” there shall be substituted “£73.39”;
iii
in sub-paragraph (b)(i), for “£88.70” there shall be substituted “£102.75”; and
iv
in sub-paragraphs (b)(ii) and (c), for “£23.75” there shall be substituted “£36.69”;
c
in paragraph (1B)–
i
for “the 1998 Scheme year” there shall be substituted “the 1999 Scheme year”;
ii
in sub-paragraph (a), for “£5.75” there shall be substituted “£8.88”;
iii
in sub-paragraph (b)(i) and (ii)(aa), for “£3” there shall be substituted “£4.64”;
iv
in sub-paragraph (b)(ii)(aa), for “£88.70” there shall be substituted “£102.75”; and
v
in sub-paragraphs (b)(ii)(bb) and (iii), for “£2.65” there shall be substituted “£4.09”; and
d
in paragraph 3(a), for “£88.70” there shall be substituted “£102.75”.
5
In regulation 9 (powers of authorised persons), in paragraph 5(a), for “the 1997 Regulations” there shall be substituted “the 1998 Regulations”.
6
In regulation 12 (withholding or recovery of compensatory allowance), in paragraph 4, for “regulation 3(3) and (4) of the 1997 Regulations” there shall be substituted “regulation 29(3) and (5) of the 1998 Regulations”.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
16th February 1999
Sewel
Parliamentary Under Secretary of State, Scottish Office
18th February 1999


text:
Commencment and citation
1
This Order may be cited as The A205 Trunk Road (Lambeth) Red Route (Prohibition of Traffic) Traffic Order 1999, and shall come into force on 6th September 1999.
Interpretation
2
In this Order: —
a
a reference to an article followed by a number is a reference to the article of this order so numbered;
b
Causing includes permitting;
c
“Cavendish Road” means that length of the A205 Trunk Road in the London Borough of Lambeth known as Cavendish Road;
d
“Hazelbourne Road” means the road of that name in the London Borough of Lambeth and in the London Borough of Wandsworth.
Prohibition
3
1
Subject to the provisions of article 4, no person shall cause any vehicle, to: —
a
enter Cavendish Road from Hazelbourne Road; or
b
proceed from Cavendish Road to Hazelbourne Road.
Exemptions
4
The provisions of articles 3 do not apply: —
a
to anything done with the permission or at the direction of a police constable in uniform or a traffic warden;
b
to a vehicle being used for fire brigade, ambulance or police purposes; or
c
to a pedal cycle as defined in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Revocation or variation of existing Orders
5
The A205 Trunk Road (Lambeth) Red Route (Prohibition of Traffic) Experimental Traffic Order 1998 is hereby revoked in so far as its provisions relate to any length of road specified in article 2 of this order.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
19th August 1999


text:
1
The new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that:–
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purposes of through traffic.
4
The lengths of the trunk road described in Schedule 2 to this Order, and numbered 1–4 therein, and shown by broad striped hatching on the deposited plan, shall cease to be trunk road and numbers 1 and 3 shall be classified as classified roads and numbers 2 and 4 will become unclassified roads as from the date on which the Secretary of State notifies Gwynedd Council that the new trunk road is open for through traffic.
5
In this Order–
All measurements of distance are measured along the route of the relevant highway;
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan” means the site plans numbered 1 to 3 as contained in the plan folder marked “The Fishguard to Bangor Trunk Road (A487) (Llanwnda to South of Llanllyfni Improvement) Order 1999” signed by authority of the Secretary of State and deposited at the Welsh Office Repository, Curran Embankment, Cardiff;
iii
“the new trunk road” means the highway mentioned in Article 1 of this Order;
iv
“the trunk road” means the Fishguard to Bangor Trunk Road (A487).
6
This Order shall come into force on 18th February 1999 and may be cited as the Fishguard to Bangor Trunk Road (A487) (Llanwnda to South of Llanllyfni Improvement) Order 1999.
Signed by authority of the Secretary of State
D. M. Timlin
Head of Roads Administration Division, Welsh Office
Dated the 29th January 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Lothian University Hospitals National Health Service Trust (Establishment) Amendment Order 1999 and shall come into force on 1st April 1999.
2
In this Order “the principal Order ” means the Lothian University Hospitals National Health Service Trust (Establishment) Order 1998 .
