text:
Citation, commencement, extent and application
1
1
These Regulations may be cited as the Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 1999 and shall come into force on 15th July 1999.
2
These Regulations do not extend to Northern Ireland.
3
These Regulations apply to pipe-line works which fall within the class of development described as permitted development in Class F(a) of Part 17 of Schedule 2 to the 1995 Order or specified in Class 39(1)(a) of Part 13 of Schedule 1 to the 1992 Order , as appropriate, but do not apply to any such pipe-line works–
a
which were commenced by a public gas transporter or for the execution of which a public gas transporter invited tenders, before the date on which these Regulations come into force;
b
to the extent specified by regulations 4 (pipe-line works subject to planning permission in England and Wales) and 5 (pipe-line works subject to planning permission in Scotland) below.
Interpretation
2
1
In these Regulations–
“the 1986 Act ” means the Gas Act 1986 ;
“the 1988 Scottish EIA Regulations ” means the Environmental Assessment (Scotland) Regulations 1988 ;
“the 1992 Order” means the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 ;
“the 1995 Order” means the Town and Country Planning (General Permitted Development) Order 1995 ;
“the 1999 EIA Regulations ” means the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 ;
“appropriate local planning authority” has the same meaning as in article 4(6) of the 1995 Order ;
“appropriate particulars” means, in relation to a request for an environmental determination or a request under regulation 7(1) below (pre-application opinion on content of environmental statement),–
a plan sufficient to identify the proposed pipe-line works and the land in which the proposed pipe-line works would be carried out; and
a brief description of the nature and purpose of the proposed pipe-line works and what the public gas transporter considers to be likely to be their main effects on the environment;
“authorised area”, in relation to a public gas transporter, means so much of any area specified in the licence granted to the transporter concerned under section 7 of the 1986 Act or an extension of such licence as is not specified in a subsequent licence or extension granted under that section to another person;
“construction”, in relation to a pipe-line, includes placing and cognate expressions shall be construed accordingly;
“the consultation bodies”, in relation to proposed pipe-line works, means–
the relevant planning authority;
in the case of proposed pipe-line works in England, the Countryside Commission , the Nature Conservancy Council for England and the Environment Agency ;
in the case of proposed pipe-line works in Scotland, Scottish Natural Heritage and the Scottish Environment Protection Agency ;
in the case of proposed pipe-line works in Wales, the Countryside Council for Wales and the Environment Agency;
“distribution main”, in relation to a public gas transporter, means any main of the transporter through which the transporter is for the time being distributing gas and which is not being used only for the purpose of conveying gas in bulk;
“ EEA State” means a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;
“effect” includes, except where the context otherwise requires, any direct, indirect, secondary, cumulative, short, medium or long-term, permanent or temporary, or positive or negative effect;
“ EIA development” means pipe-line works which are likely to have significant effects on the environment by virtue of factors such as their nature, size or location;
“emergency works” means any works whose execution at the time when they are executed is required in order to put an end to, or to prevent the occurrence of, circumstances then existing or imminent which are likely to cause danger to persons or property;
“environmental determination”, in relation to any proposed pipe-line works, means a determination by the Secretary of State as to whether the proposed works are EIA development;
“environmental statement” means a statement prepared in respect of proposed pipe-line works which includes–
such information of the descriptions referred to in Schedule 1 to these Regulations as is relevant, taking into account the specific characteristics of the pipe-line works or type of pipe-line works proposed and the environmental features likely to be affected, and which the public gas transporter can, having regard in particular to current knowledge and methods of assessment, reasonably be required to compile, and
in every case, the following–
a description of the pipe-line works proposed, comprising information about the route, the design and size of the pipe-line works;
a description of the measures envisaged in order to prevent, reduce and, if possible, offset significant adverse effects;
the data required to identify and assess the main effects which the pipe-line works are likely to have on the environment;
an outline of the main alternatives studied by the public gas transporter and an indication of the main reasons for choosing the pipe-line works proposed, taking into account the environmental effects;
a non-technical summary of the information provided under sub-sub-paragraphs (i) to (iv) above;
“gas” means–
any substance in a gaseous state which consists wholly or mainly of–
methane, ethane, propane, butane, hydrogen or carbon monoxide;
a mixture of two or more of those gases; or
a combustible mixture of one or more of those gases and air; and
any other substance in a gaseous state which is gaseous at a temperature of 15°C and a pressure of 1013.25 millibars and is specified in an order made by the Secretary of State under the 1986 Act ;
“in”, in a context referring to a pipe-line or works or operations in land, includes a reference to a pipe-line, works or operations under, over, across, along or upon it;
“local planning authority” means an authority which is a local planning authority for the purposes of the Town and Country Planning Act 1990 ;
“notice” means notice in writing and cognate expressions shall be construed accordingly;
“notice of preparation of environmental statement”, in relation to proposed pipe-line works, means a notice to the Secretary of State–
stating that the public gas transporter proposing to carry out the works in question will prepare and submit to the Secretary of State an environmental statement relating to those works;
including the information necessary to identify, or being accompanied by documents identifying, the proposed pipe-line works, the land in which the proposed pipe-line works would be carried out and the nature and purpose of the works; and
indicating the main environmental consequences to which the public gas transporter proposes to refer in his environmental statement.
“pipe-line” means a pipe-line, other than a small service pipe, within the meaning of section 65 of the Pipe-lines Act 1962 which is intended to convey gas;
“pipe-line works” means the carrying out of building, engineering or other operations in land for the construction of a pipe-line, not being emergency works;
“planning authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ;
“public gas transporter” means the holder of a licence under section 7(1) of the 1986 Act except where the holder is acting otherwise than for purposes connected with–
the carrying on of activities authorised by the licence;
the conveyance of gas through pipes which–
are situated in an authorised area of his; or
are situated in an area which was an authorised area of his, or an authorised area of a previous holder of the licence, and were so situated at a time when it was such an area; or
the conveyance through pipes of gas which is in the course of being conveyed to or from a country or territory outside Great Britain;
“register” means–
in relation to proposed pipe-line works in England and Wales, a register kept pursuant to section 69 (registers of applications etc.) of the Town and Country Planning Act 1990; and
in relation to proposed pipe-line works in Scotland, a register kept pursuant to section 36 (registers of applications etc.) of the Town and Country Planning (Scotland) Act 1997 ,
and in each case, “appropriate register” means the register on which particulars of a planning application for the relevant pipe-line works would fall to be placed in the event of such an application being made;
“relevant planning authority” means in the case of proposed pipe-line works the subject of–
a request for an environmental determination;
a notice of preparation of environmental statement; or
a direction by the Secretary of State pursuant to regulation 3(3) below (direction that an environmental statement is required),
as the case may be, each local planning authority or planning authority within whose area any of the works are proposed to be carried out;
“request for an environmental determination” means a request for an environmental determination which is made to the Secretary of State in writing and is accompanied by the appropriate particulars;
“selection criteria” means the criteria set out in Schedule 2 to these Regulations;
“sensitive area” means any of the following–
land notified under subsection (1) of section 28 (areas of special scientific interest) of the Wildlife and Countryside Act 1981 ;
an area to which paragraph (u)(ii) in the table in article 10 of the Town and Country Planning (General Development Procedure) Order 1995 applies;
land to which subsection (3) of section 29 (nature conservation orders) of the Wildlife and Countryside Act 1981 applies;
a National Park within the meaning of the National Parks and Access to the Countryside Act 1949 ;
the Broads ;
a property appearing on the World Heritage List kept under article 11(2) of the 1972 UNESCO Convention for the Protection of the World Cultural and National Heritage ;
a scheduled monument within the meaning of the Ancient Monuments and Archaeological Areas Act 1979 ;
an area of outstanding natural beauty designated as such by an order made under section 87 (designation of areas of outstanding natural beauty) of the National Parks and Access to the Countryside Act 1949 as confirmed by the Secretary of State;
a European site within the meaning of regulation 10 of the Conservation (Natural Habitats, etc.) Regulations 1994 ;
an area designated as a Natural Heritage Area by a direction made by the Secretary of State under section 6(2) of the Natural Heritage (Scotland) Act 1991 or as a National Scenic Area by a direction made by the Secretary of State under section 262C of the Town and County Planning (Scotland) Act 1972 ; and
a national nature reserve designated by Scottish Natural Heritage under section 35 of the Wildlife and Countryside Act 1981;
“small service pipe” means a pipe-line, other than a distribution main of a public gas transporter, not exceeding 500 metres in length which has a design operating pressure not exceeding 2 bar gauge and the purpose of which is the conveyance of gas from such a main to any premises, and includes part of any such pipe-line;
“working width” means in relation to a proposed pipe-line, the area occupied by apparatus, equipment, machinery, materials, plant, spoil heaps or other facilities or stores required for the construction or installation of the pipe-line.
