text:
1
1
This Order may be cited as the Police Act 1996 (Commencement and Transitional Provisions) Order 1999 and shall come into force on 31st March 1999.
2
This Order extends to England and Wales only.
2
Subject to article 3 below, 1st April 1999 is hereby appointed for the purposes of–
a
the coming into force of the provisions of the Police Act 1996 specified in section 104(2) of that Act; and
b
paragraph 11 of Schedule 8 to the Police Act 1996 (modification of enactments pending commencement of new discipline procedures).
3
1
Until the coming into force of regulations made under section 75(4) or, as the case may be, (5) of the Police Act 1996, each of those subsections shall have effect as if the words “, in such cases as may be prescribed by regulations made by the Secretary of State,” were omitted.
2
Notwithstanding anything in paragraph 1 of Schedule 8 to the Police Act 1996, section 85 of that Act shall not have effect in relation to any decision taken in proceedings under regulations in force immediately before the date specified in article 2 above.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
3rd March 1999


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Police (Health and Safety) Regulations 1999 and shall come into force on 14th Apri1 1999.
Amendment to the meaning of “employee” and “at work” in regulations made under Part I of the Health and Safety at Work etc. Act 1974
2
For the purposes of regulations made under Part I of the 1974 Act before the coming into force of the Police (Health and Safety) Act 1997–
a
a person who, otherwise than under a contract of employment, holds the office of constable or an appointment as police cadet shall be treated as an employee of the relevant officer referred to in section 51A of the 1974 Act; and
b
a person holding the office of constable shall be treated as at work throughout the time when he is on duty but not otherwise,
and any reference to an “employee” and “at work” in those regulations shall have effect accordingly.
Amendments to the Safety Representatives and Safety Committees Regulations 1977
3
1
The Safety Representatives and Safety Committees Regulations 1977 shall be amended in accordance with paragraphs (2) to (6) of this regulation.
2
In paragraph (1) of regulation 2, in the definition of “recognised trade union”, before the words “means an independent trade union” the words “subject to regulation 2A” shall be inserted.
3
After regulation 2, the following regulation shall be inserted–
Bodies to be treated as recognised trade unions
2A
In relation to each of the undertakings listed in column 1 of Schedule 1, each of the bodies specified in the corresponding entries in column 2 shall be treated as a recognised trade union, recognised by the person specified in the corresponding entry in column 3.
.
4
In paragraph (2) of regulation 4, the words “Schedule 2” shall be substituted for the words “the Schedule”.
5
There shall be inserted as Schedule 1 the contents of the Schedule to these Regulations.
6
The Schedule shall be numbered Schedule 2.
Amendments to the Personal Protective Equipment at Work Regulations 1992
4
1
The Personal Protective Equipment at Work Regulations 1992 shall be amended in accordance with paragraphs (2) and (3) of this regulation.
2
In paragraph (1) of regulation 4, before the words “Every employer”, there shall be inserted the words “Subject to paragraph (1A),”.
3
After paragraph (1), there shall be added the following paragraph–
1A
Where the characteristics of any policing activity are such that compliance by the relevant officer with the requirement in paragraph (1) would lead to an inevitable conflict with the exercise of police powers or performance of police duties, that requirement shall be complied with so far as is reasonably practicable.
.
Amendment to the Provision and Use of Work Equipment Regulations 1998
5
1
For paragraph (4) of regulation 4 of the Provision and Use of Work Equipment Regulations 1998 there shall be substituted the following paragraph–
4
In this regulation “suitable”–
a
subject to sub-paragraph (b), means suitable in any respect which it is reasonably foreseeable will affect the health or safety of any person;
b
in relation to–
i
an offensive weapon within the meaning of section 1(4) of the Prevention of Crime Act 1953 provided for use as self-defence or as deterrent equipment; and
ii
work equipment provided for use for arrest or restraint, by a person who holds the office of constable or an appointment as police cadet, means suitable in any respect which it is reasonably foreseeable will affect the health or safety of such person.
.
Signed by authority of the Secretary of State
Alan Meale
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
17th March 1999


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County Borough of Neath Port Talbot) Order 1999 and shall come into force on 1st June 1999.
Interpretation
2
In this Order–
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the County Borough of Neath Port Talbot.
Designation of permitted parking area and special parking area
3
The Secretary of State hereby designates the parking area as–
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
4
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
5
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State for Wales
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
5th May 1999


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Public Service Vehicles (Community Licences) Regulations 1999 and shall come into force for the purposes of regulations 2, 4 to 6 and 9 to 12 on 1st June 1999, and for all other purposes on 11th June 1999.
2
These Regulations shall not extend to Northern Ireland.
Purpose and interpretation
2
1
These Regulations implement Article 3a of the Council Regulation .
2
In these Regulations–
“the 1981 Act ” means the Public Passenger Vehicles Act 1981 ;
“the Council Regulation” means Council Regulation ( EEC ) No. 684/92 of 16 March 1992 on common rules for the international carriage of passengers by coach and bus , as amended by Council Regulation ( EC ) No. 11/98 of 11 December 1997 ;
“international operations”, “national operations”, “operating centre”, “ PSV operator’s licence”, “restricted licence”, “standard licence” and “traffic commissioner” have the meaning given to them by section 82(1) of the 1981 Act;
“operator” has the meaning given by section 81 of the 1981 Act;
“public service vehicle” has the meaning given by section 1 of the 1981 Act;
“traffic area” means a traffic area constituted for the purposes of the 1981 Act;
“Transport Tribunal” means the Transport Tribunal constituted as provided in Schedule 4 to the Transport Act 1985 ;
and subject thereto, expressions used which are also used in the Council Regulation have the meaning which they bear in that Regulation.
Use of public service vehicles without Community licence
3
A person who uses a vehicle in Great Britain in contravention of Article 3a(1) of the Council Regulation shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Competent authorities
4
The competent authority for the purposes of Article 3a of the Council Regulation and of these Regulations shall be, in relation to the operator of a public service vehicle who has an operating centre in a traffic area in Great Britain, the traffic commissioner for that area.
Entitlement to the issue of a Community licence
5
A person shall be entitled to be issued by the competent authority with a Community licence under Article 3a(2) of the Council Regulation if he holds a standard licence which authorises use on both national and international operations, or a restricted licence.
Rights of appeal
6
A person who–
a
is aggrieved by the refusal of the competent authority to issue a Community licence to him, or
b
being the holder of a Community licence, is aggrieved by the decision of the competent authority who issued it to withdraw it,
may appeal to the Transport Tribunal.
Effect of failure to comply with conditions governing use of Community licences
7
A person who uses a public service vehicle in Great Britain under a Community licence and, without reasonable excuse, fails to comply with any of the conditions governing the use of that licence under the Council Regulation, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Authorised inspecting officers
8
Authorised inspecting officers for the purposes of the Council Regulation shall be examiners appointed under section 66A(1) of the Road Traffic Act 1988 and police constables.
Return of documents
9
1
Where a Community licence is withdrawn by the competent authority in accordance with condition 5 of the model Community licence set out in the Annex to the Council Regulation, the holder of that licence shall within 7 days of such withdrawal return to the competent authority which issued it the original licence and all certified true copies of it.
2
The holder of a Community licence shall return to the competent authority which issued it such certified true copies of the licence as the authority may require pursuant to —
a
any decision of the authority to reduce the maximum number of vehicles (being vehicles having their operating centre in the area of that authority) which the holder is authorised, under section 16(1) of the 1981 Act, to use under the PSV operator’s licence held by him, or
b
any decision of the authority under the condition 5 referred to in paragraph (1) to suspend or withdraw certified true copies of the Community licence.
3
A person who, without reasonable excuse, fails to comply with any provision of paragraph (1) or (2) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Supply of information
10
1
The holder of a Community licence shall furnish such information as the competent authority which issued it may reasonably require from time to time to enable the authority to decide whether the holder is entitled to retain that licence.
2
A person who, without reasonable excuse, fails to supply any information required under paragraph (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Death, bankruptcy etc of holder of Community licence
11
Where a person is authorised to carry on the business of the holder of a PSV operator’s licence by virtue of an authorisation under section 57(4)(b) of the 1981 Act, such person shall be treated as the holder of any Community licence held by the holder of the PSV operator’s licence, for the same period as is specified in that authorisation.
Bodies corporate
12
1
Where an offence under these Regulations has been committed by a body corporate and it is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or 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
Where the affairs of a body corporate are managed by its members, paragraph (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
3
Where an offence under these Regulations has been committed by a Scottish partnership and it 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.
Modification of the Road Traffic (Foreign Vehicles) Act 1972
13
1
At the end of section 1(1)(a) of the Road Traffic (Foreign Vehicles) Act 1972 , there shall be added–
any functions of the authorised inspecting officer under a Community instrument specified in that column, or
2
At the end of Schedule 1 to that Act, there shall be added:
Article 3a(3) of Council Regulation (EEC) No 684/92 of 16 March 1992 on common rules for the international carriage of passengers by coach and bus, as amended by Council Regulation (EC) No 11/98 of 11 December 1997. To require the production of a certain document which is required to be kept on board certain passenger vehicles.
3
At the end of Schedule 2 to that Act, there shall be added–
Regulations 3 and 7 of the Public Service Vehicles (Community Licences) Regulations 1999. To impose a penalty for contravention of certain requirements relating to international passenger services.
Signed by authority of the Secretary of State
Glenda Jackson.
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
10th May 1999