Amendment of Article 3 of the principal Order
2
For article 3 of the principal Order there shall be substituted the following:–
3
1
The trust is established for the purposes specified in section 12A(1) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health boards) shall be–
a
pending either–
i
the bringing into operation of the new hospital, other establishments and facilities referred to in sub-paragraph (2)(b) of this Article (the “new facilities”) and the transfer of all the activities of the trust carried out at the relevant hospital, other establishment or facility mentioned in sub-paragraph 2(a) of this Article (the “old facilities”) to the new facilities or otherwise; or
ii
the cessation of such activities,
and the disposal of the old facilities, to own and manage under section 12A(1)(a) of the Act the hospitals, other establishments or facilities known as, or associated with the Royal Infirmary of Edinburgh, Princess Margaret Rose Orthopaedic Hospital, City Hospital, Edinburgh Dental Institute, Simpson Memorial Maternity Pavilion and Chalmers Hospital, all in Edinburgh, including the management of the teaching and research facilities associated therewith and the support services related thereto; and
b
to provide and manage under section 12A(1)(b) of the Act a new hospital and other establishments or facilities to replace the Royal Infirmary of Edinburgh and any or all of the other hospitals, establishments or facilities mentioned in sub-paragraph (2)(a) of this Article which new hospital, establishments and facilities may include such facilities as are reasonably required for undergraduate and postgraduate clinical teaching and research, and for the education and training of persons providing or intending to provide services under the Act and, in particular, facilities provided to the University of Edinburgh for these purposes; and
c
to own and manage under section 12A(1)(a) of the Act the hospital establishments or facilities at the Western General Hospital, the Royal Victoria Hospital, the Royal Hospital for Sick Children, the Princess Alexandra Eye Pavilion and Lauriston Building, all in Edinburgh and establishments associated with those hospitals.
.
Sam Galbraith
Minister for Health Scottish Office
St Andrew’s House,
Edinburgh
26th March 1998


text:
1
1
These Regulations may be cited as the Sale of Dogs (Identification Tag) Regulations 1999 and shall come into force on 30th December 1999.
2
These Regulations shall not extend to Scotland.
2
In addition to the information required by the definition of “identifying tag or badge” in section 8(5) of the Breeding and Sale of Dogs (Welfare) Act 1999 to be displayed on such a tag or badge, that tag or badge shall also display the following information —
a
the date of birth of the dog, and
b
an identifying number, if any, allocated to the dog by the licensed breeding establishment at which it was born.
Mike O'Brien
Parliamentary Under-Secretary of State
Home Office
29th November 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Anti-Pollution Works Regulations 1999 and shall come into force on 29th April 1999.
2
In these Regulations “ the Act ” means the Water Resources Act 1991; and for the purposes of these Regulations the parties to an appeal are the appellant, the Agency and any person who is served with a copy of a notice of an appeal in accordance with regulation 3(4)(b).
Content of works notices
2
A works notice shall–
a
in the case of a potential pollution incident, describe the nature of the risk to controlled waters, identifying the controlled waters which may be affected and the place from which the matter in question is likely to enter those waters;
b
in the case of an actual pollution incident, describe the nature and extent of the pollution, identifying the controlled waters affected by it;
c
specify the works or operations required to be carried out by the person on whom the notice is served, stating his name and address;
d
give the Agency’s reasons for serving the notice on that person and for requiring those works or operations to be carried out;
e
inform the person on whom the notice is served of his right of appeal under section 161C of the Act (including the time for appealing) and of the requirements imposed by regulation 3 in relation to its exercise;
f
state that the Agency is entitled (unless the notice is quashed or withdrawn) to recover from the person on whom the notice is served its costs or expenses reasonably incurred in carrying out such investigations as are mentioned in section 161(1) of the Act; and
g
set out the contents of section 161D(1) to (4) of the Act (consequences of not complying with a works notice).
Appeals against works notices
3
1
A person who wishes to appeal to the Secretary of State under section 161C of the Act (appeals against works notices) shall give the Secretary of State notice of the appeal.
2
The notice of appeal shall state–
a
the name and address of the appellant and of all persons to be served with a copy of the notice of appeal;
b
the grounds on which the appeal is made; and
c
whether the appellant wishes the appeal to be determined on the basis of written representations or a hearing.
3
The notice of appeal shall be accompanied by copies of any application, consent, correspondence, decision, notice or other document relevant to the appeal.
4
At the same time as the appellant gives notice of the appeal to the Secretary of State, the appellant shall send to–
a
the Agency, and
b
where a ground of appeal is that the notice might lawfully have been served on some other person, that person,
a copy of the notice of appeal, together with a list of the documents provided to the Secretary of State under paragraph (3).
