text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Derwentside (Electoral Changes) Order 1999.
2
This Order shall come into force–
a
for the purpose of proceedings preliminary or relating to elections to be held on 1st May 2003, on 10th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order–
“district” means the district of Derwentside;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the District of Derwentside (Electoral Changes) Order 1999”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of Derwentside
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty-two wards which shall bear the names set out in column (1) of the Schedule.
3
The wards shall comprise the areas described in column (2) of the Schedule by reference to parishes or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of the Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or similar geographical feature, it shall be treated as running along the centre line of the feature.
Revocation
3
The District of Derwentside (Electoral Arrangements) Order 1978 is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
7th September 1999


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Docklands Light Railway (Lewisham Extension) (Exemptions) Order 1999 and shall come into force on 13th December 1999.
Interpretation
2
In this Order —
“the 1993 Act ” means the Railways Act 1993;
“the Lewisham 1993 Act ” means the London Docklands Railway (Lewisham) Act 1993 ;
“ DLR ” means Docklands Light Railway Limited;
“the specified network” means the network constructed in consequence of the making of any of the works authorised by section 4 of the Lewisham 1993 Act;
“specified station” means any station, or part of a station, constructed as part of the specified network pursuant to powers conferred by the Lewisham Act 1993 and from which no regular scheduled railway passenger services are provided by any person other than DLR.
Franchise exemption
3
Exemption from designation under section 23(1) of the 1993 Act (designation of passenger services as eligible for franchising) is granted to DLR in respect of every railway passenger service provided by DLR on the specified network.
Disapplication of closure provisions
4
1
Every railway passenger service provided by DLR on the specified network is hereby designated as a service in relation to which section 37 of the 1993 Act (closure of non-franchised etc. passenger services) is not to have effect.
2
The specified network is hereby designated as a network in relation to which section 39 of the 1993 Act (closure of operational passenger networks) is not to have effect.
3
Every specified station is hereby designated as a station in relation to which section 41 of the 1993 Act (closure of railway facilities used in connection with passenger services) is not to have effect.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Gus MacDonald
Minister for Transport,
Department of the Environment, Transport and the Regions
19th November 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Fees in the Registers of Scotland Amendment Order 1999 and shall come into force on 21st April 1999.
2
In this Order, “the principal Order ” means the Fees in the Registers of Scotland Order 1995
Amendment of the principal Order
2
In article 2 of the principal Order (interpretation)–
a
in paragraph (b) after “dealing” insert–
“,Registers Direct service”
;
b
after paragraph (c) insert–
ca
any reference to a search includes a search by computer using the Registers Direct service;
cb
any reference to an application includes an application by telephone, facsimile, electronic mail or any other means.
.
3
In Part I of the Schedule (Land Register of Scotland) to the principal Order–
a
in paragraph A (interests in land other than heritable securities) of section I (registration fees) in sub-paragraph (ff) after the words “local authority” insert–
police authority, fire authority, valuation authority or the Scottish Childrens Reporter Authority,
;
b
for section 2 (reports) substitute–
REPORTS
2
When application is made–
Note:
The fees for items (a) to (g) above include the provision of a hard copy report. If a duplicate hard copy report is required there is an additional fee of £7 for each report.
a
On Form 10 for a report prior to first registration
£ 22.70
b
On Form 11 for continuation of report prior to first registration
13.60
c
On Form 12 for a report over registered sub jects
22.70
d
On Form 13 for continuation of report over registered subjects
£ 13.60
e
On Form 14 for a report to ascertain whether or not subjects have been registered
22.70
f
On Form P16 for comparison of a bounding description with the Ordnance Map in conjunction with item (a) above, a combined fee of:
34.00
g
On Form P17 for comparison of the boundaries on the Certificate Plan with the ordnance map in conjunction with item (c) above, a combined fee of:
34.00
;
c
For entry (d) of section 3 (miscellaneous services) substitute–
d
On Form P16 for comparison of a bounding description with the ordnance map separately from item (a) in Part I, 2 above
22.70
d
for entry (e) of section 3 (miscellaneous services) substitute–
e
On Form P17 for comparison of the bound aries on the Certificate Plan with the Ordnance Map separately from item (c) in Part I, 2 above
22.70
4
In Part II of the Schedule (General Register of Sasines) to the principal Order in paragraph A (conveyances) of section I (recording fees), in subparagraph (iv) after the words “local authority” insert–
police authority, fire authority, valuation authority or the Scottish Children’s Reporter authority,
.
5
In Part XII of the Schedule (fees applicable to all registers) to the principal Order there is substituted for the section headed “Inspection Fees”–
FEES FOR THE PROVISION OF INFORMATION
A. General Register of Sasines
1
Presentment Book
a
Per search against a name
£ 2.00
b
Per search against an address
2.00
c
Per search against a minute number
2.00
2
Minute Book
a
Per search against a name
£ 2.00
b
Per search against an address
2.00
c
Per search against a minute number
2.00
3
Search Sheet
a
Per search against a name
£ Nil
b
Per search against an address
Nil
c
Per search by search sheet number
2.00
d
Per view of any individual search sheet
2.00
e
The provision of information from any other index, volume, document or process
2.00
B. Land Register of Scotland
1
Application Record
a
Per search against a name
£ 4.00
b
Per search against an address
4.00
c
Per search against an application number
£ 4.00
d
Per search against a title number
4.00
2
Title Sheet
Note: Where on the same occasion a view of the title sheet is made against an entry identified in the course of an initial search as per 2(a) and (b), no fee is payable in respect of the initial search.
a
Per search against a name
£ 4.00
b
Per search against an address
4.00
c
Per search against a title number
4.00
d
Per view of the title sheet affecting one interest in land
4.00
3
Per Index Map Search
£ 2.00
4
The provision of information from any other index, volume, document or process
£ 2.00
C. Books of Council and Session
For each search in the Register of Deeds or Register of Judgements Index against:
1
a name
£ 2.00
2
a pursuer/petitioner
2.00
3
a defender/respondent
2.00
4
a judgement number
2.00
D. Register of Inhibitions and Adjudications
Note:A search includes a print disclosing relevant entries if requested within 7 working days of the date of the original search.
1
For each group of 6 names or fewer searched against
£ 3.50
2
For provision of a paper copy of the daily minutes (per day)
96.00
3
Per search of a specified minute number
1.00
.
Henry B McLeish
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
26th March 1999
We consent,
David Jamieson
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
30th March 1999


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


text:
1
This Order may be cited as the A5 Trunk Road (Nesscliffe Bypass) Detrunking Order 1999 and shall come into force on 5th August 1999.
2
In this Order–
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the new trunk road” means the new highway which the Secretary of State proposes to construct referred to in article 1(1) of the A5 Trunk Road (Nesscliffe Bypass) Order 1999 ; and
iii
“the trunk road” means the London to Holyhead Trunk Road (A5).
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a classified road from the date on which the Secretary of State notifies the Shropshire County Council that the new trunk road is open for traffic.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
J P Boud
Director Highways Agency Project Services Division
1st July 1999


text:
Citation, commencement and extent
1
1
This Order may be cited as the Housing Accommodation (Persons subject to Immigration Control) (Amendment) (England) Order 1999 and shall come into force on 6th December 1999.