text:
1
This Order may be cited as the Public Telecommunication System Designation (Belgacom UK Limited) Order 1999 and shall come into force on 13th July 1999.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Michael Wills
Parliamentary Under Secretary of State for Small Firms, Trade and Industry,
Department of Trade and Industry
9th June 1999


text:
Citation, commencement and extent
1
1
This Order may be cited as the Housing (Right to Buy) (Priority of Charges) (England) Order 1999 and shall come into force on 16th November 1999.
2
This Order extends to England only.
Specified Bodies
2
The following bodies are hereby specified as approved lending institutions for the purposes of section 156 of the Housing Act 1985 (priority of charges) —
a
Mortgages 1 Limited — Company No. 3186649
b
Mortgages 2 Limited — Company No. 3587558
c
Mortgages 4 Limited — Company No. 3695068
Signed by authority of the Secretary of Statefor the Environment, Transport and the Regions
Nick Raynsford
Minister of State
Department of the Environment, Transport and the Regions
26th October 1999


text:
1
These Regulations may be cited as the National Crime Squad (Complaints) (Amendment) Regulations 1999 and shall come into force on 1st June 1999.
2
The National Crime Squad (Complaints) Regulations 1998 shall be amended in accordance with the following provisions of these Regulations.
3
In regulation 2–
a
after the words “In these Regulations” there shall be inserted “unless the context otherwise requires”;
b
in the definition of “complaint”, the words “, other than a police member engaged with the National Crime Squad on a period of temporary service under section 97 of the Police Act 1996,” shall be omitted;
c
in the definition of “disciplinary proceedings” at the end there shall be added the words “or, in the case of a seconded police member, section 50 of the Police Act 1996”;
d
after the definition of “disciplinary proceedings” there shall be inserted the following definition:
“interested party” means any person involved in the conduct which is the subject of the complaint or who otherwise has a direct interest in the investigation;
; and
e
for the definition of “police force” there shall be substituted the following definition:
“seconded police member” means a police member appointed under section 55(2)(b) of the 1997 Act.
.
4
1
In Part I, for the words “these Regulations” wherever they occur there shall be substituted “this Part of these Regulations”.
2
For regulation 10(4) there shall be substituted the following paragraph:
4
The PCA shall send to the NCS Service Authority–
a
a copy of every report made under subsection (4) of section 79 of the Police Act 1996, and
b
any statistical or any other general information which relates to the year dealt with by the report and which the PCA consider should be brought to the NCS Service Authority’s attention in connection with its functions under section 84 of the 1997 Act.
.
5
After Part II, there shall be inserted the following provisions:
PART III
PROCEDURE FOR HANDLING COMPLAINTS RELATING TO THE CONDUCT OF SECONDED POLICE MEMBERS OF THE NATIONAL CRIME SQUAD
Preliminary
18
Where a complaint regarding the conduct of a seconded police member of the National Crime Squad is submitted to the Director General, he shall take any steps that appear to him to be desirable for the purpose of obtaining or preserving evidence relating to the conduct complained of and shall record the complaint.
Investigation of complaint
19
1
After recording a complaint under regulation 18, the Director General shall consider whether the complaint is suitable for informal resolution and may appoint a member of the National Crime Squad to assist him.
2
A complaint is not suitable for informal resolution unless–
a
the member of the public concerned gives his consent, and
b
the Director General is satisfied that the conduct complained of, even if proved, would not justify criminal or disciplinary proceedings.
3
If it appears to the Director General that the complaint is suitable for informal resolution, he shall seek to resolve it informally and may appoint a member of the National Crime Squad to do so on his behalf.
4
If it appears to the Director General that the complaint is not suitable for informal resolution, he shall appoint a member of the National Crime Squad or a member of NCIS or of a police force to investigate it formally.
5
If, after attempts have been made to resolve a complaint informally, it appears to the Director General–
a
that informal resolution of the complaint is impossible, or
b
that the complaint is for any other reason not suitable for informal resolution,
he shall appoint a member of the National Crime Squad or a member of NCIS or of a police force to investigate it formally.
6
If the Director General requests the chief officer of a police force or the Director General of NCIS to provide a member of that force or, as the case may be, of NCIS for appointment under paragraph (4) or (5), the chief officer or Director General to whom the request is made shall comply with that request.
7
No member of the National Crime Squad or of NCIS or of a police force of a rank lower than inspector, or of a rank lower than that of the member whose conduct is the subject of the complaint, may be appointed under paragraph (4) or (5).
8
As soon as practicable after appointing an investigating officer under paragraph (4) or (5), the Director General shall ensure that the seconded police member whose conduct is the subject of the investigation is given written notice of the nature of the complaint and informed–
a
that he is not obliged to say anything concerning the matter, but that he may, if he so desires, make a written or oral statement concerning the matter to the investigating officer or to the Director General,
b
that if he makes such a statement it may be used in any subsequent disciplinary proceedings,
c
that he has the right to seek advice from his staff association, and
d
that he has the right to be accompanied by a member of the National Crime Squad or a member of NCIS or of a police force, who shall not be an interested party, to any meeting or interview.
9
Unless an investigation under this regulation is supervised by the PCA under regulation 22, the investigating officer shall submit his report on it to the Director General.
10
The Director General shall inform the chief officer of police with whose consent the member whose conduct is the subject of the complaint is engaged with the National Crime Squad–
a
of the appointment of an investigating officer under paragraph (4) or (5); and
b
of the outcome of the investigation.
References of complaints to the PCA
20
1
The Director General–
a
shall refer to the PCA–
i
any complaint regarding a seconded police member of the National Crime Squad alleging that the conduct complained of resulted in the death of, or serious injury to, some other person, and
ii
any complaint regarding a seconded police member of the National Crime Squad which is of the same description as a complaint specified in regulations made by the Secretary of State for the purposes of section 70 of the Police Act 1996, and
b
may refer to the PCA any complaint which is not required to be referred to them.
2
The PCA may require the submission to them for consideration of any complaint regarding the conduct of a seconded police member of the National Crime Squad not referred to them by the Director General; and the Director General shall comply with any such requirement not later than the end of the specified period.
3
For the purposes of paragraph (2) the specified period shall be the period which is specified in regulations made by the Secretary of State for the purpose of subsection (2) of section 70 of the Police Act 1996.
4
Where a complaint falls to be referred to the PCA under paragraph (1)(a), it shall be the duty of the Director General to refer it to them not later than the end of the period specified for the purpose of subsection (1) of section 70 of the Police Act 1996 in regulations made by the Secretary of State.
Reference of other matters to the PCA
21
1
The Director General may refer to the PCA any matter to which this regulation applies, if it appears to the Director General that the matter ought to be referred by reason–
a
of its gravity, or
b
of its exceptional circumstances.
2
This regulation applies to any matter which–
a
appears to the Director General to indicate that a seconded police member of the National Crime Squad may have committed a criminal offence or behaved in a manner which would justify disciplinary proceedings, and
b
is not the subject of a complaint.
Supervision of investigation by PCA
22
1
The PCA shall supervise the investigation of–
a
any complaint alleging that the conduct of a seconded police member of the National Crime Squad resulted in the death of, or serious injury to, some other person,
b
any other complaint which is of the same description as a complaint specified for the purposes of section 72 of the Police Act 1996 in regulations made by the Secretary of State under that Act, and
c
any complaint which is not within paragraph (a) or (b) and any matter referred to the PCA under regulation 21, if the PCA determine that it is desirable in the public interest that they should do so.
2
Where the PCA have made a determination under paragraph (1)(c), they shall notify it to the Director General.
3
Where an investigation is to be supervised by the PCA, they may require–
a
that no appointment is made under regulation 19(4) or (5) unless they have given notice to the Director General that they approve the person he proposes to appoint, or
b
if such an appointment has already been made and the PCA are not satisfied with the person appointed, that–
i
the Director General, as soon as reasonably practicable, appoint another member of the National Crime Squad or of NCIS or of a police force and notify the PCA that he proposes to appoint him, and
ii
the appointment is not made unless the PCA give notice to the Director General that they approve that person.
4
Where the Secretary of State, by regulations made under section 72(4) of the Police Act 1996, authorises the PCA to impose requirements as to a particular investigation additional to any requirement imposed by subsection (3) of that section then, in addition to any requirement imposed by paragraph (3) above, the PCA may impose the like additional requirements, subject to any restrictions or conditions specified in those regulations, in relation to any investigation under this Part of these Regulations.