5
If the appellant wishes at any time to withdraw his appeal he shall do so by notice informing the Secretary of State and shall send a copy of the notice to the Agency and any other person on whom he is required to serve a copy of his notice of appeal.
Written representations
4
1
Where the appellant informs the Secretary of State that he wishes the appeal to be disposed of on the basis of written representations, the Agency, and any party to the appeal other than the appellant, shall submit any written representations to the Secretary of State not later than 14 days after receiving a copy of the notice of appeal.
2
The appellant shall submit any further representations by way of reply not later than 14 days after receiving whichever is the latest of the representations referred to in paragraph (1).
3
The Secretary of State may in any particular case–
a
set longer time limits than those mentioned in this regulation,
b
allow the parties to make representations in addition to those mentioned in paragraphs (1) and (2).
4
Any representations made by a party to the appeal shall be dated with the date on which they are submitted to the Secretary of State.
5
A party to the appeal who submits any representations to the Secretary of State shall at the same time send a copy to every other party.
Hearings
5
1
If a party to the appeal so requests or the Secretary of State so decides, the appeal shall be or continue in the form of a hearing (which may, if the person hearing the appeal so decides, be held, or held to any extent, in private).
2
The Secretary of State shall give the parties to the appeal at least 28 days' notice (unless they agree to a shorter period of notice) of the date, time and place fixed for the hearing.
3
In the case of a hearing which is to be held wholly or partly in public, the Secretary of State shall, at least 21 days before the date fixed for the hearing, publish a copy of the notice given under paragraph (2) in a newspaper circulating in each locality which he considers may be affected by any matter which falls to be determined in relation to the appeal.
4
The Secretary of State may vary the date fixed for the hearing and paragraphs (2) and (3) shall apply to the new date as they apply to the original date.
5
The Secretary of State may also vary the time or place fixed for the hearing but shall give such notice of any such variation as appears to him to be reasonable.
6
Each party to the appeal is entitled to be heard at a hearing.
7
Nothing in paragraph (6) shall prevent the person appointed to hear the appeal from permitting any other person to be heard at he hearing and such permission shall not be unreasonably withheld.
8
After the conclusion of a hearing, the person appointed to hear the appeal shall, unless he was appointed under section 114(1)(a) of the Environment Act 1995 (power of Secretary of State to delegate his functions of determining appeals), make a report in writing to the Secretary of Sate which shall include his conclusions and his recommendations or his reasons for not making any recommendations.
Notification of determination
6
1
The Secretary of State shall notify the appellant in writing of the determination of the appeal and shall provide him with a copy of any report mentioned in regulation 5(8).
2
The Secretary of State shall at the same time send a copy of the documents mentioned in paragraph (1) to the Agency and to every other party to the appeal.
Compensation for grant of rights under section 161B
7
The Schedule to these Regulations shall have effect–
a
for prescribing the period within which a person who grants, or joins in granting, any rights pursuant to section 161B(2) of the Act may apply for compensation for the grant of those rights;
b
for prescribing the manner in which, and the person to whom, such an application may be made; and
c
for prescribing the manner of determining such compensation, for determining the amount of such compensation and for making supplemental provision relating to such compensation.
Pollution control registers: amendment
8
1
The Control of Pollution (Applications, Appeals and Registers) Regulations 1996 shall be amended as follows.
2
At the end of regulation 15 (pollution control registers) insert–
n
works notices under section 161A of the Act;
o
notices of appeal under section 161C of the Act, documents provided to the Secretary of State in connection with appeals under that section, written notifications of the determinations of such appeals and any report accompanying any such written notification; and
p
any conviction of any person for any offence under section 161D of the Act, including the name of the offender, the date of conviction, the penalty imposed, the costs, if any, awarded against the offender, and the name of the Court.
.
3
In regulation 16 (entry of particulars on register, removal of certain particulars and indexing of registers)–
a
after paragraph (1)(b) insert–
ba
if they relate to a works notice under section 161A of the Act, not later than 7 days after the notice is served;
bb
if they relate to any matters mentioned in regulation 15(o), not later than 14 days after those particulars become available to the Agency;
.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Michael Meacher
Minister of State,
Department of the Environment, Transport and the Regions
30th March 1999
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under-Secretary of State, Welsh Office
29th March 1999


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No. 2) Regulations 1999 and shall come into force–
a
for all purposes except those of regulation 7(2), on 6th April 1999;
b
for the purposes of regulation 7(2), on 4th May 1999.