2
References in these Regulations to proposed pipe-line works include, in the case of pipe-line works in respect of which the Secretary of State has made a direction under regulation 3(3) below (direction that an environmental statement is required) after the works in question have already been commenced, references to any pipe-line works necessary for the completion of those works.
Environmental statements
3
1
Subject to paragraph (5) and regulations 4 (pipe-line works subject to planning permission in England and Wales) and 5 (pipe-line works subject to planning permission in Scotland) below, where a public gas transporter proposes to carry out any pipe-line works of the kind described in Part 1 of Schedule 3 to these Regulations, he shall not commence such works without first giving the Secretary of State a notice of preparation of environmental statement.
2
Subject to paragraph (5) and regulations 4 and 5 below, where a public gas transporter proposes to carry out any pipe-line works of a kind described in Part 2 of Schedule 3 to these Regulations, he shall not commence such works unless either–
a
in response to a request from the public gas transporter, the Secretary of State has made an environmental determination and such determination has not at the time of commencement of such works ceased to have effect in accordance with regulation 6(8) below (determination to cease to have effect where works not commenced within 5 years), or
b
the public gas transporter has given the Secretary of State a notice of preparation of environmental statement.
3
Subject to paragraph (4) and regulations 4 and 5 below, in any case (other than in response to a request for an environmental determination) where it appears to the Secretary of State, having taken into account the selection criteria, that a public gas transporter proposes to carry out or is carrying out any pipe-line works which are EIA development, and the public gas transporter has not given a notice of preparation of environmental statement, the Secretary of State shall–
a
giving his reasons for his opinion, in writing direct the public gas transporter to prepare an environmental statement, and
b
send a copy of the direction to the relevant planning authority and to such other persons as he thinks fit, together with, where necessary, documents sufficient to identify the proposed pipe-line works and the land in which the proposed pipe-line works would be carried out.
4
Before making a direction pursuant to paragraph (3) above, the Secretary of State shall consult the public gas transporter who is proposing to carry out or is carrying out such works and such other persons as he thinks fit.
5
Where–
a
the Secretary of State determines in response to a request for an environmental determination that the pipe-line works in question are EIA development,
b
the Secretary of State directs that an environmental statement be prepared pursuant to paragraph (3) above, or
c
the public gas transporter gives the Secretary of State a notice of preparation of environmental statement,
the public gas transporter shall not commence or continue the pipe-line works in question without first making an application for and obtaining the consent of the Secretary of State under regulation 14 below (consent to pipe-line works) to the carrying out of those works.
6
An application under paragraph (5) above for the consent of the Secretary of State to the carrying out of proposed pipe-line works shall be made by letter addressed to the Secretary of State, shall be accompanied by a copy of the environmental statement and shall include, or be accompanied by documents containing, the following information–
a
the name and address of the public gas transporter;
b
the location of the proposed pipe-line works; and
c
a brief description of the nature and purpose of the proposed pipe-line works and of the main environmental consequences referred to in the environmental statement relating to the works.
Pipe-line works subject to planning permission in England and Wales
4
1
Regulation 3 above (environmental statements) shall not apply or, subject to paragraph (3) below, shall cease to apply, as the case may be, in respect of any pipe-line works in relation to which a direction has been given pursuant to article 4(1) of the 1995 Order that the planning permission granted by article 3 of that Order shall not apply.
2
A direction given by the appropriate local planning authority pursuant to article 4(1) of the 1995 Order which requires the approval of the Secretary of State under that Order shall not be treated for the purposes of this regulation as having been given until the date on which notice of such approval is served, or first published, as the case may be, by the authority in accordance with the provisions of article 5 of the 1995 Order.
3
Where, in relation to proposed pipe-line works, the Secretary of State makes an environmental determination or gives a direction pursuant to regulation 3(3) above (direction that an environmental statement is required) before the date on which a direction pursuant to article 4(1) of the 1995 Order is given, that determination or direction shall, notwithstanding any provisions to the contrary in the 1999 EIA Regulations,
a
be conclusive for the purposes of those Regulations of the question of whether the pipe-line works in question are, or are not, EIA development within the meaning of the 1999 EIA Regulations; and
b
be treated for the purposes of those Regulations as if it were a direction by the Secretary of State under regulation 6 of the 1999 EIA Regulations.
Pipe-line works subject to planning permission in Scotland
5
1
Regulation 3 above (environmental statements) shall not apply or, subject to paragraph (3) below, shall cease to apply, as the case may be, in respect of any pipe-line works in relation to which a direction has been given pursuant to article 4(1) of the 1992 Order that the planning permission granted by article 3 of that Order shall not apply.
2
A direction given by a planning authority pursuant to article 4(1) of the 1992 Order which requires the approval of the Secretary of State under that Order shall not be treated for the purposes of this regulation as having been given until the date on which notice of such approval is served, or first published, as the case may be, by the planning authority in accordance with the provisions of article 5 of the 1992 Order.
3
Where in relation to proposed pipe-line works the Secretary of State makes an environmental determination or gives a direction pursuant to regulation 3(3) above (direction that an environmental statement is required) before the date on which a direction pursuant to article 4(1) of the 1992 Order is given, that determination or direction shall, notwithstanding any provisions to the contrary in the 1988 Scottish EIA Regulations,
a
be conclusive for the purposes of those Regulations of the question of whether consideration of environmental information within the meaning of regulation 2 of those Regulations is required before planning permission for the pipe-line works in question could be granted; and
b
be treated for the purposes of these 1988 Scottish EIA Regulations as if it were a direction by the Secretary of State under regulation 9 of those Regulations.
Requests to the Secretary of State for an environmental determination
6
1
This regulation applies where a public gas transporter–
a
makes a request for an environmental determination as referred to in regulation 3(2)(a) above, or
b
proposes to carry out pipe-line works which are not of a kind described in either Part 1 or Part 2 of Schedule 3 to these Regulations, but nevertheless, before commencing such works, makes a request for an environmental determination.
2
The Secretary of State shall, subject to paragraph (4) below, having–
a
taken into account the selection criteria; and
b
consulted the relevant planning authority, unless the public gas transporter making the request has already conveyed the written views of the relevant planning authority concerned to the Secretary of State,
make such environmental determination as he thinks fit and send a copy to the public gas transporter who made the request.
3
The public gas transporter making the request shall supply the Secretary of State with such number of additional copies of the plan accompanying the request as the Secretary of State may reasonably require.
4
The Secretary of State on receiving a request for an environmental determination shall, if he considers that he has not been provided with sufficient information to enable him to make a determination or to consult in accordance with paragraph (2)(b) above, notify the public gas transporter making the request of the particular points on which he requires further information.