5
A member of the National Crime Squad or of NCIS or of a police force shall comply with any requirement imposed upon him by virtue of the application of paragraph (4).
Reports on investigations etc.
23
1
At the end of an investigation which the PCA have supervised, the investigating officer shall–
a
submit a report on the investigation to the PCA, and
b
send a copy of the report to the Director General.
2
After consideration of a report submitted to them under paragraph (1) the PCA shall submit an appropriate statement to the Director General.
3
If it is practicable to do so, the PCA, when submitting the appropriate statement under paragraph (2), shall send a copy of it to the seconded police member of the National Crime Squad whose conduct has been investigated.
4
If–
a
the investigation related to a complaint, and
b
it is practicable to do so,
the PCA shall also send a copy of the appropriate statement to the person by or on behalf of whom the complaint was submitted.
5
The power to issue an appropriate statement includes power to issue separate statements in respect of the disciplinary and criminal aspects of the investigation.
6
No disciplinary proceedings shall be brought before the appropriate statement is submitted to the Director General.
7
Subject to paragraph (8), neither the Director General nor the Director of Public Prosecutions shall bring criminal proceedings before the appropriate statement is submitted to the Director General.
8
The restriction imposed by paragraph (7) does not apply if it appears to the Director of Public Prosecutions that there are exceptional circumstances which make it undesirable to wait for the submission of the appropriate statement.
9
In this regulation “appropriate statement” means a statement–
a
as to whether the investigation was or was not conducted to the PCA’s satisfaction,
b
specifying any respect in which it was not so conducted, and
c
dealing with any other matters which are matters of the kind provided for in regulations made under section 72 of the Police Act 1996 for the purposes of that section.
Steps to be taken after investigation
24
1
On receiving–
a
a report concerning the conduct of a seconded police member of the National Crime Squad which is submitted to him under regulation 19(9), or
b
a copy of a report concerning the conduct of such a member which is sent to him under regulation 23(1)(b),
the Director General shall determine whether the report indicates that a criminal offence may have been committed by a seconded police member of the National Crime Squad.
2
If the Director General determines that the report indicates that a criminal offence may have been committed by a seconded police member of the National Crime Squad, he shall send a copy of the report to the Director of Public Prosecutions.
3
After the Director of Public Prosecutions has dealt with the question of criminal proceedings, the Director General shall send the PCA a memorandum which–
a
is signed by the Director General,
b
states whether he considers that disciplinary proceedings should be brought in pursuance of section 97(6)(a) of the Police Act 1996 in respect of the conduct which was the subject of the investigation, and
c
if he does not consider that such proceedings should be brought, gives his reasons.
4
If the Director General considers that the report does not indicate that a criminal offence may have been committed by a seconded police member of the National Crime Squad, he shall send the PCA a memorandum to that effect which–
a
is signed by the Director General,
b
states whether he considers that disciplinary proceedings should be brought in pursuance of section 97(6)(a) of the Police Act 1996 in respect of the conduct which was the subject of the investigation, and
c
if he does not consider that such proceedings should be brought, gives his reasons.
5
Where the investigation–
a
related to conduct which was the subject of a complaint, and
b
was not supervised by the PCA,
the Director General shall, at the same time as he sends the PCA a memorandum under paragraph (3) or (4), send them a copy of the complaint, or of the record of the complaint, and a copy of the report of the investigation.
6
Where the Director General has sent a memorandum to the PCA under paragraph (3) or (4) which states that he considers that disciplinary proceedings should be brought–
a
he shall take steps to ensure that the temporary service with the National Crime Squad of the seconded police member whose conduct was the subject of the investigation is completed as soon as is practicable, and
b
he shall inform the chief officer of police with whose consent that member was engaged on such service that he considers that disciplinary proceedings should be brought in pursuance of section 97(6)(a) of the Police Act 1996 in respect of that member’s conduct.
Powers of PCA as to disciplinary proceedings
25
1
Where a memorandum under regulation 24 states that the Director General does not consider that disciplinary proceedings should be brought in pursuance of section 97(6)(a) of the Police Act 1996, the PCA may recommend him to take such steps as are referred to in paragraph (6)(a), and inform the chief officer of police in accordance with paragraph (6)(b), of that regulation.
2
If after the PCA have made a recommendation under this regulation and consulted the Director General he is still unwilling to proceed in accordance with regulation 24(6)(a) and (b), they may direct him to do so.
3
Where the PCA gives the Director General a direction under this regulation, they shall supply him with a written statement of their reasons for doing so.
4
Subject to paragraph (5), it shall be the duty of the Director General to comply with such a direction.
5
The PCA may withdraw a direction given under this regulation.
6
The Director General shall–
a
advise the PCA and the chief officer of police referred to in regulation 24(6)(b) of what action he has taken in response to a recommendation or direction under this regulation, and
b
supply the PCA with such other information as they may reasonably require for the purposes of discharging their functions under this regulation.
Reports by PCA
26
1
The PCA may make a report to the Secretary of State on any matters coming to their notice under these Regulations to which they consider that his attention should be drawn by reason of their gravity or of other exceptional circumstances.
2
The PCA shall send a copy of any report under paragraph (1) to the NCS Service Authority and the Director General.
3
The Secretary of State shall lay before Parliament a copy of every report received by him under this regulation and shall cause every such report to be published.
4
The PCA shall send to the NCS Service Authority–
a
a copy of every report made under subsection (4) of section 79 of the Police Act 1996, and
b
any statistical or other general information which relates to the year dealt with by the report and which the PCA consider should be brought to the NCS Service Authority’s attention in connection with its functions under section 84 of the 1997 Act.
Restriction on disclosure of information
27
1
No information received by the PCA in connection with any of their functions under this part of these Regulations shall be disclosed by any person who is or has been a member, officer or servant of the PCA except–
a
to the Secretary of State or to a member, officer or servant of the PCA or, so far as may be necessary for the proper discharge of the functions of the PCA, to other persons,
b
for the purposes of any criminal, civil or disciplinary proceedings, or
c
in the form of a summary or other general statement made by the PCA which does not identify the person from whom the information was received or any person to whom it relates.
2
Any person who discloses information in contravention of this regulation shall be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale.
Regulations
28
Where the Secretary of State makes regulations under section 81 of the Police Act 1996 as to the procedure to be followed under Chapter I of Part IV of that Act then the procedures provided for by those regulations shall be the procedures to be followed under this Part of these Regulations with the following modifications–
i
references to “appropriate authority” and “chief officer” shall be interpreted as references to the Director General;
ii
references to a “complaint” shall be interpreted as references to a complaint under this Part of these Regulations, and references to a complainant shall be construed accordingly;
iii
references to a “member of a police force” shall be interpreted as references to a seconded police member of the National Crime Squad;
iv
references to provisions of the Police Act 1996 shall be interpreted as references to the equivalent provisions in this Part of these Regulations.
Admissibility of statements in subsequent proceedings
29
1
Subject to paragraph (2), no statement made by a person for the purpose of the informal resolution of a complaint shall be admissible in any subsequent criminal, civil or disciplinary proceedings.
2
A statement is not rendered inadmissible by paragraph (1) if it consists of or includes an admission relating to a matter which does not fall to be resolved informally.
.
Paul Boateng
Minister of State
Home Office
29th April 1999


text:
1
This Order may be cited as the Road Traffic Offenders (Prescribed Devices) Order 1999 and shall come into force on 1st March 1999.
2
The following device is hereby prescribed for the purposes of section 20 of the Road Traffic Offenders Act 1988, that is to say, a device designed or adapted for recording a measurement of the speed of motor vehicles by–
a
capturing by means of unattended cameras images of the motor vehicle at each of two pre-determined positions on the road;
b
digitally recording each image and the time at which it is captured; and
c
calculating the average speed of the motor vehicle over the distance between the two positions mentioned in paragraph (a) above by reference to the times mentioned in paragraph (b) above.
Paul Boateng
Minister of State
Home Office
26th January 1999