2
This Order extends to England only.
Asylum-seekers
2
In the Housing Accommodation and Homelessness (Persons subject to Immigration Control) Order 1996 , in article 3 (classes specified under section 9(1)), at the end, there shall be added —
Class DG — an asylum-seeker to whom, or a dependant of an asylum-seeker to whom, a local authority is required to provide support in accordance with regulations made under Schedule 9 to the Immigration and Asylum Act 1999 .
.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Nick Raynsford
Minister of State,
Department of the Environment, Transport and the Regions
15th November 1999


text:
Citation and commencement
1
This Order may be cited as the South Bradford Community Learning Partnership Education Action Zone Order 1999 and shall come into force on 10th January 2000.
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 South Bradford Community Learning Partnership 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 South Bradford Community Learning Partnership 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;
c
one person appointed by each partner, unless any partner chooses not to make such an appointment; and
d
up to four persons appointed by the City of Bradford Metropolitan District Council in relation to education, the youth service and social services within the District.
5
The Forum may at any time appoint additional members as follows–
a
up to five persons representing the interests of businesses, three of which should be situated in the City of Bradford Metropolitan District;
b
up to five parents of registered pupils attending zone schools;
c
up to four persons representing the interests of voluntary organisations working within the area served by the zone schools;
d
one person nominated by the City of Bradford Metropolitan District Council to represent the interests of their Children’s Centres; and
e
up to two persons representing the interersts of pre-school nurseries situated 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
15th December 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bedfordshire and Luton Community National Health Service Trust (Establishment) Order 1999 and shall come into force on 1st April 1999.
2
In this Order, unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the Schedule” means the Schedule to this Order;
“the trust” means the Bedfordshire and Luton Community National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Bedfordshire and Luton Community National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be:–
a
to own and manage pursuant to section 5(1)(a) of the Act 1 Union Street, Luton, Beds. LU1 3AN, 40 Kimbolton Road, Bedford MK40 2NR, and associated establishments and facilities, and there to provide and manage hospital accommodation and services, and there and from there to provide and manage community health services;
b
to provide and manage pursuant to section 5(1)(b) of the Act the properties listed in Part I of the Schedule, and there to provide and manage hospital accommodation and services; and
c
to provide and manage pursuant to section 5(1)(b) of the Act the properties listed in Part II of the Schedule, and there and from there to provide and manage community health services.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1999.
2
The accounting date of the trust shall be 31st March.
Restriction on disposal of assets
6
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
19th March 1999


text:
1
This Order may be cited as the Public Telecommunication System Designation (VIA Net Works UK Ltd) Order 1999 and shall come into force on 5th January 2000.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Patricia Hewitt
Minister of State for Small Business and E-Commerce,
Department of Trade and Industry
4th December 1999


text:
PART I
PRELIMINARY
Citation and commencement
1
1
These Regulations may be cited as the Pressure Equipment Regulations 1999.
2
This regulation, regulations 2, 20 and 22 shall come into force on 31st August 1999.
3
The remaining regulations shall come into force on 29th November 1999.
Interpretation
2
1
In these Regulations —
a
the “Pressure Equipment Directive” means Directive 97/23/ EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to pressure equipment ;
b
except for the references to the European Communities in the definition of “the Commission” and in relation to the Official Journal, a reference to the Community includes a reference to the EEA , and a reference to a member State includes a reference to an EEA State: for this purpose —
i
the “EEA” means the European Economic Area;
ii
an “EEA State” means a State which is a Contracting Party to the EEA Agreement; and
iii
the “EEA Agreement” means 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 ; and
c
unless the context otherwise requires, a reference to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in these Regulations and a reference —
i
to a paragraph in a regulation is a reference to a paragraph in that regulation;
ii
to an Annex is a reference to an Annex of the Pressure Equipment Directive: for the purposes of these Regulations, Annexes I, II , III , VI and VII are respectively set out in Schedules 2, 3, 4, 5, and 6;
iii
to an Article in an Annex is a reference to the Article so numbered in the Pressure Equipment Directive and a reference to a section of an Article shall be construed accordingly;
iv
to a section or a paragraph in an Annex is a reference to a section or a paragraph in that Annex as set out in the relevant Schedule; and
v
to “the Directive” in an Annex is a reference to the Pressure Equipment Directive.
2
In these Regulations, unless the context otherwise requires —
“assembly” means several pieces of pressure equipment assembled by a manufacturer to constitute an integrated and functional whole;
“business” includes a profession and an undertaking;
“CE marking” means the CE marking referred to in regulation 16 consisting of the initials “CE” in the form shown in Schedule 5;
“the Commission” means the Commission of the European Communities;
“enforcement authority” means —
in the case of pressure equipment and assemblies for use in the workplace —
in Great Britain, the Health and Safety Executive established under section 10 of the Health and Safety at Work etc. Act 1974 and
in Northern Ireland, the Health and Safety Executive for Northern Ireland established under Article 12 of the Health and Safety at Work (Northern Ireland) Order 1978 ;
in the case of pressure equipment and assemblies for private use or consumption —
in Great Britain, weights and measures authorities; and
in Northern Ireland, every district council;
“essential requirements” means the requirements set out in Schedule 2;
“European approval for materials” or “European approval for pressure equipment materials” means a technical document defining the characteristics of materials intended for repeated use in the manufacture of pressure equipment which are not covered by any harmonised standard as referred to in paragraph 4.2(b) of Schedule 2;
“fluid” means gases, liquids and vapours in pure phase as well as mixtures thereof; a fluid may contain a suspension of solids;
“fluid in Group 1” means a fluid being a dangerous fluid, that is to say a substance or preparation covered by the definitions of Article 2(2) of Council Directive 67/548/ EEC of 27th June 1967 on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances as specified in that Article as:
explosive,
extremely flammable,
highly flammable,
flammable (where the maximum allowable temperature is above flashpoint),
very toxic,
toxic, or
oxidising;
“fluid in Group 2” means a fluid which is not a fluid in Group 1;
“harmonised standard” means a technical specification adopted by the European Committee for Standardisation or the European Committee for Electrotechnical Standardisation or both, upon a mandate from the Commission in accordance with Directive 98/34/EC of 22nd June 1998 of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical standards and regulations , and of which the reference number is published in the Official Journal of the European Communities;
“maximum allowable pressure” or “ PS ” means the maximum pressure for which the equipment is designed, as specified by the manufacturer, defined at a location specified by the manufacturer, being the location of connection of protective or limiting devices or the top of equipment or, if either of the foregoing are not appropriate, any point specified by the manufacturer;
“maximum or minimum allowable temperature” or “ TS ” means the maximum or minimum temperatures, as the case may be, for which the equipment is designed, as specified by the manufacturer;