5
If the relevant planning authority wishes to give any views to the Secretary of State, it shall do so by a date no later than 4 weeks after the date on which it was consulted under paragraph (2)(b) above.
6
The Secretary of State shall make an environmental determination in response to a request for the same by a date no later than 4 weeks after whichever is the latest of–
a
the date of the receipt of the request by the Secretary of State;
b
the date of receipt by him of further information pursuant to a notice under paragraph (4) above; or
c
if the Secretary of State has consulted the relevant planning authority under paragraph (2)(b) above, the expiry of the period for the relevant planning authority to give its views to the Secretary of State in accordance with paragraph (5) above, or, if earlier, the date by which he has received the views of the relevant planning authority,
or by such later date as may be agreed in writing with the public gas transporter.
7
Where, in response to a request for an environmental determination, the Secretary of State determines that proposed pipe-line works are EIA development, he shall provide with the determination a written statement of the reasons for his determination.
8
A determination made by the Secretary of State in response to a request for an environmental determination that proposed pipe-line works are not EIA development shall cease to have effect after the expiration of 5 years from the date on which the determination is made, unless the pipe-line works to which it relates have been substantially begun before the expiration of that period.
9
Where the Secretary of State makes an environmental determination, he shall forthwith send a copy of the determination and the statement of reasons, if any, accompanying the determination to the relevant planning authority and to such other persons as he considers should receive a copy and shall also send a copy of the relevant request and the documents which accompanied it.
Pre-application requests to the Secretary of State for an opinion as to content of environmental statement
7
1
This regulation applies where a public gas transporter, either at the same time as making a request for an environmental determination or at any other time before applying to the Secretary of State for his consent to the carrying out of proposed pipe-line works, makes a request to the Secretary of State accompanied by the appropriate particulars for the Secretary of State’s opinion in writing as to the information to be provided in the environmental statement to be submitted by the public gas transporter to the Secretary of State under these Regulations.
2
Subject to paragraph (3) below, the Secretary of State shall give an opinion in response to a request under paragraph (1) above, having first–
a
taken into account–
i
the specific characteristics of the particular proposed pipe-line works;
ii
the specific characteristics of pipe-line works of the type concerned;
iii
the environmental features likely to be affected by the pipe-line works; and
iv
the extent to which the public gas transporter who made the request under paragraph (1) above may reasonably be required to compile the information, having regard, inter alia, to current knowledge and methods of assessment, and
b
consulted the public gas transporter who made the request and the consultation bodies.
3
The Secretary of State on receiving a request under paragraph (1) above shall, if he considers that he has not been provided with sufficient information to enable him to give an opinion on the questions raised or to consult in accordance with paragraph (2)(b) above, notify the public gas transporter making the request of the particular points on which he requires further information.
4
The public gas transporter making the request shall supply the Secretary of State with such number of additional copies of the plan accompanying the request as the Secretary of State may reasonably require.
5
If the public gas transporter and the consultation bodies wish to give any views to the Secretary of State, they shall do so by a date no later than 4 weeks after the date on which they were consulted under paragraph (2)(b) above.
6
The Secretary of State shall give an opinion in response to a request under paragraph (1) above no later than 4 weeks after whichever is the latest of–
a
the date of the receipt of the request by the Secretary of State;
b
the date of receipt by him of further information pursuant to a notice under paragraph (3) above; or
c
the expiry of the period for the public gas transporter and the consultation bodies to give their views to the Secretary of State in accordance with paragraph (5) above, or, if earlier, the date by which he has received the views of the public gas transporter and all the consultation bodies consulted under paragraph (2)(b) above,
or by such later date as may be agreed in writing with the public gas transporter.
7
Where the Secretary of State has given an opinion in response to a request under paragraph (1) above, he shall not be precluded from requiring of the public gas transporter to whom that opinion was given further information in connection with any environmental statement that may be submitted by the public gas transporter in connection with the same, or substantially the same, pipe-line works as were referred to in the request.
Availability of directions, determinations etc. for inspection
8
Where the Secretary of State sends a relevant planning authority a copy of a direction made pursuant to regulation 3(3) above or an environmental determination made pursuant to regulation 6(1) above, the relevant planning authority shall ensure that a copy of the determination or direction and the documents sent with it are as soon as reasonably practicable made available for public inspection at all reasonable hours at the place where the appropriate register (or relevant section of that register) is kept and that all such copies remain so available for a period of two years.
Provision of information
9
1
Where the Secretary of State determines in response to a request for an environmental determination that proposed pipe-line works are EIA development, receives a notice of preparation of environmental statement or directs that such a statement be prepared pursuant to regulation 3(3) above, he shall,
a
notify the consultation bodies of the name and address of the public gas transporter concerned and of the duty imposed on them by paragraph (2) below to make information available to the public gas transporter; and
b
inform the public gas transporter in writing of the names and addresses of the bodies so notified.
2
Subject to paragraph (3) below, any consultation body notified in accordance with paragraph (1) above that a public gas transporter is to submit an environmental statement shall, if so requested in writing by the public gas transporter, enter into consultation with the public gas transporter to determine whether the body has in its possession any information which it or the public gas transporter considers relevant to the preparation of an environmental statement and which, but for the provisions of this paragraph, could not readily be obtained by the public gas transporter, and if it has such information, the body shall make it available to the public gas transporter.
3
A reasonable charge reflecting the cost of making the relevant information available may be made by any body supplying it.
4
Nothing in this regulation shall require the disclosure of any information which is by virtue of any rule of the law of any part of Great Britain subject to any obligation of confidentiality.
Publicity for environmental statements
10
1
In any case where a public gas transporter has made an application to the Secretary of State for consent to the carrying out of proposed pipe-line works, accompanied by an environmental statement relating to those works, the following provisions of this regulation shall apply.
2
The public gas transporter shall serve on the consultation bodies,
a
a copy of the application for consent and the environmental statement; and
b
a notice stating that representations may be made to the Secretary of State by a date specified in the notice which shall be at least 28 days after the date on which the application and environmental statement were served on the body,
and he shall inform the Secretary of State in writing of the names and addresses of every such body on whom he has served copies, and the dates on which they were served, in each case no later than 7 days after the date of such service.
3
The public gas transporter shall publish in two successive weeks in one or more local newspapers circulating in each area in which the proposed pipe-line works would be carried out a notice stating–
a
his name and address and that he is an applicant for consent under these Regulations for proposed pipe-line works;
b
the location and the nature of the proposed pipe-line works;
c
that an environmental statement has been prepared and that a copy of it and of the application for consent may be inspected by members of the public at all reasonable hours;
d
the address of the relevant planning authority premises referred to in paragraph (6) below at which those documents may be inspected and the latest date (being a date not less than 28 days after the date on which the notice is to be last published, whether pursuant to this paragraph or paragraph (4) below) on which they will be available for inspection;
e
the address in Great Britain referred to in paragraph (5)(b) below at which copies of the application for consent and environmental statement may be obtained and that copies of the environmental statement may be obtained there and, subject to regulation 12 (charges) below, specifying the amount of any charge to be made for a copy of the statement; and
f
that any person wishing to make representations in relation to the application should make them in writing to the Secretary of State by the date stated in accordance with sub-paragraph (d) above and specifying the address to which any such representations should be sent.
4
The public gas transporter shall also publish a copy of the notice referred to in paragraph (3) above in the London or the Edinburgh Gazette, or in both of them, as appropriate, depending on the location of the proposed pipe-line works.