text:
Citation, commencement and effect
1
These Regulations may be cited as the Insurance Companies (Capital Redemption Business) (Modification of the Corporation Tax Acts) Regulations 1999, shall come into force on 23rd March 1999 and shall have effect with respect to accounting periods of insurance companies ending on or after 1st July 1999.
Interpretation
2
In these Regulations–
“capital redemption business” means any capital redemption business within the meaning of section 458 of the Taxes Act other than business referred to in subsection (4) of that section;
“the life assurance provisions of the Corporation Tax Acts” shall be construed in accordance with section 458A(4) of the Taxes Act;
“the Taxes Act” means the Income and Corporation Taxes Act 1988.
Application of life assurance provisions of the Corporation Tax Acts to capital redemption business
3
The life assurance provisions of the Corporation Tax Acts specified in regulations 4 to 16 shall have effect in relation to any insurance company carrying on capital redemption business–
a
as if the company’s capital redemption business were life assurance business; and
b
as respects its capital redemption business, with the modifications provided for in those regulations.
Modifications of section 76 of the Taxes Act
4
1
Section 76 of the Taxes Act shall be modified as follows.
2
Subsection (5A) shall be omitted.
3
In subsection (6) the words from “or to any” to the end shall be omitted.
4
In subsection (8) the definition of “capital redemption business” shall be omitted.
Modifications of section 431 of the Taxes Act
5
1
Section 431 of the Taxes Act shall be modified as follows.
2
In subsection (2)–
a
after the definition of “basic life assurance and general annuity business” there shall be inserted the following definition–
“capital redemption business” has the same meaning as in section 458;
;
b
in the definition of “life assurance business” there shall be added at the end the words “and capital redemption business”.
Modification of section 431B of the Taxes Act
6
1
Section 431B of the Taxes Act shall be modified as follows.
2
In subsection (1) after the words “life assurance business” there shall be inserted the words “, other than its capital redemption business,”.
Modification of section 458 of the Taxes Act
7
1
Section 458 of the Taxes Act shall be modified as follows.
2
Subsections (1) and (2) shall be omitted.
Modification of Schedule 19AC to the Taxes Act
8
1
Schedule 19AC to the Taxes Act shall be modified as follows.
2
In paragraph 5(1), in paragraph (a) of the subsection (6A) notionally inserted in section 76 of the Taxes Act, the words “or capital redemption business” shall be omitted.
Modification of section 44 of the Finance Act 1989
9
1
Section 44 of the Finance Act 1989 shall be modified as follows.
2
After subsection (12) there shall be inserted the following subsection–
12A
In subsection (12) above “life assurance business” has the same meaning as in Chapter I of Part XII of the Taxes Act 1988.
Modification of section 82 of the Finance Act 1989
10
1
Section 82 of the Finance Act 1989 shall be modified as follows.
2
After subsection (8) there shall be added the following subsection–
9
In this section and in sections 83, 83AA , 85, 86, 88, 88A and 89, and in paragraph 1A(1) of Schedule 8A , “life assurance business” has the same meaning as in Chapter I of Part XII of the Taxes Act 1988.
Modification of section 213 of the Taxation of Chargeable Gains Act 1992
11
1
Section 213 of the Taxation of Chargeable Gains Act 1992 shall be modified as follows.
2
In subsection (1A) for the words from “which” to the end there shall be substituted the words “which are referable to basic life assurance and general annuity business”.
Modification of section 214 of the Taxation of Chargeable Gains Act 1992
12
1
Section 214 of the Taxation of Chargeable Gains Act 1992 shall be modified as follows.
2
In subsection (1)(c) (definition of “relevant linked liabilities”) after the words “general annuity business” there shall be inserted the words “, other than capital redemption business,”.
Modification of section 65 of the Finance ( No. 2) Act 1992
13
1
Section 65 of the Finance (No. 2) Act 1992 shall be modified as follows.
2
In subsection (3)(b) there shall be added at the end the words “and capital redemption business”.
Modification of Schedule 18 to the Finance Act 1994
14
1
Schedule 18 to the Finance Act 1994 shall be modified as follows.
2
In paragraph 1A(1) the words “or capital redemption business” shall be omitted.
Modifications of Schedule 11 to the Finance Act 1996
15
1
Schedule 11 to the Finance Act 1996 shall be modified as follows.
2
In paragraph 1(1)(a) and (2) the words “or capital redemption business”, in both places where they occur, shall be omitted.
3
In paragraph 2–
a
for sub-paragraph (1) there shall be substituted the following paragraph–
1
Where an insurance company carries on basic life assurance and general annuity business, a separate computation, using only the non-trading credits and non-trading debits referable to that business, shall be made for the purposes of this Chapter in relation to that business.
;
b
in sub-paragraph (3) for the words from “Where” to “capital redemption business,” there shall be substituted the words “Where an insurance company carries on life assurance business or any category of life assurance business,”.
4
In paragraph 4–
a
in sub-paragraph (1) for the words from “paragraph 2 above” to “capital redemption business,” there shall be substituted the words “paragraph 2 above for basic life assurance and general annuity business,”;
b
in sub-paragraph (2)(a) for the words “the relevant category of business” there shall be substituted the words “basic life assurance and general annuity business”;
c
in sub-paragraph (7) for the words “the relevant category of business” there shall be substituted the words “its basic life assurance and general annuity business”;
d
in sub-paragraph (10) for the words “the relevant category of business” there shall be substituted the words “basic life assurance and general annuity business”;
e
in sub-paragraph (16) the definition of “the relevant category of business” and the word “and” immediately preceding it shall be omitted.
5
In paragraph 6–
a
the definition of “capital redemption business” shall be omitted;
b
in the definition of “life assurance business” after the words “annuity business” there shall be inserted the words “or capital redemption business”.
Modification of paragraph 19 of Schedule 12 to the Finance Act 1997
16
1
Paragraph 19 of Schedule 12 to the Finance Act 1997 shall be modified as follows.
2
After sub-paragraph (4) there shall be added the following sub-paragraph–
5
In this paragraph “life assurance business” has the same meaning as in Chapter I of Part XII of the Taxes Act 1988.
Bob Ainsworth
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
1st March 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (Schedule 32 to the School Standards and Framework Act 1998) (England) Regulations 1999 and shall come into force on 1st April 1999.
2
In these Regulations —
“the 1996 Act ” means the Education Act 1996 ;
“the 1998 Act ” means the School Standards and Framework Act 1998;
“relevant school” means a school which immediately before 1st April 1999 —
was a grant-maintained or grant-maintained special school within the meaning of the 1996 Act; or
proposals for the establishment of which fell to be implemented in accordance with section 215 of that Act.
Grants in respect of planned expenditure
2
The Secretary of State may pay grants to local education authorities in England in respect of relevant expenditure incurred or to be incurred by them.
Relevant expenditure
3
In regulation 2 above “relevant expenditure” means the following expenditure (being expenditure arising out of an obligation incurred or a decision made before 1st April 1999) —
a
expenditure in relation to pupils admitted in September 1999 top the sixth form of a relevant school, where the Secretary of State’s approval of the proposals was for that sixth form to open in September 1998, or, in the case of Heathfield High School, Sandwell, in September 1997;
b
expenditure in relation to children aged three at a relevant school, where the Secretary of State’s approval to the admission of such pupils was given before 1st April 1999;
c
expenditure in relation to children aged four at a relevant school, where the governing body’s decision to admit four year olds, or to increase the number of four year olds admitted, or to lower the precise age at which four year olds were admitted, was taken at a time when the school was a grant-maintained or grant-maintained special school and before 1st April 1999;
d
planned expenditure in relation to a secondary school which is a relevant school in respect of the financial year beginning on 1st April 1999, where at the beginning of that financial year there were no county or voluntary secondary schools in the area of the authority;
e
expenditure in respect of a school referred to in paragraph (b) of the definition of “relevant school” in regulation 1(2) above which is incurred before that school first admits pupils.
Continued operation of GMS grants provision as regards England
4
The functions of the funding authority under sections 247 and 248 of the 1996 Act in relation to —
a
any payments of maintenance grant under section 244 of that Act in respect of any financial year beginning before 1st April 1999 ; and
b
any payments of capital or special purpose grants under section 245 or 246 of that Act made before that day,
shall be discharged instead by the Secretary of State as from that day.
5
1
Section 247 of the 1996 Act shall in that connection have effect as if —
a
in subsections (1) and (2)(b), in relation to requirements imposed on or after 1st April 1999, for references to “the funding authority” there were substituted references to “the Secretary of State”;
b
or subsection (3)(b) there were substituted —
b
may at any time be varied by the Secretary of State;
;
c
subsection (4) were omitted;
d
for subsection (5) there were substituted —
5
Requirements imposed under subsection (1) may at any time be waived or removed by the Secretary of State.
; and
e
in subsection (6) for “the funding authority” there were substituted in “the Secretary of State”.
2
Requirements imposed by the funding authority pursuant to section 247 of the 1996 Act shall have effect as if references to the funding authority were references to the Secretary of State.
3
In relation to requirements imposed on or after 1st April 1999, references in —
a
regulations 38(2), 41(2)(b), (3) and (4) of, and paragraph 4 of Schedule 4 to, the Education (Grant-maintained and Grant-maintained Special Schools) (Finance) Regulations 1998 ; and
b
regulations 26(2), 29(2)(b), (3) and (4) of, and paragraph 4 of Schedule 2 to, the Education (New Grant-maintained Schools) (Finance) Regulations 1998 , to “the funding authority” shall have effect as if they were references to “the Secretary of State”.
6
Section 248(3) and (4) of the 1996 Act shall have effect as if —
a
the references to “the funding authority” were references to “the Secretary of State”; and
b
the reference in subsection (4) to “them” were a reference to “him”.
Estelle Morris
Minister of State,
Department for Education and Employment
6th March 1999