“nominal size” or “ DN ” means a numerical designation of size which is common to all components in a piping system other than components indicated by outside diameters or by thread size; that is to say a convenient round number for reference purposes which is only loosely related to manufacturing dimensions and designated by the letters “DN” followed by a number;
“notified body” shall be construed in accordance with regulation 18;
“permanent joints” means joints which cannot be disconnected except by destructive methods;
“piping” means piping components intended for the transport of fluids when connected together for integration into a pressure system, such components include in particular a pipe or system of pipes, tubing, fittings, expansion joints, hoses, other pressure-bearing components as appropriate or heat exchangers consisting of pipes for the purpose of cooling or heating air;
“pressure” means pressure relative to atmospheric pressure being gauge pressure; vacuum is designated by a negative value;
“pressure accessories” means devices with an operational function and having pressure-bearing housings;
“pressure equipment” means vessels, piping, safety accessories and pressure accessories; where applicable, pressure equipment include elements attached to pressurised parts, such as flanges, nozzles, couplings, supports, lifting lugs, and similar;
“recognised third-party organisation” shall be construed in accordance with regulation 19;
“relevant essential requirements” in relation to pressure equipment or an assembly, means those provisions of the essential requirements which are applicable to that particular pressure equipment or assembly, as the case may be;
“responsible person” means —
the manufacturer or his authorised representative established within the Community; or
where neither the manufacturer nor his authorised representative is established within the Community, the person who places the pressure equipment or assembly on the market or puts it into service as the case may be;
“safe” in relation to pressure equipment or an assembly, means that the pressure equipment or assembly when properly installed and maintained and used for its intended purpose is not liable to endanger the health or safety of persons and, where appropriate, domestic animals or property, and, where the context admits, cognate expressions shall be construed accordingly;
“safety accessories” means devices designed to protect pressure equipment against the allowable limits being exceeded; such devices include:
devices for direct pressure limitation, such as safety valves, bursting disc safety devices, buckling rods, controlled safety pressure relief systems, and
limiting devices, which either activate the means for correction or provide for shutdown or shutdown and lockout, such as pressure switches or temperature switches or fluid level switches and safety related measurement control and regulation devices;
“standard” means a technical specification approved by a recognised standardising body for repeated or continuous application, with which compliance is not compulsory: and, for the avoidance of doubt, includes a harmonised standard or a transposed harmonised standard;
“supply” includes offering to supply, agreeing to supply, exposing for supply and possessing for supply and cognate expressions shall be construed accordingly;
“transposed harmonised standard” means a national standard of a member State which transposes a harmonised standard;
“user inspectorate” shall be construed in accordance with regulation 22;
“vessel” means a housing designed and built to contain fluids under pressure including its direct attachments up to the coupling point connecting it to other equipment; a vessel may be composed of more than one chamber; and
“volume” or “V” means the internal volume of a chamber, including the volume of nozzles to the first connection or weld and excluding the volume of permanent internal parts.
3
For the purposes of these Regulations, pressure equipment or assemblies shall not be regarded as having been put into service where a person —
a
being a manufacturer of pressure equipment or an assembly for his own use; or
b
having imported pressure equipment or an assembly from a country or territory outside the Community for his own use
puts that pressure equipment or assembly into service otherwise than in the course of business.
PART II
APPLICATION
Pressure equipment and assemblies
3
Subject to regulations 4, 5, and 6, these Regulations apply to pressure equipment and assemblies with a maximum allowable pressure PS greater than 0.5 bar.
Excluded pressure equipment and assemblies
4
1
These Regulations shall not apply to the products listed in Schedule 1.
2
For the avoidance of doubt these Regulations shall not apply to the assembly of pressure equipment on the site and under the responsibility of the user.
Pressure equipment and assemblies placed on the market before 29th November 1999
5
These Regulations shall not apply to pressure equipment and assemblies placed on the market before 29th November 1999.
Exclusion until 30th May 2002 of pressure equipment and assemblies complying with provisions in force on 28th November 1999
6
1
Subject to paragraph (2), these Regulations shall not apply to pressure equipment and assemblies placed on the market on or before 29th May 2002 which comply with any safety provisions with which they would have been required to comply for them to be placed on the market in the United Kingdom on 28th November 1999.
2
The exclusion provided in paragraph (1) shall not apply in the case of pressure equipment or an assembly which —
a
unless required to bear the CE marking pursuant to any other Community obligation, bears the CE marking or an inscription liable to be confused with it; or
b
bears or is accompanied by any other indication, howsoever expressed, that it complies with the Pressure Equipment Directive.
PART III
GENERAL REQUIREMENTS
General duty relating to the placing on the market or putting into service of pressure equipment
7
1
Subject to regulation 11, no person who is a responsible person shall place on the market or put into service any pressure equipment described in paragraph 2 unless the requirements of paragraph (3) have been complied with in relation to it.
2
For the purposes of paragraph (1), the following are pressure equipment —
a
vessels, except those referred to in sub-paragraph (b), for —
i
gases, liquefied gases, gases dissolved under pressure, vapours and also those liquids whose vapour pressure at the maximum allowable temperature is greater than 0.5 bar above normal atmospheric pressure, (1 013 mbar) within the following limits —
aa
for fluids in Group 1, with a volume greater than 1L and a product of PS and V greater than 25 bar-L, or with a pressure PS greater than 200 bar;
bb
for fluids in Group 2, with a volume greater than 1L and a product of PS and V greater than 50 bar-L, or with a pressure PS greater than 1 000 bar, and all portable extinguishers and bottles for breathing apparatus;
ii
liquids having a vapour pressure at the maximum allowable temperature of not more than 0.5 bar above normal atmospheric pressure (1 013 mbar) within the following limits —
aa
for fluids in Group 1, with a volume greater than 1L and a product of PS and V greater than 200 bar-L, or with a pressure PS greater than 500 bar;
bb
for fluids in Group 2, with a pressure PS greater than 10 bar and a product of PS and V greater than 10 000 bar-L, or with a pressure PS greater than 1 000 bar;
b
fired or otherwise heated pressure equipment with the risk of overheating intended for generation of steam or super-heated water at temperatures higher than 110°C having a volume greater than 2L, and all pressure cookers;
c
piping intended for —
i
gases, liquefied gases, gases dissolved under pressure, vapours and those liquids whose vapour pressure at the maximum allowable temperature is greater than 0.5 bar above normal atmospheric pressure (1 013 mbar) within the following limits —
aa
for fluids in Group 1, with a DN greater than 25;
bb
for fluids in Group 2, with a DN greater than 32 and a product of PS and DN greater than 1 000 bar;
ii
liquids having a vapour pressure at the maximum allowable temperature of not more than 0.5 bar above normal atmospheric pressure (1 013 mbar), within the following limits —
aa
for fluids in Group 1, with a DN greater than 25 and a product of PS and DN greater than 2 000 bar;
bb
for fluids in Group 2, with a PS greater than 10 bar, a DN greater than 200 and a product of PS and DN greater than 5 000 bar;
d
subject to regulation 9, safety and pressure accessories intended for equipment covered by sub-paragraphs (a), (b) and (c), including where such equipment is incorporated into an assembly.