5
The public gas transporter shall–
a
at least 7 days before the date on which the notice referred to in paragraph (3) above is to be first published, whether pursuant to paragraph (3) or (4) above, supply free of charge to the relevant planning authority a copy of the application and environmental statement for the purposes of inspection by members of the public in accordance with paragraph (6) below and notify the authority of the intended date of first publication;
b
make available at an address in Great Britain enough copies of the environmental statement to be likely to satisfy all reasonable demands for copies pursuant to paragraph (3)(e) above; and
c
subject to sub-paragraph (b) above and to the receipt by the public gas transporter of any sum referred to in paragraph (3)(e) above, supply during the period referred to in paragraph (6) below to any person on request a copy of the environmental statement.
6
The relevant planning authority shall make available premises at which copies of the application for consent and the environmental statement may be inspected by members of the public free of charge at all reasonable hours for a period commencing on the date of first publication notified to it by the public gas transporter in accordance with paragraph (5)(a) above and expiring on the date stated in accordance with paragraph (3)(d) above.
7
The public gas transporter shall provide the Secretary of State with copies of each of the newspapers and Gazettes in which the notices referred to in paragraphs (3) and (4) above appeared in each case no later than 7 days after the date of publication of those newspapers or Gazettes.
Further information and evidence respecting environmental statements
11
1
Where the Secretary of State has been provided with an environmental statement he may in writing require the public gas transporter to provide in respect of such statement such further information as he may specify.
2
Where, in the opinion of the Secretary of State, any of the information provided pursuant to a requirement imposed under paragraph (1) above ought to have been included in the environmental statement in question, the Secretary of State shall notify the public gas transporter and the relevant planning authority in writing accordingly, specifying the information in question, and the provisions of paragraphs (3) to (7) below shall apply in respect of such information.
3
The public gas transporter shall serve a copy of the further information on the consultation bodies, together with a notice referring to the material previously served on that body and stating that further representations may be made in writing to the Secretary of State by a date specified in the notice which shall be at least 28 days after the date on which the further information and notice were served on the body and the public gas transporter shall inform the Secretary of State in writing of the names and addresses of every such body on whom he has served those documents, and the dates on which they were served.
4
The public gas transporter and the relevant planning authority shall make available to the public copies of the application for consent, the environmental statement and the further information in the same way as they each previously made available the application and the environmental statement for the period commencing on the date of first publication of the notice referred to in paragraph (5) below and expiring on a date not less than 28 days after the date on which the notice is to be last published, in each case whether pursuant to paragraph (5) or (6) below.
5
The public gas transporter shall publish in two successive weeks in one or more local newspapers circulating in each area in which the proposed pipe-line works would be carried out a notice–
a
referring to the previous notice in respect of the application and environmental statement and stating that further information is available supplementing the environmental statement which has already been provided;
b
stating that a copy of the application, environmental statement and further information may be inspected by members of the public at all reasonable hours;
c
giving the address at which copies of those documents may be inspected and the latest date (being a date not less than 28 days after the date on which the notice is to be last published, whether pursuant to this paragraph or paragraph (6) below) on which they will be available for inspection;
d
giving the address at which copies of the environmental statement and further information may be obtained and stating that copies of those documents may be obtained there and, subject to regulation 12 (charges) below, specifying the amount of any charge to be made for a copy of the statement or information; and
e
stating that any person wishing to make representations about the application should make them in writing to the Secretary of State by a date not less than 28 days after the date on which the notice is to be last published, whether pursuant to this paragraph or paragraph (6) below and specifying the address to which any such representations should be sent.
6
The public gas transporter shall also publish a copy of the notice referred to in paragraph (5) above in the London or the Edinburgh Gazette, or in both of them, as appropriate, depending on the location of the proposed pipe-line works.
7
The public gas transporter shall provide the Secretary of State with copies of each of the newspapers and Gazettes in which the notices referred to in paragraphs (5) and (6) above appeared in each case no later than 7 days after the date of publication of those newspapers and Gazettes.
8
The Secretary of State may in writing require a public gas transporter to produce such evidence as he may reasonably require in support of anything contained in the public gas transporter’s environmental statement.
Charges
12
A public gas transporter may make–
a
the supply to a member of the public of a copy of an environmental statement or any further information in accordance with regulations 10 (publicity for environmental statements) and 11 (further information and evidence respecting environmental statements) above; and
b
the supply to the consultation bodies of any copy, in excess of one, of an environmental statement or any further information in accordance with regulations 10(2) or 11(3) above,
conditional on the receipt by the public gas transporter, in relation to each supply, of a reasonable sum (in case of dispute, to be determined by the Secretary of State) calculated by reference to the cost of printing and distributing copies of the statement or further information, as the case may be.
Projects affecting other States
13
1
Where in the case of any pipe-line works proposed to be carried out in Great Britain the Secretary of State determines in response to a request for an environmental determination that proposed pipe-line works are EIA development, or receives a notice of preparation of environmental statement or directs that an environmental statement be prepared pursuant to regulation 3(3) above and–
a
it appears to the Secretary of State that such works are likely to have significant effects on the environment of another member State; or
b
another member State which considers its environment is likely to be significantly affected by such works so requests,
the Secretary of State shall send the member State in question as soon as possible and no later than the date on which the environmental statement in respect of the proposed pipe-line works is made available to the public (except in a case where a request is made by a member State after that date)–
i
a description of the proposed pipe-line works, together with any available information on the possible significant effects of the proposed pipe-line works on the environment of the other member State; and
ii
a notice explaining the nature of the decision to be taken as to whether or not to grant consent for the carrying out of the proposed pipe-line works and informing the member State in question that it may within such reasonable period as may be specified in the notice request to participate in the procedure relating to the taking of the decision pursuant to these Regulations.
2
Where another member State requests to participate in the procedure under these Regulations in relation to particular proposed pipe-line works, the Secretary of State shall–
a
save to the extent that he has not already done so, send that member State–
i
a copy of the application for consent in respect of the proposed pipe-line works;
ii
the environmental statement in respect of the proposed pipe-line works; and
iii
to the extent that it is not included in the items referred to in sub-sub-paragraph (i) or (ii) above and subject to paragraph (4) below, any other available information which is relevant to the procedure under these Regulations; and
b
enter into consultations with the member State concerned, for such reasonable period as may have been agreed with that member State, regarding, inter alia, the possible significant effects of the proposed pipe-line works on the environment of that member State and the measures envisaged to reduce or eliminate such effects.
3
Where it appears to the Secretary of State that the carrying out of any proposed pipe-line works of the kind referred to in paragraph (1) above would be likely to have a significant effect on the environment of an EEA State other than a member State or such EEA State which considers that its environment is likely to be significantly affected by such works so requests, the Secretary of State shall send the State in question the environmental statement relating to the pipe-line works in question at the same time as it is made available to the public pursuant to these Regulations or where a request is made after the date on which the environmental statement is made available to the public, as soon as reasonably practicable after receipt of the request by the Secretary of State.
4
Nothing in this regulation shall require the disclosure by the Secretary of State of any information which is by virtue of any rule of the law of any part of Great Britain subject to any obligation of confidentiality.
5
Where the Secretary of State notifies a public gas transporter that the provisions of paragraph (1) or (3) of this regulation apply in respect of a particular application for consent under these Regulations, the public gas transporter, in any case where he has not already done so, shall not make available to the public in accordance with regulation 10 above (publicity for environmental statement) the items referred to in that regulation until the Secretary of State has notified the public gas transporter that he has sent to the EEA State concerned the information referred to either in paragraph (1)(i) and (ii) above or paragraph (3) above, as appropriate.