text:
Citation and commencement
1
This order may be cited as the Newham Community Health Services National Health Service Trust (Establishment) Amendment Order 1999 and shall come into force on 1st July 1999.
Amendment of NHS trust Establishment Order
2
For article 3 of the Newham Community Health Services National Health Service Trust (Establishment) Order 1995 there shall be substituted the following:–
Nature and functions of the Trust
3
1
The trust is established for the purposes specified in section 5(1)(b) of the Act.
2
The trust’s functions shall be to provide and manage Trust Headquarters, Sydenham Buildings, Plaistow Hospital, Samson Street, London E13 9EH and the Mental Health Unit, Newham General Hospital site, Glen Road, Plaistow, London E13 8SL, and there to provide and manage hospital accommodation and services, and there and from there to provide and manage community health services.
.
Signed by authority of the Secretary of State for Health.
John Denham
Minister of State,
Department of Health
21st June 1999


text:
Citation and commencement
1
This Order may be cited as the Pembrokeshire (Llangwm and Hook Community) Order 1999.
2
1
5th March 1999 is hereby specified as the day on which this Order shall come into operation for any purposes set out in regulation 4(1) (coming into operation of Order) of the Regulations as modified by paragraph (3).
2
For all other purposes this Order shall come into operation on the appointed day.
3
In the said regulation 4(1), item (e) shall not apply to the constitution of any new community council.
Interpretation
3
In this Order–
“the appointed day” means 1st April 1999;
“the boundary map” means the map prepared by the Welsh Office and marked “Map of the Pembrokeshire (Llangwm and Hook Community) Order 1999”;
“the Regulations” means the Local Government Area Changes Regulations 1976 as amended by the Local Government Area Changes (Amendment) Regulations 1978 .
Changes in Community Areas
4
1
The part of the community of Llangwm and Hook which is shown cross-hatched in black on the boundary map shall be separated from that community and shall constitute a new community to be known as Hook.
2
The remainder of the community of Llangwm and Hook, being the area hatched in black on the boundary map, shall be known as Llangwm.
Community Council
5
1
The community wards of the community of Llangwm and Hook shall be abolished.
2
There shall be a community council for the new community of Hook.
3
As from the appointed day to 14th June 1999 any person in office immediately before the appointed day for the Hook ward or the Llangwm ward of the community of Llangwm and Hook shall be a councillor of the new community of Hook or the community of Llangwm respectively.
4
As from 14th June 1999 the number of councillors for the new community of Hook and the community of Llangwm shall be 8 in each case.
5
Community councillors for the new community of Hook and the community of Llangwm shall be elected on 10th June 1999. The persons elected shall come into office on 14th June 1999 and shall retire on the fourth day after the ordinary day of election of councillors in 2003.
6
The annual meeting of the community council for the new community of Hook shall be convened by the officer appointed by the County Council of Pembrokeshire for that purpose.
7
Regulation 8(1) (Councillors) of the Regulations shall not apply.
Electoral Division
6
The Llangwm electoral division shall comprise the communities of Freystrop, Hook and Llangwm which shall continue to have one councillor.
Petty Sessional Division
7
The Cleddau petty sessional division shall include the communities of Hook and Llangwm.
Expenses of New Community Council
8
1
In this article–
“the 1992 Act ” means the Local Government Finance Act 1992 ;
“the 1995 Regulations ” means the Local Authorities (Precepts) (Wales) Regulations 1995 ;
“the new communities” means the new community of Hook and the community of Llangwm;
“the prospective billing authority” means Pembrokeshire County Council;
“the relevant financial year” means the financial year beginning 1st April 1999.
2
Section 41 of the 1992 Act (issue of precepts by local precepting authorities) shall have effect–
a
in relation to the council of the new communities the prospective billing authority and the relevant financial year; and
b
as respects the period beginning on 1st March 1999 and ending immediately before the day on which there is issued by the council of the new community of Hook a precept for the relevant financial year,
with the substitution for subsection (3) of the following subsection–
3
In making calculations in accordance with section 32 above (originally or by way of substitute) the billing authority shall take into account for the purposes of its estimate under section 32(2)(a) above an amount equal to that specified in article 8(6) of the Pembrokeshire (Llangwm and Hook Community) Order 1999.
.
3
In relation to the councils for the new communities, the prospective billing authority and the relevant financial year–
a
section 32 of the 1992 Act (calculation of budget requirements by billing authorities) shall effect with the omission of subsection (6);
b
section 41(4) of the 1992 Act shall have effect with the substitution for the words “March in the financial year preceding that for which it is issued”, the words “October in the financial year for which it is issued”; and
c
The reference in section 54(4) of the 1992 Act (power to designate authorities) to a precept anticipated by a billing authority in pursuance of regulations under section 41 of the 1992 Act shall be construed as a reference to the amount specified in paragraph (6) of this article.
4
In relation to the amount taken into account for the purposes of section 32(2)(a) of the 1992 Act by virtue of paragraph (2) above, Chapter III of Part I of the 1992 Act (setting of council tax) shall have effects as if–
a
the amount were an item mentioned in section 35(1) of the 1992 Act (special items) which related to the new communities; and
b
the area of the prospective billing authority included the new communities.
5
The council of the new community of Hook shall make the calculations required by section 50 of the 1992 Act (calculation of budget requirement by local precepting authorities) for the relevant financial year so as to secure that the amount calculated as their budget requirement for that year does not exceed the amount specified in paragraph (6) below.
6
The amount specified in this paragraph in relation to the new community of Hook is two thousand five hundred pounds.
7
In relation to the councils for the new communities, the prospective billing authority and the relevant financial year, the 1995 Regulations shall have effect as if–
a
regulation 5 (information on schedules of payment); and
b
in subparagraphs (1), (2) and (3) of paragraph 8 of Part II of the Schedule (rules for determination of schedules in instalments) in each case the second “or” and the words following to the end of each sub-paragraph,
were omitted.
Local Acts, Orders and Byelaws
9
The existing community of Llangwm and Hook is specified in relation to regulation 4194) (Local Acts, Orders and Byelaws) of the Regulations and the new community of Hook and the community of Llangwm are hereby specified in relation to the said existing community.
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
3rd March 1999


text:
1
These Regulations may be cited as the Rules of the Air (Amendment) Regulations 1999 and shall come into force on 14th May 1999.
2
The Schedule to the Rules of the Air Regulations 1996 shall be amended as follows:
1
In rule 5(2)(c)(ii):
a
for “an exhibition of flying” there shall be substituted “a flying display”;
b
for “exhibition” there shall be substituted “display”;
c
in sub-paragraph (aa) for “the exhibition of flying” there shall be substituted “the flying display” and for “the organiser of the exhibition of flying” there shall be substituted “the flying display director”; and
d
in sub-paragraph (bb) for “display authorisation” there shall be substituted “pilot display authorisation”.
2
In rule 5(2)(c)(iii) for “an exhibition of flying” there shall be substituted “a flying display” and for “exhibition” there shall be substituted “display”.
3
In rule 20(2) for “flight information unit” there shall be substituted “flight information service unit”.
4
In rule 35, after “air traffic control unit” there shall be inserted “or an aerodrome flight information service unit”.
5
In rule 36(2) after “air traffic control unit” there shall be inserted “or aerodrome flight information service unit”.
6
In the Table at rule 39(1) in sub-paragraph (b) for “aerodrome flight information unit” in both column 1 and column 2 there shall be substituted “aerodrome flight information service unit”.
7
In rule 39(2) for “aerodrome flight information unit” on both occasions on which it occurs there shall be substituted “aerodrome flight information service unit”.
8
In rule 39(3) for “aerodrome flight information unit” there shall be substituted “aerodrome flight information service unit”.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Glenda Jackson
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
10th May 1999