3
The requirements in respect of pressure equipment described in paragraph 2 are that —
a
it satisfies the relevant essential requirements and for the purpose of satisfying those requirements where a transposed harmonised standard covers one or more of the relevant essential requirements, any pressure equipment constructed in accordance with that transposed harmonised standard shall be presumed to comply with that or, as the case may be, those essential requirements;
b
the appropriate conformity assessment procedure in respect of the pressure equipment has been carried out in accordance with regulation 13(1);
c
the CE marking has been affixed to it by the manufacturer of the pressure equipment or his authorised representative established within the Community in accordance with regulation 16 and Schedule 5;
d
a declaration of conformity has been drawn up in respect of it by the manufacturer of the pressure equipment or his authorised representative established within the Community containing the information listed in Schedule 6; and
e
it is in fact safe.
4
Any technical documentation or other information in relation to an item of pressure equipment required to be retained under the conformity assessment procedure used shall be retained by the person specified in that respect in that conformity assessment procedure for any period specified in that procedure.
5
In respect of pressure equipment to be placed on the market and put into service in the United Kingdom, where the requirements of paragraphs 3.3 and 3.4 of Schedule 2 are to be met, the marking, labelling, information and instructions shall be in English.
General duty relating to the placing on the market or putting into service of assemblies
8
1
Subject to regulation 11, no person who is a responsible person shall place on the market or put into service an assembly described in paragraph 2 unless the requirements of paragraph (3) have been complied with in relation to it.
2
For the purposes of paragraph (1), an assembly is —
a
an assembly which includes at least one item of pressure equipment described in paragraph (2) of regulation 7 and —
i
is intended for generating steam or superheated water at a temperature higher than 110°C comprising at least one item of fired or other heated pressure equipment presenting a risk of overheating; or,
ii
not being a product included in sub-paragraph (i) above, is intended by the manufacturer to be placed on the market and put into service as an assembly; or
b
an assembly which is intended for generating warm water at temperatures not greater than 110°C, which is manually fed with the solid fuels and has a PS.V greater than 50 bar-L.
3
a
The requirements in respect of an assembly described in paragraph (2)(a) are that —
i
it satisfies the relevant essential requirements and for the purpose of satisfying those requirements where a transposed harmonised standard covers one or more of the relevant essential requirements, any assembly constructed in accordance with that transposed harmonised standard shall be presumed to comply with that or, as the case may be, those essential safety requirements;
ii
the appropriate conformity assessment procedure in respect of the assembly has been carried out in accordance with regulation 14;
iii
the CE marking has been affixed to it by the manufacturer of that assembly or his authorised representative established within the Community in accordance with regulation 16 and Schedule 5;
iv
a declaration of conformity has been drawn up in respect of it by the manufacturer of the assembly or his authorised representative established within the Community containing the information listed in Schedule 6; and
v
it is in fact safe.
b
The requirements in respect of any assembly described in paragraph (2)(b) are that —
i
it satisfies the essential requirements referred to in paragraphs 2.10, 2.11, 3.4, 5(a) and 5(d) of Schedule 2, and
ii
it complies with the requirements listed in sub-paragraphs (a)(ii) to (v) inclusive above.
4
Any technical documentation or other information in relation to an assembly required to be retained under the conformity assessment procedure used shall be retained by the person specified in that respect in that conformity assessment procedure for any period specified in that procedure.
5
In respect of an assembly to be placed on the market in the United Kingdom, where the requirements of paragraphs 3.3 and 3.4 of Schedule 2 are to be met, the marking, labelling, information and instructions shall be in English.
Requirement for pressure equipment or assemblies to comply with sound engineering practice
9
1
Subject to regulation 11, no person who is a responsible person shall place on the market or put into service any pressure equipment or assembly to which these Regulations apply below or equal to the limits in regulations 7(2)(a), (b) or (c) or regulation 8(2) unless the requirements of paragraph (2) below have been complied with in relation to it.
2
The requirements referred to in paragraph (1) are that the pressure equipment or assembly —
a
is designed and manufactured in accordance with sound engineering practice in order to ensure safe use;
b
must be accompanied by adequate instructions for use;
c
must bear markings to permit identification of the manufacturer or of his authorised representative established within the Community; and
d
be safe.
3
For the avoidance of doubt, pressure equipment or assemblies to which this regulation applies shall not bear the CE marking.
General duty relating to the supply of pressure equipment and assemblies
10
Subject to regulation 11, no person, who is not a responsible person, shall supply any pressure equipment or assembly unless that pressure equipment or assembly is safe.
Exceptions to placing on the market or supply in respect of certain pressure equipment and assemblies
11
For the purposes of regulation 7, 8, 9, or 10, pressure equipment or an assembly shall not be regarded as being placed on the market or supplied, as the case may be —
a
where that pressure equipment or assembly —
i
will be put into service in a country outside the Community; or
ii
is imported into the Community for re-export to a country outside the Community,
save that this paragraph shall not apply if the CE marking, or any inscription liable to be confused therewith, is affixed thereto; or
b
by the exhibition at trade fairs and exhibitions of that pressure equipment or an assembly, in respect of which the provisions of these Regulations are not satisfied, if —
i
a notice is displayed in relation to the pressure equipment or assembly in question to the effect —
aa
that it does not satisfy those provisions; and
bb
that it may not be placed on the market or supplied until those provisions are satisfied by the manufacturer of pressure equipment or assembly or his authorised representative established within the Community; and
ii
appropriate safety measures are taken when demonstrating such pressure equipment or assembly to ensure the safety of persons.
Classification of pressure equipment
12
1
For the purposes of regulation 13, pressure equipment referred to in regulation 7(2) shall be classified by category in accordance with Schedule 3 according to ascending level of hazard.
2
The appropriate table for pressure equipment coming within regulation 7(2)(a) to (c) inclusive shall be as follows:
for pressure equipment coming within,
regulation 7(2)(a)(i)(aa), table 1;
regulation 7(2)(a)(i)(bb), table 2;
regulation 7(2)(a)(ii)(aa), table 3;
regulation 7(2)(a)(ii)(bb), table 4;
regulation 7(2)(b), table 5;
regulation 7(2)(c)(i)(aa), table 6;
regulation 7(2)(c)(i)(bb), table 7;
regulation 7(2)(c)(ii)(aa), table 8; or
regulation 7(2)(c)(ii)(bb), table 9.
3
For pressure equipment coming within regulation 7(2)(d), the category shall be determined in accordance with paragraphs 2 and 3 of Schedule 3.
4
Where a vessel is composed of a number of chambers, it shall be classified in the highest category applicable to the individual chambers and where a chamber contains several fluids, classification shall be on the basis of the fluid which requires the highest category.
Conformity assessment procedures for pressure equipment
13
1
For the purposes of regulation 7(3)(b), the appropriate conformity assessment procedure for pressure equipment shall be one of the procedures set out in Schedule 4 as determined in accordance with paragraph (3).
2
The manufacturer shall apply either,
i
one of the conformity assessment procedures which may be chosen from among those laid down in paragraph (3) for the category in which the pressure equipment is classified, or
ii
one of the procedures which apply to a higher category of pressure equipment, if available.