Amendment of Motor Vehicles (Driving Licences) Regulations 1996
2
The Motor Vehicles (Driving Licences) Regulations 1996 are amended in accordance with regulations 3 to 9 below.
3
In regulation 13 (provisional licences: interpretation)–
a
in paragraph (1), the definitions of “qualified driver” and “relevant licence holder” shall be omitted;
b
paragraph (2) shall be omitted.
4
After regulation 13 there shall be inserted–
Meaning of “qualified driver”
13A
1
Subject to paragraph (3), a person is a qualified driver for the purposes of regulation 15 if he–
a
is 21 years of age or over,
b
holds a relevant licence,
c
has the relevant driving experience, and
d
in the case of a disabled driver, he is supervising a provisional licence holder who is driving a vehicle of a class included in category B and would in an emergency be able to take control of the steering and braking functions of the vehicle in which he is a passenger.
2
For the purposes of this regulation–
a
“disabled driver” means a person who holds a relevant licence which is limited by virtue of a notice served under section 92(5)(b) of the Traffic Act to vehicles of a particular class;
b
“full licence” includes a full Northern Ireland licence and a Community licence;
c
“relevant licence” means–
i
in the case of a disabled driver, a full licence authorising the driving of a class of vehicles in category B other than vehicles in sub-category B1 or B1 (invalid carriages), and
ii
in any other case, a full licence authorising the driving of vehicles of the same class as the vehicle being driven by the provisional licence holder; and
d
a person has relevant driving experience if–
i
in the case of a person supervising a provisional licence holder who is driving a vehicle in category C, D, C+E or D+E, he held the relevant licence on 6th April 1998 and has held it continuously since that date and he has also held a full licence authorising the driving of vehicles in category B for a continuous period of not less than 3 years or for periods amounting in aggregate to not less than 3 years, and
ii
in any other case, he has held the relevant licence for a continuous period of not less than 3 years or for periods amounting in aggregate to not less than 3 years.
3
In the case of a person who is a member of the armed forces of the Crown acting in the course of his duties for naval, military or air force purposes sub-paragraphs (a) and (c) of paragraph (1) shall not apply.
.
5
In regulation 31(1)(a) (fees for theory tests) for “£25” there shall be substituted “£21”.
6
For regulation 33(3) (vehicles suitable for tests) there shall be substituted–
3
A person submitting himself for a practical or unitary test shall provide a vehicle which–
a
corresponds to the specification referred to in paragraph (1), (1A) or (2), as the case may be,
b
is not fitted with a device designed to permit a person other than the driver to operate the accelerator, unless any pedal or lever by which the device is operated and any other parts which it may be necessary to remove to make the device inoperable by such a person during the test have been removed, and
c
is reasonably representative of the class to which it belongs and is otherwise suitable for the purposes of the test.
3A
A person submitting himself for a practical test prescribed in respect of category B or B+E shall provide a motor vehicle which–
a
is fitted with a front passenger seat unless it–
i
is a vehicle included in sub-category B1 and is constructed without a front passenger seat, or
ii
has been adapted on account of a disability of the person who has submitted himself for the test and as part of that adaptation has had the front passenger seat removed,
b
has fitted for use with the front passenger seat (or, if there is no such seat, with another seat in which the person conducting the test may conveniently sit for the purpose of the test) a properly anchored and functioning three-point seat belt, and
c
in the case of a vehicle fitted with a front passenger seat, has fitted as an integral part of that seat a head restraint which satisfies the requirements of Council Directive 78/932/ EEC .
3B
A person submitting himself for a practical test prescribed in respect of category B shall provide a vehicle which is fitted with an interior rear-view mirror providing adequate rearward vision from the front passenger seat unless it–
a
is a vehicle included in sub-category B1 and is constructed without a front passenger seat, or
b
has been adapted on account of a disability of the person who has submitted himself for the test and as part of that adaptation has had the front passenger seat removed.
3C
A person submitting himself for a practical test prescribed in respect of category B+E, C, C+E, D or D+E shall provide a motor vehicle which is not carrying goods or burden other than fixed items which are characteristic of the class to which it belongs.
3D
A person submitting himself for a practical test prescribed in respect of category C, C+E, D or D+E shall provide a motor vehicle which is fitted with a seat which is firmly secured to the vehicle and in such a position that the examiner can properly conduct the test and is protected from bad weather during the test.