Consent to pipe-line works
14
1
In any case where a public gas transporter has made an application to the Secretary of State, accompanied by an environmental statement, for his consent to the carrying out of proposed pipe-line works, the Secretary of State–
a
being satisfied that the requirements of regulations 10 and 11 above (requirements as to consultation and publicity) have been substantially met; and
b
after considering–
i
the environmental statement;
ii
any information in respect of the proposed pipe-line works of the kind referred to in regulation 11(2) above (further information which ought to have been included in the environmental statement);
iii
any representations made by the consultation bodies in respect of the proposed pipe-line works; and
iv
any opinions expressed by the public; and
c
after having regard both to the effect of the proposed pipe-line works on the environment and to the desirability of those works being carried out in the interests of the development and maintenance of an efficient and economical system for the conveyance of gas as respects the public gas transporter’s authorised area,
may, subject to paragraph (2) below, consent to the carrying out of the proposed pipe-line works either unconditionally or subject to such conditions as he considers appropriate or refuse consent to such works and shall state in his decision that he has taken the matters mentioned in sub-paragraph (b) above into consideration.
2
In any case where another member State has, in relation to an application for consent for particular proposed pipe-line works, requested in accordance with regulation 13(2) above to participate in the procedure under these Regulations, the Secretary of State shall not grant any consent for such works pursuant to paragraph (1) above unless he–
a
is satisfied that the requirements of regulation 13(1) and (2) above (projects affecting other States) have been complied with;
b
has communicated to that member State the response that he proposes to make to the application for consent (including information as to any measures envisaged to reduce or eliminate any possible significant effects of the proposed pipe-line works on the environment of the other member State);
c
is satisfied that–
i
the member State concerned has been consulted regarding the proposed pipe-line works for such reasonable period as may have been agreed with such member State pursuant to regulation 13(2)(b) above and in particular that it has been afforded a reasonable opportunity to make representations regarding the pipe-line works in question and the proposed response referred to in sub-paragraph (b) above; and
ii
an opportunity has been afforded to the public in that member State and to those authorities which by reason of their particular environmental responsibilities in that member State are likely to be interested in the proposed pipe-line works to forward to the Secretary of State within a reasonable time representations regarding the information referred to in regulation 13(1) and (2)(a) above (information to be supplied to other member States); and
d
has taken into consideration any representations made by the member State, members of the public and authorities in that member State and any information regarding the proposed pipe-line works supplied by any of them.
3
Any consent given by the Secretary of State pursuant to paragraph (1) above to the carrying out of the proposed works shall cease to have effect after the expiration of five years beginning with the date on which the consent is given unless the pipe-line works to which it relates have been substantially begun before the expiration of that period.
4
The Secretary of State shall–
a
notify the public gas transporter, the relevant planning authority, any EEA State which has been sent a copy of the environmental statement pursuant to regulation 13 above (projects affecting other States) and such other persons as the Secretary of State considers appropriate, in writing of his decision; and
b
provide to such persons together with the notification mentioned in sub-paragraph (a) above a statement containing–
i
the content of the decision and any conditions attached to it;
ii
the main reasons and considerations upon which the decision is based;
iii
a description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the proposed pipe-line works.
5
The public gas transporter shall, no later than 14 days after the date of the notification under paragraph (4)(a) above, inform the public of the decision by publishing a notice in one or more local newspapers circulating in each area in which the proposed pipe-line works would be carried out stating–
a
the content of the decision and any conditions attached to it;
b
an address in Great Britain at which copies of the statement by the Secretary of State referred to in paragraph (4)(b) above may be obtained and that such copies may be obtained free of charge during a period of not less than 8 weeks immediately following the date on which the notice is to be last published,
and the public gas transporter shall satisfy all reasonable requests made during the period mentioned in sub-paragraph (b) above for copies of the statement referred to in paragraph (4)(b) above.
6
The public gas transporter shall provide the Secretary of State with copies of each of the newspapers in which the notices referred to in paragraph (5) above appeared in each case by a date no later than 7 days after the date of publication of those newspapers.
7
Where the Secretary of State sends a relevant planning authority the statement referred to in paragraph (4)(b) above, the relevant planning authority shall take steps to ensure that a copy of the statement is as soon as reasonably practicable made available for public inspection at all reasonable hours and free of charge at the place where the appropriate register (or relevant section of that register) is kept and that such copy remains so available for a period of two years.
Applications to court
15
1
Subject to paragraph (2) below, for the purposes of regulations 16 (application to court by person aggrieved) and 17 (application to court by Secretary of State) below, the expression “the court” means–
a
in respect of proposed pipe-line works in England and Wales, the High Court; and
b
in respect of proposed pipe-line works in Scotland, the Court of Session.
2
Where any proposed pipe-line works are situated in both of the areas referred to in paragraph (1) above, then either of the courts having jurisdiction in those areas shall have jurisdiction in relation to any question arising under regulation 16 or 17 below.
Application to court by person aggrieved
16
1
On the application of any person aggrieved by–
a
the grant of consent in respect of any proposed pipe-line works under regulation 14 above (consent to pipe-line works), or
b
the attaching by the Secretary of State of a condition to such a consent under paragraph (1) of that regulation,
the court may grant an order quashing the grant of consent or, as the case may be, the attaching by the Secretary of State of the condition where it is satisfied that the consent was granted or, as the case may be, the condition was attached in contravention of regulation 14(1)(b) above (consideration of environmental statement etc.) or that the interests of the applicant have been substantially prejudiced by a failure to comply with any other requirement of these Regulations.
2
An application to the court under this regulation shall be made no later than 6 weeks after the date of last publication by the public gas transporter of details of the consent or, as the case may be, the relevant condition pursuant to regulation 14(5) above.
3
The court may by interim order, pending the determination of any question referred to in paragraph (1) above, stay the operation of the consent or, as the case may be, the relevant condition on such terms as it may think fit.
Application to the court by Secretary of State
17
1
If a public gas transporter carries out pipe-line works–
a
without all applicable requirements of these Regulations having first been complied with; or
b
without any necessary consent of the Secretary of State under regulation 14 above (consent to pipe-line works), or in breach of a condition attached to such a consent under paragraph (1) of that regulation,
the court may, on the application of the Secretary of State, make an order restraining the public gas transporter from proceeding or continuing with the works or compelling him to the performance of any act required of him by any such condition.
2
Subject to paragraph (3) below, the court may, in addition to making such an order as is mentioned in paragraph (1) above, make an order requiring–
a
the removal, so far as is practicable in all the circumstances, of any pipe-line works already carried out–
i
without any such requirements as are mentioned in paragraph (1)(a) above having been complied with; or
ii
without any such consent or in breach of any such condition as are mentioned in paragraph (1)(b) above; and
b
where it orders the removal of any works, the reinstatement of the site where the works had been carried out.
3
The court shall not make an order under this regulation in respect of a breach of any such condition as is mentioned in paragraph (1)(b) above where it is satisfied that–
a
the breach in question was due to circumstances beyond the control of the public gas transporter and the breach could not reasonably have been prevented by the public gas transporter; or
b
the breach occurred as a result of anything required to be done as a matter of urgency for the purposes of securing the safety of any person.
4
Where the public gas transporter fails to comply with an order made pursuant to paragraph (2) above within such time as may be specified in it or, in default of such specification, within a reasonable time of the making of the order, the Secretary of State may himself take the action required by the order and the reasonable costs and expenses of doing so shall be recoverable as a debt from the public gas transporter.
5
Where the Secretary of State takes action in accordance with paragraph (4) above, that action shall be without prejudice to any consequences which may flow from the public gas transporter’s failure to comply with the order.
Offences
18
1
Subject to paragraph (3) below, any person who intentionally or recklessly submits to the Secretary of State–
a
an environmental statement;
b
appropriate particulars; or
c
any information required to be submitted by virtue of any provision of these Regulations,
which is false or misleading in a material particular shall be guilty of an offence.