text:
1
These Regulations may be cited as the Civil Aviation (Route Charges for Navigation Services) (Fourth Amendment) Regulations 1999 and shall come into force on 1st September 1999.
2
The Civil Aviation (Route Charges for Navigation Services) Regulations 1997 shall be amended as follows:
In column (3) of Schedule 2–
For the unit rate in euros for Austria of “54.36” there shall be substituted “75.24”.
For the unit rate in euros for Croatia of “47.69” there shall be substituted “58.33”.
For the unit rate in euros for the Former Yugoslav Republic of Macedonia of “50.38” there shall be substituted “58.50”.
For the unit rate in euros for Slovakia of “71.00” there shall be substituted “28.99”.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Gus Macdonald
Minister for Transport,
Department of the Environment, Transport and the Regions
10th August 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Birmingham Specialist Community Health National Health Service Trust (Establishment) Order 1999 and shall come into force on 1st January 2000.
2
In this Order, unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st January 2000;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Birmingham Specialist Community Health National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is hereby established an NHS trust which shall be called the Birmingham Specialist Community Health National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide, at or from Moseley Hall Hospital, Alcester Road, Moseley, Birmingham B13 8JK and associated premises, goods and the following services, namely–
a
community health services; and
b
hospital accommodation and services (including the management of teaching and research facilities)
for the purposes of the health service.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Significant teaching commitment
5
1
The trust is to be regarded as having a significant teaching commitment by virtue of paragraph 3(2)(a) of Schedule 2 to the Act.
2
One of the non-executive directors of the trust shall be appointed from the University of Birmingham.
Operational date and accounting date of the trust
6
1
The operational date of the trust shall be 1st April 2000.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
7
Between the establishment date and the operational date the trust shall have the functions–
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance by Health Authorities before operational date
8
1
The Birmingham Health Authority shall discharge the liabilities of the trust incurred during the period from and including the establishment date until the operational date that are of a description specified in paragraph (2) of this article.
2
The liabilities referred to in the preceding paragraph are–
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under-Secretary of State for Public Health,
Department of Health
22nd December 1999


text:
Title, commencement, extent and interpretation
1
1
These Regulations may be cited as the Animal Feedingstuffs from Belgium (Control) (England and Wales) (No. 2) Regulations 1999, shall come into force on 18th August 1999 and shall extend to England and Wales.
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Food Safety Act 1990 and any expressions used both in these Regulations and in the Act have the meaning they bear in the Act;
“controlled entity” means any creature, product or material which is excluded from the definition of “relevant animal or animal product” in the Order solely by reason that it is neither food nor a food source; and
“the Order” means the Food (Animals and Animal Products from Belgium) (Emergency Control) (England and Wales) (No. 2) Order 1999 and any expressions used both in these Regulations and in the Order have the meaning they bear in the Order.
Exemptions
2
1
Regulation 3 of these Regulations shall not apply to —
a
the importation of any controlled entity if, when imported, that controlled entity is accompanied by valid certification relating to it, as specified in paragraph (3) below;
b
any subsequent activity in relation to the controlled entity, if it can be proved by the person carrying out the activity that at the time of importation it was so accompanied; or
c
the return to Belgium, under cover of an official certificate in accordance with Article 5 of the Commission Decision, as read with Article 2 of the amending Commission Decision, of any controlled entity.
2
Regulation 5 of these Regulations shall not, save for sub-paragraphs (a) and (b) of paragraph (1) thereof, apply to any imported controlled entity which is accompanied by valid certification relating to it as specified in paragraph (3) below.
3
The certification to which paragraphs (1)(a) and (b) and (2) above apply is the certification which would have applied in relation to the controlled entity by virtue of Article 2 of the Order, had the Order extended to controlled entities.
Prohibitions and offence
3
1
Subject to paragraph (2) below —
a
no person shall sell any controlled entity which is not a live creature for the purpose of its being used to feed to an animal or in the manufacture of a product for such use;
b
no person shall possess, offer, expose, advertise, prepare, present, label, wrap, store or transport any such controlled entity for sale for that purpose;
c
no person shall consign, deliver or serve any such controlled entity by way of sale for that purpose;
d
no person shall derive material from any controlled entity for that purpose; and
e
no person shall import or export any controlled entity.
2
Paragraph (1) above shall not be taken to prohibit the bringing into England and Wales, from a member State, of any controlled entity in free circulation in that member State.
3
Any person who knowingly contravenes paragraph (1) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or imprisonment not exceeding three months.
Enforcement
4
1
These Regulations shall be enforced and executed by each relevant authority, namely the Minister of Agriculture, Fisheries and Food, the Secretary of State and each food authority and port health authority within its area or district, as appropriate.
2
For the purposes of the return to Belgium of any product as specified in regulation 2(1)(c) of these Regulations the competent authority for the purposes of the official certificate shall be the Minister of Agriculture, Fisheries and Food, the Secretary of State, any authorised officer of a food authority or any inspector appointed by such an authority, where it is also an authority with responsibilities under section 67 of the Agriculture Act 1970 .
3
An authorised officer of a relevant authority shall have the same powers of entry for the purposes of the exercise of that duty as are bestowed on an authorised officer of an enforcement authority by section 32 of the Act for purposes connected with the Act or regulations or orders under the Act and shall also have, in relation to any business producing material to feed to animals, the same power as an authorised officer of an enforcement authority has under that section in relation to a food business.
4
Each port health authority or food authority, as appropriate, shall give such assistance and information to the Minister of Agriculture, Fisheries and Food or the Secretary of State as he may request in connection with the implementation of the Commission Decision or the amending Commission Decision in relation to controlled entities.
Application and modification of various provisions of the Act
5
1
Section 9 of the Act (inspection and seizure of suspected food) shall apply for the purposes of these Regulations, subject to the following modifications —
a
the references in subsections (1) and (2) to “food authority” shall be construed as including reference to a port health authority, the Minister of Agriculture, Fisheries and Food and the Secretary of State;
b
subsections (1) and (2) shall extend to any creature, product or material which appears to an authorised officer to come within the definition of “controlled entity”;
c
subsections (3) to (9) shall apply —
i
to any creature, product or material falling within sub-paragraph (b) above as it applies to food which appears to an authorised officer to fail to comply with food safety requirements or to be likely to cause food poisoning or any disease communicable to human beings, and
ii
to any controlled entity as if it were food which failed to comply with food safety requirements,
save that each reference to human consumption shall be taken as a reference to animal consumption, that where a notice under subsection (3)(a)(i) is given in relation to a live creature, the notice is to relate to material which may come to be derived from the live creature, that subsection (6) thereof shall apply in relation to the destruction or disposal of a live creature so as to prevent any material which may come to be derived from it from being used for animal consumption and that a justice of the peace shall decline to condemn any creature, product or material falling within sub-paragraph (b) above under subsection (6) thereof if and only if it is proved to him that it does not comprise a controlled entity or is to be returned to Belgium as specified in regulation 2(1)(c) of these Regulations.
2
The following provisions of the Act shall apply, subject to paragraph (3) below, for the purposes of these Regulations and any reference in those provisions to the Act shall be construed for the purposes of these Regulations as a reference to these Regulations —
a
section 33 (obstruction etc. of officers);
b
section 35(1) (punishment of offences) in so far as it relates to offences under section 33 as applied by sub-paragraph (a) above; and
c
section 44 (protection of officers acting in good faith).
3
In section 44 of the Act the references to “food authority” shall be construed as including reference to a port health authority.
Revocation
6
The Animal Feedingstuffs from Belgium (Control) (England and Wales) Regulations 1999 are hereby revoked.
Joyce Quin
Minister of State, Ministry of Agriculture, Fisheries and Food
17th August 1999