3E
A person submitting himself for a practical test prescribed in respect of category D or D+E shall provide a motor vehicle which is fitted with a seat which is so placed that the examiner can, from the deck of the vehicle on which the driver is seated clearly observe the road to the rear of the vehicle without the use of any optical device, unless–
a
the construction of the vehicle makes it impossible to fulfil that requirement, or
b
the examiner consents to the requirement not being complied with in consequence of an arrangement to conduct part of the test elsewhere than on a road.
3F
A person submitting himself for a practical test prescribed in respect of category B+E, C+E or D+E shall provide a motor vehicle which is fitted with linkage and braking mechanisms which are designed for use when the trailer is fully laden.
3G
In the case of a test being conducted by a person appointed in accordance with paragraph (1)(b) or (2)(b) of regulation 21 paragraphs (3A)(c) and (3B) shall not apply.
.
7
1
Regulation 36 (nature of tests other than extended tests) shall be amended as follows.
2
In paragraph (6)(b)(ii), for “25 minutes” there shall be substituted “30 minutes”.
3
In paragraph (7), for paragraph (a) there shall be substituted–
a
be conducted as an approved form of examination consisting of 35 questions, the questions being in either a multiple choice or multiple response form and testing a candidate on the specified matters in accordance with Schedule 7;
.
8
For regulation 68(8B)(b) (circumstances in which a person suffering from diabetes requiring insulin treatment may hold a licence) there shall be substituted–
b
he has not, during the period of twelve months ending on the date of the application, required the assistance of another person to treat an episode of hypoglycaemia suffered whilst he was driving,
.
9
For Parts 3 and 4 of Schedule 7 (specified matters for theory test) there shall be substituted the provisions contained in the Schedule to these Regulations.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Larry Whitty
Parliamentary under Secretary,
Department of the Environment, Transport and the Regions
4th March 1999
We approve the making of these Regulations
Jim Dowd
Clive Betts
Two of the Lords Commissioners of Her Majesty’s Treasury
5th March 1999


text:
Title, extent and commencement
1
These Regulations, which extend to Great Britain, may be cited as the Olive Oil (Designations of Origin) Regulations 1999 and shall come into force on 30th June 1999.
Interpretation
2
1
In these Regulations, except where the context requires otherwise–
“the Marketing Standards Regulations ” means the Olive Oil (Marketing Standards) Regulations 1987 ;
“ the Minister ” means the Minister of Agriculture, Fisheries and Food;
“packaging”, the noun, means packaging intended for consumers in the member States and labels attached to such packaging;
“ Regulation 2815/98 ” means Commission Regulation ( EC ) No. 2815/98 concerning marketing standards for olive oil as amended by Commission Regulation (EC) 640/1999 ; and
“relevant oil” means extra virgin olive oil and virgin olive oil.
2
Any reference in these Regulations to a numbered Article shall be construed as a reference to the Article so numbered in Regulation 2815/98.
3
Any other expression used in these Regulations and in Regulation 2815/98 has, in so far as the context admits, the same meaning as it has in that Regulation.
Exemptions
3
These Regulations shall not apply to any olive oil or olive residue oil which is within Article 6.
Offences
4
1
A person shall be guilty of an offence if he sells any olive oil or olive residue oil the packaging of which bears a designation of origin unless–
a
the oil is relevant oil; and
b
the designation of origin does not contravene Article 2 or 3.
2
A person who packages relevant oil to which Article 4 applies shall be guilty of an offence if packaging takes place other than in an establishment which is approved in accordance with paragraphs 1 and 2 of Article 4.
3
A person who sells relevant oil the packaging of which contravenes paragraph 3 of Article 4 shall be guilty of an offence.
4
A person who operates an establishment which has a current approval granted in accordance with regulation 5 shall be guilty of an offence if he–
a
fails to comply with the undertaking given in respect of that establishment in accordance with the second indent of paragraph 2 of Article 4; or
b
fails to agree to the checks referred to in the third indent of paragraph 2 of Article 4.
5
Any person guilty of an offence under this regulation shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
6
Where an offence under these Regulations is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and liable to be proceeded against and punished accordingly.
Approval
5
1
An application for approval of an establishment pursuant to paragraphs 1 and 2 of Article 4 shall be sent to the Minister who, in accordance with paragraph 2 of Article 4, shall determine whether or not that approval is to be granted and, if so, allocate the requisite alphanumeric identification.