2
Subject to paragraph (3) below, a public gas transporter who–
a
intentionally acts in breach of the terms of a condition imposed by virtue of regulation 14(1) above; or
b
carries out any proposed pipe-line works without any necessary consent of the Secretary of State granted in accordance with these Regulations,
shall be guilty of an offence.
3
It shall be a defence to a charge under paragraph (2)(a) above for the public gas transporter to show–
a
that he took all reasonable steps and exercised all due diligence to avoid committing the offence; or
b
that the acts in question were attributable to anything required to be done as a matter of urgency for the purposes of securing the safety of any person.
4
A person guilty of an offence under this regulation shall on summary conviction be liable to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
5
Where an offence under any provision of this regulation committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
6
Where the affairs of a body corporate are managed by its members, paragraph (5) above shall apply in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.
7
No proceedings for an offence under this regulation shall be instituted in England and Wales except–
a
by or with the consent of the Director of Public Prosecutions; or
b
by the Secretary of State or a person authorised by him in that behalf.
Service of notices
19
1
Any notice or other document required or authorised to be given to or served on any person under these Regulations may be given or served by–
a
delivering it to that person; or
b
leaving it at his proper address; or
c
sending it to his proper address by the recorded delivery service.
2
Any notice or other document required or authorised to be given to or served on any body corporate or unincorporated association other than a partnership shall be duly given to or served on the secretary or clerk or other similar officer of that body.
3
Any notice or other document required or authorised to be given to or served on any partnership may be given to or served on a partner or a person having the control or management of the partnership business.
4
Subject to paragraphs 5 and 6 below, for the purposes of this regulation, the proper address of any person to whom or on whom any such notice or document is to be given or served shall be his last known address except that such address shall be–
a
in the case of a body corporate or their secretary or clerk, the address of the registered office or principal office of the body corporate;
b
in the case of an unincorporated association (other than a partnership) or their secretary or clerk, the address of the principal office of the association; and
c
in the case of a partnership or a person having control or the management of the partnership business, the address of the principal office of the partnership,
and for the purposes of this paragraph the principal office of a company registered outside Great Britain or of a partnership carrying on business outside Great Britain shall be its principal office within Great Britain.
5
If the person to be given or served with any such notice or document has furnished the person by whom the notice or document is to be given or served with an address pursuant to any provision of these Regulations, that address shall also be treated for the purposes of this regulation as his proper address.
6
Any notice or other document relating to pipe-line works which is to be given to or served on a public gas transporter, who has for the purposes of section 46 of the 1986 Act fixed particular offices as appropriate offices in relation to notices concerning matters arising in particular areas, may be given or served by delivering it at or sending it in a pre-paid letter to any office which is an appropriate office in relation to notices concerning matters arising in an area in which any part of the pipe-line works is to be carried out.
John Battle
Minister for Energy and Industry,
Department of Trade and Industry
12th June 1999


type: legislation

jurisdiction: UK

text:
1
1
This Order may be cited as the Export of Goods (Control) (Amendment) Order 1999 and shall come into force on 15th February 1999.
2
In this Order, “the principal Order ” means the Export of Goods (Control) Order 1994 .
2
The following Order and provisions are hereby revoked:
a
in article 3B(1A) of the principal Order–
i
subparagraph (a), and
ii
the words “or (c)” in subparagraph (d);
b
in Part I of Schedule 1 to the principal Order–
i
the paragraph numbered 1 at the beginning of the Part, and
ii
Group 1;
c
the Export of Goods (Control) (Amendment No. 2) Order 1995 ;
d
in the Export of Goods (Control) (Amendment No. 2) Order 1996 –
i
article 2(f), and
ii
paragraph 4 of Schedule 2; and
e
article 1(3)(b) of the Export of Goods (Control) (Amendment No. 3) Order 1997 .
3
Article 3 of the principal Order shall be renumbered as paragraph (1) of that article, and the following paragraphs shall be added to that article:
2
For the purposes of subparagraph (a) of paragraph (1) above but subject to paragraph (3) below, the exportation of goods to a destination outside the customs territory of the European Community shall be regarded as being under the authority of a licence granted by the Secretary of State to or for the benefit of a particular person only if–
a
he is the person on whose behalf the export declaration is made, and
b
he is established within the European Community and either–
i
he is the owner of the goods or has a similar right of disposal over them, or
ii
if no person who is owner of the goods or has a similar right of disposal over them is established within the European Community, he is party to one or more contracts under which ownership of the goods or a similar right of disposal over them has passed to a person not established within the European Community and pursuant to which the goods are to be, are being or have been exported from the customs territory of the European Community.
3
Paragraph (2) above does not apply if no person falls within subparagraph (b) of that paragraph or if the export is of goods imported into the United Kingdom for transit or transhipment in respect of which the conditions in article 3B(2) below are met.
4
In paragraph 1 of Group 2 in Part I of Schedule 1 to the principal Order–
a
the words “explosive ordnance disposal” in subparagraph (d) shall be replaced by the words “the disposal of improvised explosive devices”; and
b
the words “and containers designed for holding improvised explosive devices or objects suspected of being such devices” shall be added at the end of the exception to subparagraph (d).
5
1
The following amendments shall be made in Part III of Schedule 1 to the principal Order.
2
In the Definitions–
a
in the definition of “biocatalyst”, the words “for specific chemical or biochemical reactions” shall be inserted after the word “enzymes”;
b
subparagraph a. of the definition of “biopolymer” shall be replaced by:
a
enzymes for specific chemical or biochemical reactions;
;
c
the definition of “enzymes” shall be revoked;
d
in the definition of “end-effectors”–
i
the word “include” shall be replaced by the word “means”;
ii
the words “(that is, devices for applying motive power, process energy or sensing to the workpiece)” shall be inserted after the word “units”; and
iii
the Technical Note shall be revoked;
e
the following definition shall be inserted after the definition of “improvised explosive devices”:
“in the public domain” means available without restriction upon further dissemination (no account being taken of restrictions arising solely from copyright);
.
3
In entry ML1d, the words “weapons sights” shall be inserted after the words “special gun-mountings”.
4
Entry PL5002 shall be replaced by–
PL 5002
Telescopic sights for goods specified in entry PL5018, other than those specified in entries ML1, ML2 and ML5.
5
In entry ML2, the following head shall be inserted after head b:
c
Weapons sights for arms specified in entry ML2a or ML2b.
6
At the end of the exception to entry ML15, the following words shall be added:
or equipment specially designed so that only “first generation image intensifier tubes” are or can be incorporated in it.
NB: For weapons sights incorporating “first generation image intensifier tubes”, see entries ML1, ML2 and ML5.
A.J. Mantle
An official of the
Department of Trade and Industry authorised to act on behalf of the Secretary of State
14th January 1999


text:
1
1
These Regulations may be cited as the Value Added Tax (Amendment) (No. 2) Regulations 1999 and shall, subject to the following paragraphs of this regulation, come into force on 10th March 1999.
2
Regulation 3 shall have effect in respect of payments received on or after 10th March 1999.
3
In relation to a taxable person whose registration period (as defined by regulation 99(1)(e) of the Value Added Tax Regulations 1995 ) commenced before 10th March 1999 and ends after that day, regulations 4 and 5 shall have effect from the commencement of his first tax year (as defined by regulation 99(1)(d)(i) of the Value Added Tax Regulations 1995).
4
In relation to a taxable person —
a
who was registered before 10th March 1999, and
b
to whom paragraph (3) above does not apply, and
c
who does not have a tax year (as defined by regulation 99(1)(d) of the Value Added Tax Regulations 1995) commencing on 10th March 1999,
regulations 4 and 5 shall have effect from the first day of the first of his tax years commencing after that day.