3
The relevant conformity assessment procedures set out in Schedule 4 to be applied for the various categories of pressure equipment determined in accordance with regulation 12 above are as follows:
i
for category I, module A;
ii
for category II, any of the following modules:
A1,
D1, or
E1;
iii
for category III, any of the following modules:
B1 plus D,
B1 plus F,
B plus E,
B plus C1, or
H;
iv
for category IV , any of the following modules:
B plus D,
B plus F,
G, or
H1.
Conformity assessment procedure for assemblies
14
For the purposes of regulation 8(3)(a)(ii), the relevant conformity assessment procedure to be applied by the manufacturer in respect of the assembly shall be a global conformity assessment procedure comprising:
a
assessment of each item of pressure equipment making up the assembly and referred to in regulation 7(2)(a) to (d) which has not been previously subjected to a conformity assessment procedure and to a separate CE marking; the assessment procedure shall be determined by the category of each item of equipment;
b
the assessment of the integration of the various components of the assembly as referred to in paragraphs 2.3, 2.8 and 2.9 of Schedule 2 which shall be determined by the highest category applicable to the equipment concerned other than that applicable to any safety accessories;
c
the assessment of the protection of an assembly against exceeding the permissible operating limits as referred to in paragraphs 2.10 and 3.2.3 of Schedule 2 shall be conducted in the light of the highest category applicable to the items of equipment to be protected.
Exclusion for pressure equipment and assemblies for use for experimentation
15
1
Regulations 13 and 14 shall not apply to an item of pressure equipment or an assembly the use of which is in the interests of experimentation.
2
For the purpose of this regulation “experimentation” means pressure equipment or an assembly designed or adapted for the purpose only of conducting any test or measurement in relation to that pressure equipment or assembly.
CE marking
16
1
The CE marking shall be accompanied by the identification number of the notified body involved at the production control phase.
2
Subject to paragraph (3), the CE marking shall be affixed in a visible, easily legible and indelible fashion to each item of pressure equipment referred to in regulation 7, or assembly referred to in regulation 8 which is complete or is in a state permitting final assessment as described in paragraph 3.2 of Schedule 2.
3
It is not necessary for the CE marking to be affixed to each individual item of pressure equipment making up an assembly as referred to in regulation 8 but individual items of pressure equipment already bearing the CE marking when incorporated into the assembly shall continue to bear that marking.
4
Subject to paragraph (5), where the pressure equipment or assembly is subject to other Directives covering other aspects which provide for the affixing of the CE marking, the latter shall indicate that the pressure equipment or assembly in question is also presumed to conform to the provisions of those other Directives.
5
Where one or more of the other Directives referred to in paragraph (4) allow the manufacturer, during a transitional period, to choose which arrangements to apply, the CE marking shall indicate conformity only with the Directives applied by the manufacturer, and in this case, particulars of the Directives applied, as published in the Official Journal of the European Communities, must be given in the documents, notices or instructions required by the Directives and accompanying the pressure equipment or assembly.
6
The affixing of markings on pressure equipment or an assembly which are likely to mislead third parties as to the meaning or form of the CE marking is prohibited.
7
Any other marking may be affixed to pressure equipment or an assembly provided that the visibility and legibility of the CE marking is not thereby reduced.
European approval for materials
17
European approval for materials shall be issued, at the request of one or more manufacturers of materials or equipment, by one of the notified bodies referred to in regulation 18 specifically designated for that task and in accordance with the procedures set out in Schedule 7.
Notified bodies
18
For the purposes of these Regulations, a notified body is a body which has been appointed to carry out one or more of the conformity assessment procedures mentioned or referred to in regulation 13 or 14 or to issue a European approval for materials as referred to in regulation 17 and which has been —
a
appointed as a notified body in the United Kingdom pursuant to regulation 20; or
b
appointed by a member State other than the United Kingdom, and has been notified by the member State concerned to the Commission and the other member States pursuant to Article 12 of the Pressure Equipment Directive.
Recognised third-party organisations
19
For the purposes of these Regulations, a recognised third-party organisation, is an organisation which has been appointed for the purposes of carrying out the tasks referred to in paragraphs 3.1.2 and 3.1.3 of Schedule 2, and which has been —
a
appointed as a recognised third-party organisation in the United Kingdom pursuant to regulation 20; or
b
appointed by a member State other than the United Kingdom, and has been notified by the member State concerned to the Commission and the other member States pursuant to Article 12 of the Pressure Equipment Directive.
Notified bodies and recognised third-party organisations appointed by the Secretary of State
20
1
The Secretary of State may from time to time appoint such persons as he thinks fit to be notified bodies or recognised third-party organisations for the purposes of these Regulations.
2
An appointment —
a
may relate to all descriptions of pressure equipment or assemblies or such descriptions (which may be framed by reference to any circumstances whatsoever) of pressure equipment or assemblies as the Secretary of State may from time to time determine;
b
may be made subject to such conditions as the Secretary of State may from time to time determine, and such conditions may include conditions which are to apply upon or following termination of the appointment;
c
shall, without prejudice to the generality of sub-paragraph (b) and subject to paragraph (4), require that body to carry out the procedures and specific tasks for which it has been appointed including (where so provided as part of those procedures) surveillance to ensure that the manufacturer of the pressure equipment or assemblies or his authorised representative established within the Community or the importer, as the case may be, duly fulfils the obligations arising out of the relevant conformity assessment procedure;
d
shall be terminated upon 90 days' notice in writing to the Secretary of State at the request of the notified body or recognised third-party organisation; and
e
may be terminated if it appears to the Secretary of State that any of the conditions of the appointment are not complied with.
3
Subject to paragraphs (2)(d) and (e), an appointment under this regulation may be for the time being or for such period as may be specified in the appointment.
4
A notified body or recognised third-party organisation appointed by the Secretary of State shall not be required to carry out the functions referred to in paragraph (2)(c) if —
a
the documents submitted to it in relation to carrying out such functions are not in English or another language acceptable to that body;
b
the person making the application has not submitted with his application the amount of the fee which the body requires to be submitted with the application pursuant to regulation 21; or
c
the body reasonably believes that, having regard to the number of applications made to it in relation to its appointment under these Regulations which are outstanding, it will be unable to commence the required work within three months of receiving the application.
5
If for any reason the appointment of a notified body or recognised third-party organisation is terminated under this regulation, the Secretary of State may —
a
give such directions (either to the body the subject of the termination or to another notified body or recognised third-party organisation) for the purpose of making such arrangements for the determination of outstanding applications as he considers appropriate; and
b
without prejudice to the generality of the foregoing, authorise another notified body or recognised third-party organisation to take over its functions in respect of such cases as he may specify.
6
Where a notified body is minded to refuse to issue an EC type-examination certificate or EC design-examination certificate it shall —
a
give notice in writing to the applicant of the reasons why it is minded to do so; and
b
give the applicant the opportunity to make representations within a period of 28 days of the said notice being given and consider any representations made within that period by the applicant.