2
The Minister may, following conviction (for an offence under regulation 4(4) in relation to any establishment) against which there is no successful appeal, by notice served (within the period of 6 months following the date specified in paragraph (3)) on the person who operates the establishment suspend or withdraw the approval of the establishment and the allocation of the alphanumeric identification the granting and allocation of which respectively were effected pursuant to paragraph (1) above.
3
The date specified in this paragraph is–
a
in the case of a conviction against which there is no appeal, the date on which the right to appeal against that conviction expires; and
b
in the case of a conviction against which there is an unsuccessful appeal–
i
if there is no right of appeal against the result of that unsuccessful appeal, the date of that result, and
ii
if there is a right of appeal against that result but no appeal is made, the date on which that right of appeal expires.
4
The Minister may also withdraw the approval and allocation in question by agreement with the person who operates the establishment.
Application of other provisions
6
1
The following provisions of the Marketing Standards Regulations shall apply for the purposes of these Regulations as if those provisions formed part of these Regulations–
a
paragraphs (1) and (3) of regulation 2 (interpretation);
b
regulation 3 (enforcement);
c
regulation 5 (powers of authorised officers of enforcement authorities); and
d
regulation 6 (offences by bodies corporate).
2
The following provisions of the Food Safety Act 1990 shall apply for the purposes of these Regulations as if references in those provisions to a Part of that Act were references to these Regulations–
a
section 20 (offences due to fault of another); and
b
section 21(1), (5) and (6) (defence of due diligence).
3
Subsections (1) to (3) of section 44 (protection of officers acting in good faith) of the Food Safety Act 1990 shall apply for the purposes of these Regulations as if–
a
references in those subsections to a food authority were references to an enforcement authority; and
b
references in those subsections to the Act were references to these Regulations.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
27th May 1999
Sewel
Parliamentary Under Secretary of State, Scottish Office
27th May 1999


text:
Title, extent and commencement
1
These Regulations may be cited as the Bovine Spongiform Encephalopathy (Feeding Stuffs and Surveillance) Regulations 1999, shall extend to Great Britain and shall come into force on 15th April 1999.
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
“the appropriate Minister” means–
in relation to England, the Minister of Agriculture, Fisheries and Food;
in relation to Scotland, the Secretary of State for Scotland; and
in relation to Wales, the Secretary of State for Wales;
“authorised officer” means an officer appointed by the appropriate Minister or by the local authority in accordance with regulation 9 below;
“the Commission Decision” means Commission Decision 98/272/ EC on epidemio-surveillance for transmissible spongiform encephalopathies ;
“the disease” means bovine spongiform encephalopathy;
“feeding stuff” has the meaning given by section 66(1) of the Agriculture Act 1970 ;
“local authority” means–
in England–
as respects–
each local government area in respect of which there is a unitary authority established by an order under section 17 of the Local Government Act 1992 , or
each London borough, metropolitan district or non-metropolitan county, that authority or as the case may be the council of the London borough, metropolitan district or non-metropolitan county, except in relation to any part of the local government area or as the case may be London borough, metropolitan district or non-metropolitan county concerned which falls within the London Port Health District,
as respects the London Port Health District and the City of London, the Common Council of that City,
as respects the Isles of Scilly, the Council of the Isles of Scilly;
as respects Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ;
as respects Wales, the council of each county or county borough;
“the London Port Health District” has the same meaning as in section 7(1) of the Public Health (Control of Disease) Act 1984 ;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“premises” includes premises occupied as or contiguous with a dwelling;
“protein” means any proteinaceous material derived from a carcase, except–
milk or any milk product;
dicalcium phosphate derived from bones;
dried plasma or any other blood product;
gelatin; or
amino acids produced from hides and skins by a process which involves exposure of the material to acid of a pH lower than 2 followed by alkali of a pH greater than 11 and heat treatment at a minimum of 140°C for 30 minutes at a pressure of 3 bar; and
“veterinary inspector” means a veterinary inspector appointed by the Minister for the purposes of the Animal Health Act 1981 .
2
Any expression used in these Regulations which is not defined in paragraph (1) above and which appears in the Commission Decision or in Commission Decision 95/287/EC amending Decision 94/474/ EEC concerning certain protection measures relating to BSE has the same meaning in these Regulations as it does in that Decision.
3
With effect from 1st July 1999, any reference in these Regulations (however expressed) to the Secretary of State for Wales shall be construed as a reference to the National Assembly for Wales.
Powers of authorised officers in relation to samples
3
1
An authorised officer shall, on producing, if so required, a duly authenticated document showing his authority, have the right at all reasonable hours to enter any premises and there take such samples as are necessary to enable the Official ELISA tests for the identification of ruminant protein in feeding stuff intended for ruminants to be carried out.