5
Regulation 6 shall have effect in respect of subsequent adjustment intervals (within the meaning of Part XV of the Value Added Tax Regulations 1995) commencing on or after 10th March 1999.
2
The Value Added Tax Regulations 1995 shall be amended as follows.
3
After regulation 94 there shall be inserted —
94A
In this Part a reference to receipt of payment (however expressed) includes a reference to receipt by a person to whom a right to receive it has been assigned.
.
4
Regulation 105 shall be omitted.
5
In each of paragraphs (1) and (2) of regulation 107, “105 or” shall be omitted.
6
In regulation 115 —
a
in each of paragraphs (1) and (2) for “in the first interval applicable to it” there shall be substituted “or to be used at the time that the original entitlement to deduction of the input tax was determined”; and
b
in paragraph (5) —
i
before the definition of “the total input tax on the capital item” there shall be inserted ““the original entitlement to deduction” means the entitlement to deduction determined in accordance with Part XIV of these Regulations;”; and
ii
in the definition of “the adjustment percentage” for “is used (or is regarded as being used) in making taxable supplies in the first interval applicable to it” there shall be substituted “was used or to be used for the making of taxable supplies at the time the original entitlement to deduction of the input tax was determined”.
Martin Brown
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
9th March 1999


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Essex Coast) Designation (Amendment) Order 1999 and shall come into force on 31st August 1999.
Interpretation
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (Essex Coast) Designation Order 1994 , as amended at the date that this Order comes into force.
Amendment of the principal Order
3
The principal Order shall be amended in accordance with the following provisions of this Order.
4
In article 2(1) of the principal Order, the provisions immediately following the words “In this Order–” to the end of article 2(1), in so far as they were made under section 18 of the Agriculture Act 1986, shall be deleted and the following definitions shall be inserted at their appropriate alphabetical place:
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3;
“capital activity” means an activity specified in Schedule 1;
“conservation plan” means a plan incorporated into an agreement for the carrying out of one or more capital activities within a specified period;
“farmer” means a person who has an interest in agricultural land in the area designated by article 3, and who has also entered into an agreement with the Minister;
“grassland” means land on which the vegetation consists primarily of grass species and includes meadowland, pasture and rough grazing;
“management activity” means an activity specified in Schedule 2;
“permanent grassland” means grassland which has not been ploughed or re-seeded for at least five years;
“public access route” means a strip of land which is the subject of an agreement and on which access is given to the public;
“scrape” means a shallow excavation which may hold water seasonally;
“wet grassland” means grassland with the potential to retain winter and spring water levels on marshland to create field wetness or to allow shallow pools to develop.
5
In article 3 of the principal Order, for the words “dated 3rd March 1994, signed and sealed by the Minister” there shall be substituted “dated 31st July 1999, signed on behalf of the Minister by the Parliamentary Secretary”.
6
For article 4 of the principal Order and the heading thereto there shall be substituted the following article and heading–
Matters in respect of which payments may be made
4
Payments to be made by the Minister under an agreement may be made in respect of a capital activity or a management activity.
.
7
For article 5 of the principal Order there shall be substituted the following article and heading thereto–
Rates of payment
5
1
Payments to be made by the Minister under an agreement shall not exceed–
a
in the case of a management activity, the rate specified in respect of that activity in column 2 of Schedule 2; and
b
in the case of one or more capital activities included in a conservation plan, £100,000 in aggregate.
2
Any works which form part of an activity which constitutes both a management activity and a capital activity may by virtue of an agreement be eligible for payment either as part of a management activity or as part of a capital activity, but the agreement together with any conservation plan incorporated in it shall not provide for payment to be made on both such bases in respect of the same works.
.
8
For Schedule 1 to the principal Order there shall be substituted the Schedule set out in Schedule 1 to this Order.
9
For Schedule 2 to the principal Order there shall be substituted the Schedule set out in Schedule 2 to this Order.
10
The following provisions of the principal Order shall be deleted–
a
articles 6 and 7; and
b
Schedules 3, 4 and 5.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
31st July 1999
We consent,
Jim Dowd
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
9th August 1999


text:
Citation, commencement and extent
1
These Regulations, which extend to England only , may be cited as the Local Authorities (Capital Finance) (Amendment) (England) Regulations 1999, and shall come into force on 1st April 2000.
Amendment of Regulations
2
For regulation 40 of the Local Authorities (Capital Finance) Regulations 1997 substitute the following regulation —
Excluded private finance transactions
40
1
A credit arrangement which is a private finance transaction shall be excluded from section 49(2), and the initial cost and the cost at any time of the arrangement shall be nil, if the authority determine that in accordance with proper practices no item, other than an item specified in paragraph (2), is required to be recognised as an asset in any balance sheet they are required to prepare in accordance with such practices for the financial year in which the credit arrangement comes into being with respect to property which is either:
a
provided or made available under the transaction; or
b
constructed, enhanced, replaced or installed under the transaction.
2
The following items are specified for the purposes of paragraph (1):
a
any item relating to a contribution by the authority of an asset to any person with whom they enter into the private finance transaction in return for a reduction in the consideration payable by the authority to that person under the transaction; or
b
any item relating to an asset to be provided or made available under the private finance transaction by any person which is transferred into the ownership of the authority, whether or not upon payment of any consideration by the authority, at the end of the contract term relating to the transaction.
Revocation
3
Regulation 4 of the Local Authorities (Capital Finance) (Amendment) Regulations 1997 is revoked.
Signed by authority of the Secretary of Statefor the Environment, Transport and the Regions
Hilary Armstrong
Minister of State
Department of the Environment, Transport and the Regions
21st December 1999


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (Existing Liabilities Scheme) (Amendment) Regulations 1999 and shall come into force on 26th May 1999.
Amendment of regulation 6 of the National Health Service (Existing Liabilities Scheme) Regulations 1996
2
In regulation 6 of the National Health Service (Existing Liabilities Scheme) Regulations 1996 (payments under the scheme) —
a
in paragraph (1), for the words “pay to that body an amount” substitute “pay to or on behalf of that body an amount”;
b
in paragraph (2), after sub-paragraph (a), insert the following —
aa
any payment which falls to be made by the eligible body where that body has not complied with any condition imposed by the Secretary of State relating to the claim;
ab
any payment into court which the eligible body has made without the prior consent in writing of the Secretary of State;
, and
c
in paragraph (3)
i
omit the words “to an eligible body”;
ii
in sub-paragraphs (a), (b)(iii) and (c), after the words “costs incurred by”, and in paragraph (d) , after those words appear for the second time, insert the words “or on behalf of”;
ii
in sub-paragraph (b)(i), after the word “paid”, insert the words “or payable”;
iii
in sub-paragraph (e) , for the words “incurred by either party” substitute the words “incurred by the person making the claim and any such costs incurred by or on behalf of the eligible body”;
iv
after sub-paragraph (e) add the following sub-paragraph —
f
where the eligible body has decided to make a payment into court, the amount of that payment;
.
Insertion of regulation 6A into the National Health Service (Existing Liabilities Scheme) Regulations 1996
3
After regulation 6 add the following regulation —
Payments on Account
6A
1
Where, in any year, a payment (including a payment into court) falls to be made by an eligible body in connection with a claim in respect of which a payment may become payable by the Secretary of State under regulation 6, the Secretary of State may make a payment on account of any amount which may become payable by him under that regulation.
2
Such payment on account may be made to or on behalf of the eligible body.
3
Where the amount of any such payment on account exceeds the amount of any payment the Secretary of State subsequently determines to make under regulation 6 the excess shall be recoverable from the eligible body.