7
In the framework of quality assurance procedures for pressure equipment in categories III and IV referred to in regulations (2)(a)(i) and (ii)(aa) and (b) the notified body shall,
a
when performing unexpected visits, take a sample of equipment from the manufacturing or storage premises in order to perform, or have performed, the final assessment as referred to in paragraph 3.2.2 of Schedule 2 and to this end, the manufacturer shall inform the notified body of the intended schedule of production, and
b
shall carry out at least two visits during the first year of manufacturing, the frequency of subsequent visits being determined by the notified body on the basis of the criteria set out in section 4.4 of the relevant modules.
8
In the case of one-off production of vessels and pressure equipment in category III referred to in regulation 7(2)(b) under the module H procedure, the notified body shall perform or have performed the final assessment, as referred to in paragraph 3.2.2 of Schedule 2, for each unit and to this end, the manufacturer shall communicate the intended schedule of production to the notified body.
Fees
21
1
Without prejudice to the power of the Secretary of State, where he is appointed as a notified body in the United Kingdom, to charge fees pursuant to regulations made under section 56 of the Finance Act 1973 and subject to paragraph (2), a notified body or recognised third-party organisation appointed by the Secretary of State may charge such fees in connection with, or incidental to, carrying out its duties in relation to the functions referred to in regulation 20(2)(c) as it may determine; provided that such fees shall not exceed the sum of the following —
a
the costs incurred or to be incurred by the notified body or recognised third-party organisation in performing the relevant function; and
b
an amount on account of profit which is reasonable in the circumstances having regard to —
i
the character and extent of the work done or to be done by the body on behalf of the applicant; and
ii
the commercial rate normally charged on account of profit for that work or similar work.
2
The power in paragraph (1) includes the power to require the payment of fees or a reasonable estimate thereof in advance of carrying out the work requested by the applicant.
User inspectorates
22
1
For the purposes of these Regulations, a user inspectorate is a body which has been appointed to carry out one or more of the conformity assessment procedures referred to in regulations 13 and 14 and as more specifically defined in paragraph (7) and, which has been —
a
appointed in the United Kingdom pursuant to paragraph (2); or,
b
appointed by a member State other than the United Kingdom, and has been notified by the member State concerned to the Commission and other member States pursuant to Article 12 of the Pressure Equipment Directive.
2
The Secretary of State may from time to time appoint such persons and on such conditions as he thinks fit to be a user inspectorate.
3
No body shall be appointed under this regulation unless the Secretary of State is satisfied that the group of which the user inspectorate is part applies a common safety policy as regards the technical specifications for the design, manufacture, inspection, maintenance and use of pressure equipment and assemblies.
4
An appointment —
a
may relate to all descriptions of pressure equipment or assemblies or such descriptions (which may be framed by reference to any circumstances whatsoever) of pressure equipment or assemblies as the Secretary of State may from time to time determine;
b
may be made subject to such conditions as the Secretary of State may from time to time determine, and such conditions may include conditions which are to apply upon or following termination of the appointment;
c
shall, without prejudice to the generality of sub-paragraph (b) above, require that body, subject to paragraph (10), to carry out the procedures and specific tasks for which it has been appointed including (where so provided as part of those procedures) surveillance to ensure that the manufacturer of the pressure equipment or assemblies or his authorised representative established within the Community or the importer, as the case may be, duly fulfils the obligations arising out of the relevant conformity assessment procedure;
d
shall be terminated upon 90 days' notice in writing to the Secretary of State at the request of the user inspectorate; and
e
may be terminated if it appears to the Secretary of State that any of the conditions of the appointment are not complied with.
5
Subject to paragraphs (4)(d) and (e), an appointment under this regulation may be for the time being or for such period as may be specified in the appointment.
6
The user inspectorates shall act exclusively for the group of which they are part.
7
The conformity assessment procedures applicable by user inspectorates shall be modules A1, C1, F and G, as described in Schedule 4 and for this purpose references in those modules to “notified body” shall be read as if they are references to “user inspectorate”.
8
The pressure equipment and assemblies to which the application relates may be used only in establishments operated by the group of which the user inspectorate is part.
9
The pressure equipment and assembly, the conformity of which has been assessed by a user inspectorate, shall not bear the CE marking.
10
A user inspectorate appointed by the Secretary of State shall not be required to carry out the functions referred to in paragraph (4)(c) if the documents submitted to it in relation to carrying out such functions are not in English or another language acceptable to that body.
Conditions for pressure equipment and assemblies being taken to conform with the provisions of these Regulations
23
1
Subject to paragraph (2), any pressure equipment or assembly which —
a
bears the CE marking in accordance with regulation 7(3)(c) or 8(3)(a)(iii); and
b
is accompanied by an EC declaration of conformity in accordance with regulation 7(3)(d) or 8(3)(a)(iv),
shall be taken to conform with all the provisions of these Regulations which apply to it, including the appropriate conformity assessment procedure specified in regulation 13, unless there are reasonable grounds for suspecting that it does not so conform.
2
Paragraph (1) does not apply in relation to an enforcement authority where a person fails or refuses to make available to the enforcement authority the documentation which he is required, by the conformity assessment procedure which applies to that pressure equipment or assembly, to retain a copy thereof.
PART IV
ENFORCEMENT
Application of Schedule 8
24
1
Subject to paragraph (2), Schedule 8 shall have effect for the purposes of providing for the enforcement of these Regulations and for matters incidental thereto.
2
Except in the case of pressure equipment or an assembly which, in the opinion of an enforcement authority, is liable to endanger the safety of persons and, where appropriate, domestic animals or property, where an enforcement authority has reasonable grounds for suspecting that the CE marking has been affixed to pressure equipment or an assembly and in relation to which any provision of these Regulations has not been complied with it may serve notice in writing on —
a
the manufacturer of the pressure equipment or assembly or his authorised representative established within the Community; or
b
in a case where neither the manufacturer of the pressure equipment or assembly nor his authorised representative established within the Community has placed the pressure equipment or assembly on the market, the person who places it on the market in the United Kingdom;
and subject to paragraph (3), no other action pursuant to Schedule 8 may be taken, and no proceedings may be brought pursuant to regulation 25, in respect of that pressure equipment or assembly until such notice has been given and the person to whom it is given has failed to comply with its requirements.
3
Notwithstanding the provisions of paragraph (2), for the purposes of ascertaining whether or not the CE marking has been correctly affixed, action may be taken pursuant to section 20 of the Health and Safety at Work etc. Act 1974 or, in Northern Ireland, pursuant to Article 22 of the Health and Safety at Work (Northern Ireland) Order 1978 or section 29 of the Consumer Protection Act 1987 , as they are applied by Schedule 8.
4
A notice which is given under paragraph (2) shall —
a
state that the enforcement authority suspects that the CE marking has not been correctly affixed to the pressure equipment or assembly;
b
specify the respect in which it is so suspected and give particulars thereof;
c
require the person to whom the notice is given —
i
to secure that any pressure equipment or assembly to which the notice relates conforms as regards the provisions concerning the correct affixation of the CE marking within such period as may be specified in the notice; or
ii
to provide evidence within that period, to the satisfaction of the enforcement authority, that the CE marking has been correctly affixed; and
d
warn that person that if the non-conformity continues after, or if satisfactory evidence has not been provided within, the period specified in the notice, further action may be taken under these Regulations in respect of that pressure equipment or assembly or pressure equipment or assembly of the same type placed on the market by that person.