2
An authorised officer may send any sample taken in accordance with paragraph (1) above direct to a laboratory for testing.
3
An authorised officer entering any premises in accordance with paragraph (1) above may take with him such other persons acting under his instructions as he considers necessary.
Investigation of the disease in bovine animals
4
1
When carrying out an investigation of the disease as part of a programme of monitoring by the appropriate Minister under Article 4(1) of the Commission Decision, a veterinary inspector may–
a
inspect and examine any bovine animal or any carcase of a bovine animal on any premises;
b
make such tests in relation to, and take such samples from, any bovine animal or a carcase of any bovine animal on any premises as he may consider necessary for the purpose of diagnosis or research in relation to the disease;
c
mark for identification purposes any bovine animal or any carcase of a bovine animal on any premises; and
d
examine any record in whatever form on the premises, and take copies of those records, which he believes may be relevant to any such inspection, examination, test, sampling or marking.
2
The occupier of any premises, any employee of such a person and any person who is or has been in possession or charge of any bovine animal or carcase which is or has been on any premises, shall–
a
provide such reasonable facilities and comply with such reasonable requirements as are necessary for an investigation of the disease as part of a programme of monitoring carried out by the appropriate Minister under Article 4(1) of the Commission Decision; and
b
if so required by an authorised officer give such information as he possesses as to–
i
any bovine animal or carcase which is or has been on the premises,
ii
any other animal or carcase with which any bovine animal or carcase which is or has been on the premises may have come into contact, and
iii
the location and movement of any bovine animal or carcase which is or has been in his possession or charge.
3
An authorised officer shall, on producing, if so required, a duly authenticated document showing his authority, have a right at all reasonable hours–
a
to enter any premises–
i
for the purpose of ascertaining whether any bovine animal is being or has been kept on the premises, or
ii
for any other purpose connected with an investigation of the disease as part of a programme of monitoring by the appropriate Minister under Article 4(1) of the Commission Decision; or
b
to enter any premises for the purpose of ascertaining whether there is on the premises any evidence of a contravention of the provisions of this regulation.
4
If a justice of the peace, on sworn information in writing, is satisfied that there is reasonable ground for entry onto any premises for any of the purposes mentioned in paragraph (3) above, and that either–
a
admission to the premises has been refused or a refusal is likely, and notice of the intention to apply for a warrant has been given to the occupier; or
b
an application for admission, or the giving of such a notice, would defeat the object of the entry, the case is one of urgency, the premises are unoccupied or the occupier is temporarily absent,
the justice may by warrant signed by him authorise an authorised officer to enter the premises, if need be by reasonable force.
5
In the application of this regulation to Scotland any reference to a justice of the peace includes a reference to the sheriff and to a magistrate.
6
An authorised officer, when entering any premises for any of the purposes mentioned in paragraph (3) above, or when on any premises for any such purpose, may–
a
examine any record in whatever form on the premises, and take copies of those records;
b
have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with any records, and may require any person having charge of, or who is otherwise concerned with the operation of the computer, apparatus or material to afford him such assistance as he may reasonably require;
c
where records are kept by means of a computer, require the records to be produced in a form in which they can be taken away;
d
take with him such other person as he considers necessary–
i
to carry out any checks and examinations for the purposes of this regulation, or
ii
for any purpose in relation to the execution of this regulation; and
e
take with him a representative of the European Commission acting for any purposes in relation to the Commission Decision.
Obstruction
5
1
No person shall–
a
intentionally obstruct a veterinary inspector or an authorised officer acting in the execution of these Regulations;
b
without reasonable cause, fail to give to any veterinary inspector or authorised officer acting in the execution of these Regulations any assistance or information which the inspector or officer may reasonably require of him for the purpose of carrying out his functions under these Regulations; or
c
furnish to any veterinary inspector or authorised officer acting in the execution of these Regulations any information which he knows to be false or misleading.
2
Nothing in paragraph (1)(b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Offences and penalties
6
1
Any person who, without reasonable excuse–
a
intentionally or recklessly defaces, obliterates or removes any mark applied to any bovine animal or carcase under regulation 4(1)(c) above;
b
intentionally or recklessly contravenes regulation 4(2) above; or
c
contravenes regulation 5(1) above,
shall be guilty of an offence.