Signed by authority of the Secretary of State for Health.
Hayman
Parliamentary Under Secretary of State,
Department of Health
27th April 1999
Jim Dowd
Jane Kennedy
Two of the Lords Commissioners of Her Majesty’s Treasury
4th May 1999


text:
Title and commencement
1
These Regulations may be cited as the Habitat (Salt-Marsh) (Amendment) Regulations 1999 and shall come into force on 17th December 1999.
Interpretation
2
In these Regulations “the principal Regulations ” means the Habitat (Salt-Marsh) Regulations 1994 .
Amendment of the principal Regulations
3
After regulation 4 of the principal Regulations there shall be inserted the following regulation —
Closing date for accepting applications for aid
4A
The Minister shall not accept an application under these Regulations unless it has been received by him before 17th December 1999.
.
Elliot Morley
Parliamentary Secretary Ministry of Agriculture, Fisheries and Food
23rd November 1999


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


text:
1
These Regulations may be cited as the Education (Aptitude for Particular Subjects) Regulations 1999 and shall come into force on 1st April 1999.
2
The following subjects are prescribed for the purposes of section 102 of the School Standards and Framework Act 1998 (permitted selection: aptitude for one or more particular subjects)–
Modern foreign languages, or any such language;
The performing arts, or any one or more of the performing arts;
The visual arts, or any one or more of the visual arts;
Physical education or sport, or one or more sports;
Design and technology;
Information technology.
Estelle Morris
Minister of State,
Department of Education and Employment
30th January 1999
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
2nd February 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (Student Fees) (Exceptions) (England) Regulations 1999 and shall come into force on 1st September 1999.
2
In these Regulations “ the Act ” means the Teaching and Higher Education Act 1998.
Application
2
These Regulations shall apply for the determination, for the purpose of Chapter I of Part II of the Act, of the meaning of fees payable to institutions in England.
Fees excluded from the definition of fees in section 28(1) of the Act
3
Any fee of a description specified in Part II of the Schedule to these Regulations is (insofar as it is a fee) prescribed for the purpose of section 28(1)(e) of the Act (which provides that fees which are prescribed are excluded from the meaning of fees in Chapter I of Part II of the Act).
Tessa Blackstone
Minister of State,
Department for Education and Employment
9th August 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Teachers (Compensation for Redundancy and Premature Retirement) (Amendment) Regulations 1999 and–
a
this regulation and regulations 2 and 6 shall come into force on 31st March 1999 but regulation 6 shall have effect from 1st November 1998; and
b
the remainder of these Regulations shall come into force on 1st April 1999.
2
In these regulations “the principal regulations” means the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1997 .
Amendment of principal regulations
2
The principal regulations shall be further amended in accordance with regulations 3 to 8.
3
1
In regulation 2(2) for the definition of “appropriate person” there shall be substituted the following definition–
“appropriate person” means–
before 1st September 1999–
in the case of a person employed at an aided school within the meaning of section 32 of the 1996 Act or at a grant-maintained or grant-maintained special school, the local education authority, and
in the case of any other employee, the person by whom he was employed; and
on and after 1st September 1999–
in the case of a person employed at a foundation or voluntary aided school or a foundation special school within the meaning of section 20 of the School Standards and Framework Act 1998 , the local education authority; and
in the case of any other employee, the person by whom he was employed;
.
2
After paragraph (3) of that regulation there shall be inserted the following paragraph–
4
For the purposes of these regulations a grant-maintained or grant-maintained special school shall, before 1st September 1999, be treated as a school maintained by a local education authority.
.
4
In regulation 3–
a
in paragraph (3) for “paragraphs 1, 1A, 3” there shall be inserted “paragraphs 1 (as read with regulation 10 of the School Standards and Framework Act 1998 (Modification) Regulations 1998 ), 1A”;
b
paragraph (4) shall be omitted;
c
in paragraph (7)(a) for “section 115(b) of the 1996 Act (schools)” there shall be substituted “section 115(b) of the 1996 Act or section 49(7) of the School Standards and Framework Act 1998 (schools)”; and
d
paragraph (7)(c) shall be omitted.
5
In regulations 5 and 6(1) for “section 139(1) to (4) of the 1996 Act” there shall be substituted “section 57(1) to (3) of the School Standards and Framework Act 1998”.
6
In regulation 20(3)(b) for
T S
there shall be substituted
T U
.
7
In regulation 22 paragraph (7) shall be omitted.
8
In Schedule 1 the following shall be omitted from the three respective columns–
C Governing Body Secretary of State
.
Savings
9
1
Where before 1st April 1999–
a
the governing body of a grant-maintained or grant-maintained special school had determined that a payment should be made to a person under regulation 5 or 6 of the principal regulations who had ceased to be employed by them before that date, but
b
no such payment had been made before that date,
any payment which falls to be made under regulation 5 or 6 of the principal regulations pursuant to the determination shall be made by the governing body of the school despite the amendment to the definition of “appropriate person” made by regulation 3 above.
2
Where before 1st April 1999–
a
a person, who immediately before the date on which he ceased to hold his former employment had been employed at a grant-maintained or grant-maintained special school, had became entitled to compensation under regulation 7 or 12 of the principal regulations; and
b
any payment of compensation arising from such entitlement had been made, or was due to have been made, under regulation 26 of the principal regulations, regulations 3(7) and 22 of, and Schedule 1 to, the principal regulations shall apply in relation to the continued payment of such compensation without the amendments made by regulations 4, 7 and 8 above.
Charles Clarke
Parliamentary Under Secretary of State,
Department for Education and Employment
2nd March 1999
We consent
Jim Dowd
Clive Betts
Two of the Lords Commissioners of Her Majesty’s Treasury
5th March 1999


text:
Commencement and citation
1
This Order may be cited as The A10 Trunk Road (Haringey) Red Route Experimental Traffic Order 1999, and shall come into force on 27th September 1999.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column (2) of the table in schedule 1;
f
“vehicle” includes part of a vehicle;
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule;
h
“bus” has the meaning given by regulation 22(2) of the Traffic Signs Regulations and General Directions 1994 ;
i
“bus stop” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stop”;
j
“bus stand” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stand”; and
k
“London Regional Transport” has the meaning given by the London Regional Transport Act 1984 .
l
“pedal cycle” has the same meaning as in regulation 4 of the Traffic Signs Regulations and General Directions 1994.
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Buses: The controls specified in article 3(1) do not apply in respect of a person causing a bus to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
5
Police Vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle marked with the word “Police” to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2H during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing:
a
a bus to stop at a bus stop for as long as may be required to enable passengers to board or alight; or
b
a bus to stop at a bus stop or a bus stand and being used for operational reasons in the course of providing a London bus service (as defined in section 34 of the Transport Act 1985 ) under an agreement with London Regional Transport or training drivers to allow such a service to be provided.
2
In this article “operational reasons” means:
i
to enable passengers to board and alight;
ii
to enable crew changes to take place;
iii
to maintain the scheduled timetable subject, in the case of a bus stop, to a maximum wait of two minutes.
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
4
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a pedal cycle to be parked at a facility specifically provided for the purpose of pedal cycle parking by, or with the consent of, the highway authority.
Power to modify or suspend this Order
10
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Suspensions of existing Orders
11
1
Subject to paragraph (2) of this article, the Haringey (Waiting and Loading Restriction) (Special Parking Area) ( No. 1) Order 1994 is hereby suspended, in so far as its provisions relate to any part of the trunk road red route.
2
The suspension specified in paragragh (1) of this article shall take effect in respect of any provision contained in the Haringey (Waiting and Loading Restriction) (Special Parking Area) (No. 1) Order 1994 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
13th September 1999