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Employments) (Amendment) Regulations 1999 and shall come into force on 6th April 1999.
Interpretation
2
In these Regulations “the principal Regulations ” means the Income Tax (Employments) Regulations 1993 and “regulation” means a regulation of the principal Regulations.
Amendments to the principal Regulations
3
After regulation 46A there shall be inserted–
Termination payments and other benefits — information to be provided
46ZA
1
Not later than 92 days after the end of a year, being the year 1998/99 or any subsequent year, an employer or former employer shall furnish to the inspector or other officer of the Board in respect of each employee or former employee the information specified in paragraph (2) relating to any award consisting of payments combined with other benefits, or consisting solely of other benefits–
a
which were awarded in that year in connection with the termination of that person’s employment with him or any change in the duties of or emoluments from his employment with him,
b
which, when provided (whether in that year or a subsequent year), would constitute payments and other benefits received within the meaning of section 148 of the Taxes Act , and
c
whose total amount, when aggregated with other payments and benefits provided or to be provided (whether in that year or a subsequent year) in respect of the same person as mentioned in paragraph 7(2) of Schedule 11 to the Taxes Act, is estimated by the employer or former employer to exceed £30,000.
2
The information specified is–
a
the total amount of the payments and other benefits awarded, calculated as mentioned in paragraph (1)(c);
b
the total amount of the payments made in that year in connection with the award;
c
details of the non-cash benefits provided in that year in connection with the award, other than benefits previously contained in a return for that year under regulation 46 , and the total amount of the cash equivalents of those benefits (within the meaning of paragraph 12(2) of Schedule 11 to the Taxes Act);
d
the estimated total number of the years in which payments and other benefits are to be provided in connection with the award and, if the duration of any of those payments and other benefits is capable of being reduced in certain circumstances, details of those circumstances;
e
the estimated total amount of the payments to be made in subsequent years in connection with the award;
f
a description of each of the other benefits to be provided in subsequent years in connection with the award, and the terms of their provision.
3
In calculating the cash equivalents of non-cash benefits for the purposes of paragraphs (1) and (2), the employer or former employer–
a
shall not make–
i
any deduction or other adjustment which he is unable to show, by reference to information in his possession or otherwise available to him, is authorised or required by any of the provisions of Chapter II of Part V of the Taxes Act or by section 596B(1)(b) of that Act (“the relevant provisions”), or
ii
any deduction authorised by section 156(8) of that Act; but
b
subject to that, shall make all such deductions and other adjustments as may be authorised or required by the relevant provisions.
4
In calculating the total amount of payments and other benefits for the purposes of paragraphs (1)(c) and (2)(a), the employer or former employer–
a
shall have regard to the provisions of section 148 of, and Schedule 11 to, the Taxes Act,
b
shall take into account the matters referred to in paragraph (2)(d), (e) and (f), and
c
in valuing the amount of non-cash benefits for future years in connection with the award, shall assume that the provisions of the Taxes Act relating to those benefits will remain unchanged with respect to those years.
5
Paragraph (6) applies where–
a
information has not been furnished by the employer or former employer under paragraph (1) by the date referred to in that paragraph solely because either–
i
the total amount of payments and other benefits awarded in the year in respect of the employee or former employee is estimated in accordance with sub-paragraph (c) of that paragraph not to exceed £30,000, or
ii
the award made in the year consisted of payments only, and did not consist either of payments combined with other benefits or solely of other benefits, but
b
at some time after that date either–
i
there is a change in the amount of the payments awarded, or the nature and amounts of other benefits awarded, such that the total amount of those payments and other benefits is estimated in accordance with sub-paragraph (c) of paragraph (1) to exceed £30,000, or
ii
the nature of the award is changed so that it consists of payments combined with other benefits, or solely of other benefits.
6
Where this paragraph applies, the employer or former employer shall, not later than 92 days after the end of the year in which the change occurred, furnish to the inspector or other officer of the Board the information specified in paragraph (2) with respect to those payments and other benefits.
7
Not later than 92 days after the end of a year in which payments and other benefits to which paragraph (1) applies were awarded by an employer or former employer as mentioned in that paragraph or, as the case may be, not later than 92 days after the end of the year in which a change occurred as mentioned in paragraph (5)(b), the employer or former employer shall give to the employee or former employee in relation to whom the award was made a copy of the information specified in paragraph (2) relating to those payments and other benefits that was furnished to the inspector or other officer of the Board in accordance with paragraph (1) or, as the case may be, paragraph (6).
8
A copy of the information referred to in paragraph (7) shall be duly given to the person concerned if it is sent or delivered to, or left at, that person’s usual or last known address.
9
Where following the furnishing of information by an employer or former employer in accordance with paragraph (1) or (6), there is a material change in the amount of the payments awarded, or the nature and amounts of other benefits awarded, in relation to the employee or former employee, the employer or former employer shall, not later than 92 days after the end of the year in which the material change occurred, give details of the material change to the inspector or other officer of the Board.
10
Where the payments and other benefits aggregated in accordance with paragraph (1)(c) include payments and other benefits provided in respect of different employments with more than one employer, the employer or former employer by whom information is required to be furnished under paragraph (1), (6) or (9), or a copy of information is required to be given to the employee or former employee under paragraph (7), shall be the employer or the relevant former employer providing the greatest amount of payments and other benefits so aggregated.
11
Information required to be furnished by an employer or former employer to an inspector or other officer of the Board in accordance with paragraphs (1) and (2) may be so furnished after the award is made but prior to the end of the year in which the payments and benefits are awarded; and in such a case sub-paragraphs (b) and (c) of paragraph (2) shall have effect, so far as concerns the furnishing of information relating to that year, as if they required the amounts and benefits there specified to be estimated by the employer or former employer as accurately as possible.
12
In this regulation “employment” includes an office, and related expressions have a corresponding meaning.
S. C. T. Matheson
Tim Flesher
Two of the Commissioners of Inland Revenue
18th January 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Town and Country Planning (General Permitted Development) (Amendment) Order 1999, and shall come into force on 9th July 1999.
2
In this Order, “the 1995 Order ” means the Town and Country Planning (General Permitted Development) Order 1995 , and, except in article 6, any reference to Part 1, Part 24 or Part 25 is a reference to that numbered Part of Schedule 2 to the 1995 Order.
Changes to Part 1, Class H: The installation, alteration or replacement of a satellite antenna on a dwellinghouse or within the curtilage of a dwellinghouse
2
In Class H of Part 1, for paragraph H.1(d)(iii), substitute:
iii
on a wall or roof slope which fronts a highway;
iv
in the Broads, on a wall or roof slope which fronts a waterway.
.
Changes to Part 24: Development by telecommunications code system operators
3
In Class A of Part 24–
a
in paragraphs A.1(f)(ii) and A.1(g)(i), after “all of the dishes”, insert “on the building, structure or mast”;
b
in paragraph A.1(h), for the words “in the case of development of any article 1(5) land (other than the installation, alteration or replacement of one small antenna on a dwellinghouse or within the curtilage of a dwellinghouse),” substitute–
in the case of development (other than the installation, alteration or replacement of one small antenna on a dwellinghouse or within the curtilage of a dwellinghouse) of any article 1(5) land or of any land which is, or is within, a site of special scientific interest,
;
c
in paragraph A.1(k)(ii), for “it”, in each place where it occurs, substitute “the development”;
d
for paragraph A.1(k)(iii), substitute–
iii
on any article 1(5) land, or on any land which is, or is within, a site of special scientific interest, the development would exceed 2.5 cubic metres, unless the development is carried out in an emergency;
;
e
for paragraph A.2(2)(a), substitute–
a
if such development was carried out in an emergency on any article 1(5) land or on any land which is, or is within, a site of special scientific interest, at the expiry of the relevant period, or
f
in paragraph A.2(4)–
i
for the words preceding sub-paragraph A.2(4)(i), substitute–
4
Subject to paragraph (4A)(b), Class A development on–
a
article 1(5) land or land which is, or is within, a site of special scientific interest, or
b
any other land and consisting of the construction, installation, alteration or replacement of a mast on a building or structure, or of a public call box, or of radio equipment housing with a volume in excess of 2.5 cubic metres or of development ancillary to radio equipment housing–
is permitted subject, except in a case of emergency, to the following conditions–
;
ii
for sub-paragraph A.2(4)(iv) substitute–
the development shall not be begun before the occurrence of one of the following–
aa
the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required;
bb
where the local planning authority gives the applicant written notice that such prior approval is required, the giving of that approval to the applicant, in writing, within a period of 28 days beginning with the date on which they received his application;
cc
where the local planning authority gives the applicant written notice that such prior approval is required, the expiry of a period of 28 days beginning with the date on which the local planning authority received his application without the local planning authority notifying the applicant, in writing, that such approval is given or refused; or
dd
the expiry of a period of 28 days beginning with the date on which the local planning authority received the application without the local planning authority notifying the applicant, in writing, of their determination as to whether such prior approval is required;
;
g
after paragraph A.2(4), insert–
4A
Class A development consisting of:
a
the construction, installation, alteration or replacement of a mast (other than on a building or structure); or
b
such development carried out in conjunction with any development specified in paragraph A.2(4)(b)–
is permitted subject, except in a case of emergency, to the following conditions–
i
where the proposed development consists of the installation of a mast within 3 kilometres of the perimeter of an aerodrome, the developer shall notify the Civil Aviation Authority or the Secretary of State for Defence, as appropriate, of the proposal, before making the application required by sub-paragraph (iii);
ii
the developer shall display a site notice by site display on or near the land on which the proposed development is to be carried out, leaving the notice in position for a period of not less than 21 days beginning with the date on which the application required by sub-paragraph (iii) is made to the local planning authority (provided that, where the site notice is, without any fault or intention of the developer, removed, obscured or defaced before the end of the 21 day period, the developer shall be treated as having complied with the requirements of this sub-paragraph if he has taken reasonable steps for the protection of the notice and, if need be, its replacement);
iii
before beginning the development, the developer shall apply to the local planning authority for a determination as to whether the prior approval of the authority will be required to the siting and appearance of the development;
iv
the application shall be accompanied–
aa
by a written description of the proposed development and a plan indicating its proposed location together with any fee required to be paid; and
bb
where sub-paragraph (i) applies, by evidence that the Civil Aviation Authority or the Secretary of State for Defence, as the case may be, has been notified of the proposal; and
cc
a copy of the site notice displayed in accordance with sub-paragraph (ii), and a plan indicating where it is displayed;
v
the development shall not be begun before the occurrence of one of the following–
aa
the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required;
bb
where the local planning authority gives the applicant written notice that such prior approval is required, the giving of that approval to the applicant, in writing, within a period of 42 days beginning with the date on which they received his application;
cc
where the local planning authority gives the applicant written notice that such prior approval is required, the expiry of a period of 42 days beginning with the date on which the local planning authority received his application without the local planning authority notifying the applicant, in writing, that such approval is given or refused; or
dd
the expiry of a period of 42 days beginning with the date on which the local planning authority received the application without the local planning authority notifying the applicant in writing of their determination as to whether such prior approval is required;
vi
the development shall, except to the extent that the local planning authority otherwise agree in writing, be carried out–
aa
where prior approval has been given as mentioned in sub-paragraph (v)(bb), in accordance with the details approved;
bb
in any other case, in accordance with the details submitted with the application;
vii
the development shall be begun–
aa
where prior approval has been given as mentioned in sub-paragraph (v)(bb), not later than the expiration of five years beginning with the date on which approval was given;
bb
in any other case, not later than the expiration of five years beginning with the date on which the local planning authority were given the information referred to in sub-paragraph (iv).
.
h
in paragraph A.2(5), delete “on any article 1(5) land”;
i
in paragraph A.3, after the definition of “relevant period”, insert–
“site notice” means a notice signed and dated by or on behalf of the applicant and containing–
the name of the applicant;
the address or location of the proposed development;
a description of the proposed development (including its siting and appearance and the height of any mast);
a statement that the applicant has applied to the local planning authority for a determination as to whether the prior approval of the authority will be required to the siting and appearance of the development;
the name and address of the local planning authority;
a statement that the application shall be available for public inspection at the offices of the local planning authority during usual office hours;
a statement that any person who wishes to make representations about the siting and appearance of the proposed development may do so in writing to the local planning authority; and
the address to which such representations should be made and the date by which they should be made.
Part 25: Other telecommunications development
4
In Class B of Part 25–
a
for paragraph B.1(h), substitute–
h
it would consist of the installation of an antenna on a wall or roof slope which fronts a highway;
i
in the Broads, it would consist of the installation of an antenna on a wall or roof slope which fronts a waterway.
Transitional Provision
5
The amendments made to the 1995 Order by this Order shall not apply in relation to applications for a determination as to whether the prior approval of the local planning authority will be required to the siting and appearance of the development made before the coming into force of this Order.
Revocation: article 1(4) land
6
Article 1(4) of, and Part 1 of Schedule 1 to, the 1995 Order (land in listed counties in England and in specified counties in Wales) are hereby revoked.
Richard Caborn
Minister of State for the Environment, Transport and the Regions
8th June 1999
Jon Owen Jones
Parliamentary Under-Secretary of State, Welsh Office
9th June 1999