2
A person guilty of an offence under paragraph (1)(a) or (b) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
3
A person guilty of an offence under paragraph (1)(c) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Offences by bodies corporate
7
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent of connivance of, or to have been attributable to any neglect on the part of–
a
any director, manager, secretary or other similar person of the body corporate, or
b
any person who was purporting to act in any such capacity,
he, as well as the body corporate, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1) above, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
3
Where an offence under these Regulations which has been committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Enforcement
8
1
Subject to paragraph (2) below, these Regulations shall be enforced by the local authority.
2
The appropriate Minister may direct, in relation to a particular case or a particular class of case, that the duty imposed on a local authority by paragraph (1) above shall be discharged by him and not by the local authority.
Appointment of authorised officers
9
1
Subject to the following paragraphs of this regulation–
a
the appropriate Minister; and
b
the local authority (in the latter case to act in relation to that authority),
may appoint any person to be an authorised officer for the purposes of these Regulations, and may suspend or revoke such an appointment if it appears to that Minister or, in the case of an officer appointed by a local authority, to that local authority, that the person so appointed is unfit or unable to carry out the duties of an authorised officer.
2
Any appointment, suspension or revocation made pursuant to paragraph (1) above shall be in writing.
3
Any person appointed by the Minister to be an inspector for the purposes of the Animal Health Act 1981 shall be deemed to have been separately appointed by each of the Ministers of the Crown specified in the definition of “the appropriate Minister” in paragraph (1) of regulation 2 above to be an authorised officer under paragraph (1) above.
4
Any person appointed by the appropriate Minister to be an inspector for the purposes of the Animal Health Act 1981 shall be deemed to have been appointed by that Minister to be an authorised officer under paragraph (1) above.
5
Any person appointed by a local authority to be an inspector for the purposes of the Animal Health Act 1981 shall be deemed to be a person appointed by that local authority to be an authorised officer under paragraph (1) above.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
17th March 1999
Calum MacDonald
Parliamentary Under Secretary of State, Scottish Office
17th March 1999


text:
1
This Order may be cited as the East Durham Community College (Dissolution) Order 1999, and shall come into force on 1st June 1999.
2
On 1st June 1999 the corporation shall be dissolved and all of its property, rights and liabilities shall be transferred to East Durham and Houghall Community College.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the corporation immediately before 1st June 1999 as if the references in that section–
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st June 1999;
c
to the transferor were to the corporation; and
d
to the corporation were to East Durham and Houghall Community College.
Tessa Blackstone
Minister of State,
Department for Education and Employment
29th April 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Chester-le-Street (Electoral Changes) Order 1999.
2
This Order shall come into force–
a
for the purpose of proceedings preliminary or relating to elections to be held on 1st May 2003, on 10th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order–
“district” means the district of Chester-le-Street;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the District of Chester-le-Street (Electoral Changes) Order 1999”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of Chester-le-Street
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into sixteen wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that 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 Edmondsley
3
The parish of Edmondsley shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Kimblesworth and Plawsworth
4
1
The existing wards of the parish of Kimblesworth and Plawsworth shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Kimblesworth, Plawsworth and West Nettlesworth; and the wards shall comprise the areas designated on sheet 3 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each of the Kimblesworth and West Nettlesworth parish wards shall be two and for the Plawsworth parish ward shall be seven.
Wards of the parish of Little Lumley
5
The parish of Little Lumley shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Pelton
6
1
The existing wards of the parish of Pelton shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 4; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Urpeth
7
1
The parish of Urpeth shall be divided into three parish wards which shall bear the names Pelton Lane Ends, Urpeth and West Pelton; and the wards shall comprise the areas designated on sheet 4 by reference to the name of the ward and demarcated by orange lines.
2
The number of councillors to be elected for each of the Pelton Lane Ends and West Pelton parish wards shall be one and for the Urpeth parish ward shall be nine.
Revocation
8
The District of Chester-le-Street (Electoral Arrangements) Order 1976 is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
7th September 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as The North Staffordshire Combined Healthcare National Health Service Trust (Establishment) Amendment Order 1999 and shall come into force on 17th March 1999.
2
In this Order, “the Establishment Order ” means The North Staffordshire Combined Healthcare National Health Service Trust (Establishment) Order 1993 .
Amendment of Order
2
In article 3(2)(b) of the Establishment Order (functions of the trust), for the words “and at Hilton Road site” there are substituted the words “land at Hilton Road”.
Signed by authority of the Secretary of State for Health.
John Denham
Minister of State,
Department of Health
5th March 1999