Offences
25
Any person who —
a
contravenes or fails to comply with regulation 7(1), 8(1), 9(1) or 10,
b
fails to supply or retain a copy of the declaration of conformity as required by regulation 7(4); or
c
fails to comply with the requirements of regulation 7(5) or 8(5),
shall be guilty of an offence.
Penalties
26
1
A person guilty of an offence under regulation 25(a) shall be liable on summary conviction —
a
to imprisonment for a term not exceeding 3 months; or
b
to a fine not exceeding level 5 on the standard scale,
or to both.
2
A person guilty of an offence under regulation 25(b) or (c) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Defence of due diligence
27
1
Subject to the following provisions of this regulation, in proceedings against any person for an offence under regulation 25 above it shall be a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.
2
Where in any proceedings against any person for such an offence the defence provided by paragraph (1) involves an allegation that the commission of the offence was due —
a
to the act or default of another; or
b
to reliance on information given by another,
that person shall not, without the leave of the court, be entitled to rely on the defence unless, not less than seven clear days before the hearing of the proceedings (or, in Scotland, the trial diet), he has served a notice under paragraph (3) on the person bringing the proceedings.
3
A notice under this paragraph shall give such information identifying or assisting in the identification of the person who committed the act or default or gave the information as is in the possession of the person serving the notice at the time he serves it.
4
It is hereby declared that a person shall not be entitled to rely on the defence provided by paragraph (1) by reason of his reliance on information supplied by another, unless he shows that it was reasonable in all the circumstances for him to have relied on the information, having regard in particular —
a
to the steps which he took, and those which might reasonably have been taken, for the purpose of verifying the information; and
b
to whether he had any reason to disbelieve the information.
Liability of persons other than the principal offender
28
1
Where the commission by any person of an offence under regulation 25 is due to the act or default committed by some other person in the course of any business of his, the other person shall be guilty of the offence and may be proceeded against and punished by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.
2
Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
3
Where the affairs of a body corporate are managed by its members, paragraph (2) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
4
In this regulation, references to a “body corporate” include references to a partnership in Scotland and, in relation to such partnership, any reference to a director, manager, secretary or other similar officer of a body corporate is a reference to a partner.
Consequential amendments
29
1
In the Provision and Use of Work Equipment Regulations 1998 , at the end of column (1) of Schedule 1, there shall be added the words “The Pressure Equipment Regulations 1999” and at the end of column (2) the words “ S.I. 1999/2001 ”.
2
In the Provision and Use of Work Equipment Regulations (Northern Ireland) 1999 , at the end of column (1) of Schedule 2, there shall be added the words “The Pressure Equipment Regulations 1999” and at the end of column (2) the words “S.I. 1999/2001 ”.
3
In regulation 10(1) of the Pressure Vessels (Verification) Regulations 1988 there shall be inserted after the words “pressure vessel” the words “, not being one to which the Pressure Equipment Regulations 1999 apply,”.
4
In regulation 10(1) of the Pressure Vessels (Verification) Regulations (Northern Ireland) 1993 there shall be inserted after the words “pressure vessel” the words “, not being one to which the Pressure Equipment Regulations 1999 apply,”.
John Battle,
Minister for Energy & Industry,
Department of Trade and Industry
15th July 1999


text:
Citation and commencement
1
These Regulations may be cited as the Telecommunications (Licence Modification) (Fixed Voice Telephony and International Facilities Operator Licences) Regulations 1999 and shall come into force on 27th September 1999.
Interpretation
2
In these Regulations —
“the 1984 Act ” means the Telecommunications Act 1984 ;
“the former licences” means the relevant licences in the form they were in immediately before the coming into force of these Regulations;
“the Kingston Communications (Hull) PLC licence” means the licence granted by the Secretary of State under section 7 of the 1984 Act to Kingston Communications (Hull) PLC on 24 March 1999;
“the Mercury Communications licence” means the licence granted by the Secretary of State under section 7 of the 1984 Act to Mercury Communications Limited on 5 November 1984;
“the modified licences” means the relevant licences as amended by these Regulations;
“the relevant licences” means the relevant fixed voice telephony licences and the relevant international facilities operator licences;
“the relevant fixed voice telephony licences” means the licences granted by the Secretary of State under section 7 of the 1984 Act to the persons specified in column 1 of Schedule 1 hereto on the date specified against each person in column 2 thereof;
“the relevant international facilities operator licences” means the licences granted by the Secretary of State under section 7 of the 1984 Act to the persons specified in column 1 of Parts A and B of Schedule 2 hereto on the date specified against each person in column 2 thereof;
“the revoked licences” means the licences granted by the Secretary of State under section 7 of the 1984 Act to the persons specified in column 1 of Schedule 5 hereto on the date specified against each person in column 2 thereof;
“the standard Schedules” means the Schedules to the Telecommunications (Licence Modification) (Standard Schedules) Regulations 1999 ; and
“the Videotron City and Westminster licence” means the licence granted by the Secretary of State under section 7 of the 1984 Act to Videotron City and Westminster Limited on 3 March 1994.
Modification of the relevant licences
3
The relevant licences are hereby modified as follows: —
a
for the Table of Contents there shall be substituted the Table of Contents set out in Schedule 3 hereto;
b
in paragraph 1,
i
for the words “telecommunication systems of every description” there shall be substituted the words “telecommunication systems specified in Annex A”;
ii
in the case of the Videotron City and Westminster licence, for the words “Annex A” there shall be substituted the words “Annex B”;
c
for the words “shall be of six months' duration” to the end
i
in the case of the relevant international facility operator licences specified in Part A of Schedule 2 hereto, in paragraph 2 thereof, and
ii
in the case of the relevant international facility operator licences specified in Part B of that Schedule and in the case of the Kingston Communications (Hull) PLC licence, in paragraph 3 thereof,
there shall be substituted the words “shall be of twenty five years' duration in the first instance but, without prejudice to Schedule 2 to this Licence, shall be subject to revocation thereafter on ten years' notice in writing of such revocation and such notice shall accordingly not be given before the end of the fifteenth year after the granting of this Licence.”;
d
in the case of the Kingston Communications (Hull) PLC licence, in paragraph 5 for the words “Annex A” there shall be substituted the words “Annex B”;
e
in the case of the relevant international facility operator licences specified in Part A of Schedule 2 hereto, for paragraph 6 there shall be substituted the following paragraph —
6
Where this Licence provides for any power of the Secretary of State or the Director to give any direction, notice or consent or make any specification, or of the Director to make any designation or determination, it implies, unless a contrary intention appears, a power, exercisable in the same manner and subject to the same conditions or limitations, to revoke, amend or give or make again any such direction, notice, consent, specification, designation or determination; and any reference however expressed to the Director making any determination or giving any direction or consent about any matter shall be construed as making such determination or giving such direction or consent after consultation with the Licensee and where appropriate with any other person who may have a relevant interest in the matter to which the determination, direction or consent relates.;
f
in the case of the relevant fixed voice telephony licences, other than the Mercury Communications licence, and the relevant international facilities operator licences specified in Part B of Schedule 2 hereto, for paragraph 7 there shall be substituted as paragraph 7 the paragraph set out in sub-paragraph (e) above;
g
in case of the Mercury Communications licence, after paragraph 3 there shall be added the following paragraphs —
Interpretation
4
The Interpretation Act 1978 shall apply for the purpose of interpreting this Licence as if it were an Act of Parliament. In this Licence, except as hereinafter provided or unless the context otherwise requires, words or expressions shall have the meaning assigned to them and otherwise any word or expression shall have the meaning it has in the Act. For the purposes of interpreting this Licence, headings and titles shall be disregarded.