text:
1
These Regulations may be cited as the Value Added Tax (Amendment) (No.3) Regulations 1999 and shall come into force on 9th June 1999.
2
The Value Added Tax Regulations 1995 shall be amended by substituting for regulation 93 the following–
93
1
Where services, or services together with goods, are supplied in the course of the construction, alteration, demolition, repair or maintenance of a building or any civil engineering work under a contract which provides for payment for such supplies to be made periodically or from time to time, those services or goods and services shall be treated as separately and successively supplied at the earliest of the following times–
a
each time that a payment is received by the supplier,
b
each time that the supplier issues a VAT invoice, or
c
where the services are services to which paragraph (2) below applies, to the extent that they have not already been treated as supplied by virtue of sub-paragraphs (a) and (b) above–
i
if the services were performed on or after 9th December 1997 and before 9th June 1999, the day which falls eighteen months after the date on which those services were performed, or
ii
if the services are performed on or after 9th June 1999, the day on which the services are performed.
2
This paragraph applies if, at the time the services were, or as the case may require, are performed–
a
it was, or as the case may require, is the intention or expectation of–
i
the supplier, or
ii
a person responsible for financing the supplier’s cost of supplying the services or services together with goods,
that relevant land would, or as the case may require, will become (whether immediately or eventually) exempt land or, as the case may be, continue (for a period at least) to be such land, or
b
the supplier had, or as the case may require, has received (and used in making his supply) any supply of services or of services together with goods the time of supply of which–
i
was, or
ii
but for the issue by the supplier of those services or services together with goods of a VAT invoice (other than one which has been paid in full), would have been,
determined by virtue of paragraph (1)(c) above.
3
For the purposes of this regulation “relevant land” is land on which the building or civil engineering work to which the construction services relate is, or as the case may be, was situated.
4
In this regulation references to a person’s being responsible for financing the supplier’s cost of supplying the services or goods and services are references to his being a person who, with the intention or in the expectation that relevant land will become, or continue (for a period at least) to be, exempt land–
a
has provided finance for the supplier’s cost of supplying the services or services together with goods, or
b
has entered into any agreement, arrangement or understanding (whether or not legally enforceable) to provide finance for the supplier’s cost of supplying the services or services together with goods.
5
In this regulation references to providing finance for the supplier’s cost of supplying services or services together with goods are references to doing any one or more of the following, that is to say–
a
directly or indirectly providing funds for meeting the whole or any part of the supplier’s cost of supplying the services or services together with goods,
b
directly or indirectly procuring the provision of such funds by another,
c
directly or indirectly providing funds for discharging, in whole or in part any liability that has been or may be incurred by any person for or in connection with the raising of funds to meet the supplier’s cost of supplying the services or services together with goods,
d
directly or indirectly procuring that any such liability is or will be discharged, in whole or in part, by another.
6
The references in paragraph (5) above to the provision of funds for a purpose referred to in that paragraph include references to–
a
the making of a loan of funds that are or are to be used for that purpose,
b
the provision of any guarantee or other security in relation to such a loan,
c
the provision of any of the consideration for the issue of any shares or other securities issued wholly or partly for raising those funds, or
d
any other transfer of assets or value as a consequence of which any of those funds are made available for that purpose,
but do not include references to funds made available to the supplier by paying to him the whole or any part of the consideration payable for the supply of the services or services together with goods.
7
In this regulation references to the supplier’s cost of supplying the services or services together with goods are to–
a
amounts payable by the supplier for supplies to him of services or of goods used or to be used by him in making the supply of services or of services together with goods, and
b
the supplier’s staff and other internal costs of making the supply of services or of services together with goods.
8
For the purposes of this regulation relevant land is exempt land if–
a
the supplier,
b
a person responsible for financing the supplier’s cost of supplying the services or goods and services, or
c
a person connected with the supplier or with a person responsible for financing the supplier’s cost of supplying the services or goods and services,
is in occupation of the land without being in occupation of it wholly or mainly for eligible purposes.
9
For the purposes of this regulation, but subject to paragraphs (11) and (13) below, a person’s occupation at any time of any land is not capable of being occupation for eligible purposes unless he is a taxable person at that time.
10
Subject to paragraphs (11) and (13) below, a taxable person in occupation of any land shall be taken for the purposes of this regulation to be in occupation of that land for eligible purposes to the extent only that his occupation of that land is for the purpose of making supplies which–
a
are or are to be made in the course or furtherance of a business carried on by him, and
b
are supplies of such a description that any input tax of his which was wholly attributable to those supplies would be input tax for which he would be entitled to credit.
11
For the purposes of this regulation–
a
occupation of land by a body to which section 33 of the Act applies is occupation of the land for eligible purposes to the extent that the body occupies the land for purposes other than those of a business carried on by that body, and
b
any occupation of land by a government department (within the meaning of section 41 of the Act) is occupation of the land for eligible purposes.
12
For the purposes of this regulation, where land of which a person is in occupation–
a
is being held by that person in order to be put to use by him for particular purposes, and
b
is not land of which he is in occupation for any other purpose,
that person shall be deemed, for so long as the conditions in sub-paragraphs (a) and (b) above are satisfied, to be in occupation of the land for the purposes for which he proposes to use it.
13
Paragraphs (9) to (12) above shall have effect where land is in the occupation of a person who–
a
is not a taxable person, but
b
is a person whose supplies are treated for the purposes of the Act as supplies made by another person who is a taxable person,
as if the person in occupation of the land and that other person were a single taxable person.
14
For the purposes of this regulation a person shall be taken to be in occupation of any land whether he occupies it alone or together with one or more other persons and whether he occupies all of that land or only part of it.
15
For the purposes of this regulation, any question as to whether one person is connected with another shall be determined in accordance with section 839 of the Taxes Act .
.
D. J. Howard
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London,
SE1 9PJ
18th May 1999