5
In this Licence, “Licence” means a licence granted or having effect as if granted under section 7 of the Act.
6
For the purposes of this Licence the “Applicable Systems” means any or all of the telecommunication systems run by the Licensee under this Licence, unless the context otherwise requires.
7
Where this Licence provides for any power of the Secretary of State or the Director to give any direction, notice or consent or make any specification, or of the Director to make any designation or determination, it implies, unless a contrary intention appears, a power, exercisable in the same manner and subject to the same conditions or limitations, to revoke, amend or give or make again any such direction, notice, consent, specification, designation or determination; and any reference however expressed to the Director making any determination or giving any direction or consent about any matter shall be construed as making such determination or giving such direction or consent after consultation with the Licensee and where appropriate with any other person who may have a relevant interest in the matter to which the determination, direction or consent relates.
8
Any notification which is required to be given under this Licence by the Secretary of State or the Director shall be satisfied by serving the document by post on the Licensee at the Licensee’s registered office.;
h
for Schedule 1 there shall be substituted Schedule 1 of the standard Schedules,
i
for Schedule 2 there shall be substituted Schedule 2 of the standard Schedules;
j
for Schedule 3 there shall be substituted Schedule 3 of the standard Schedules;
k
in the case of the relevant fixed voice telephony licences and the relevant international facilities operator licences specified in Part B of Schedule 2 hereto, for Schedule 4 there shall be substituted Schedule 4 of the standard Schedules;
l
in the case of
aa
the relevant international facilities operator licences specified in Part A of Schedule 2 hereto, after Schedule 3 thereof; and
bb
the relevant fixed voice telephony licences, other than the Kingston Communications (Hull) PLC licence, the Mercury Communications licence and the Videotron City and Westminster licence, and the relevant international facilities operator licences specified in Part B of Schedule 2 hereto, after Schedule 4 thereof,
there shall be added Annex A as set out in Schedule 4 hereto;
m
in the case of the Mercury Communications licence for Annex A there shall be substituted Annex A as set out in Schedule 4 hereto; and
n
in the case of the Kingston Communications (Hull) PLC licence and the Videotron City and Westminster licence Annex A shall be re-numbered Annex B and there shall be inserted Annex A as set out in Schedule 4 hereto.
Transitional provisions
4
1
So far as anything done or treated as done under or for the purposes of any provision of the former licences or the revoked licences could have been done under or for the purposes of the corresponding provision of the modified licences, it shall have effect as if done under or for the purposes of the corresponding provision; and any direction, notice, consent, specification, designation or determination or other decision made or having effect under any provision of the former licences or the revoked licences, as the case may be, shall be treated for all purposes as made and having effect under the corresponding provision.
2
Where any period of time specified in a provision of the former licences or the revoked licences is current immediately before the coming into force of these Regulations, the corresponding provision of the modified licences shall have effect as if that period of time
a
ran from the date or event from which it was running immediately before the coming into force of these Regulations, and
b
expired whenever it would have expired if the former licences or the revoked licences had not been modified or revoked, as the case may be;
and any rights, liabilities, obligations or requirements dependent on the beginning, duration or end of such a period as mentioned above shall be under the modified licences as they were or would have been under the former licences or the revoked licences, as the case may be.
Revocation of licences
5
The licences granted by the Secretary of State under section 7 of the 1984 Act to the persons specified in column 1 of Schedule 5 hereto on the dates specified against each person in column 2 thereof are revoked.
Patricia Hewitt,
Minister of State for Small Business and E Commerce,
Department of Trade and Industry
3rd September 1999


text:
1
This Order may be cited as the Crime and Disorder Strategies (Prescribed Descriptions) (Amendment) Order 1999 and shall come into force on 1st April 1999.
2
In article 3(2) of the Crime and Disorder Strategies (Prescribed Descriptions) Order 1998 , at the end there shall be added:
v
the chief officer of the fire brigade for an area any part of which lies within that area;
w
the British Transport Police.
.
Paul Boateng
Minister of State
Home Office
26th February 1999


text:
Citation and commencement
1
This Order may be cited as the Social Security (Industrial Injuries) (Dependency) (Permitted Earnings Limits) Order 1999 and shall come into force on 12th April 1999.
Increase of earnings limits in respect of dependent children
2
In paragraph 4 of Schedule 7 to the Social Security Contributions and Benefits Act 1992–
a
in sub-paragraph (4)(a), for the amount of £140 there shall be substituted the amount of £145;
b
in sub-paragraph (4)(b), for the amounts of £18 and £140 there shall be substituted the amounts of £19 and £145 respectively.
Revocation
3
The Social Security (Industrial Injuries) (Dependency) (Permitted Earnings Limits) Order 1998 is hereby revoked.
Signed by authority of the Secretary of State for Social Security.
Stephen C. Timms
Minister of State,
Department of Social Security
2nd March 1999


text:
Citation and commencement
1
This Order may be cited as the Mount Vernon and Watford Hospitals National Health Service Trust (Establishment) Amendment Order 1999 and shall come into force on 1st July 1999.
Amendment of NHS Trust Establishment Order
2
For paragraph (2) of article 3 of the Mount Vernon and Watford Hospitals National Health Service Trust (Establishment) Order 1994 (nature and functions of the trust), there shall be substituted the following paragraph —
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more Health Authorities) shall be to own and manage hospital accommodation and services provided at Watford General Hospital, Vicarage Road, Watford, Herts WD1 8HB and associated hospitals and to manage services other than local acute services at Mount Vernon Hospital, Rickmansworth Road, Northwood, Middlesex HA6 2RN.
.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
21st June 1999


text:
1
These Regulations may be cited as the Premium Savings Bonds (Amendment) Regulations 1999 and shall come into force on 3rd January 2000.
2
Regulation 4 of the Premium Savings Bonds Regulations 1972 (persons entitled to purchase and hold bonds) shall be amended —
a
in paragraph (3) —
i
by omitting the word “and” at the end of sub-paragraph (a) and inserting it at the end of sub-paragraph (b), and
ii
by inserting after sub-paragraph (b) the following new sub-paragraph —
c
subject to the approval of the Director of Savings, on behalf of and in the name of an eligible person, by any other person acting in pursuance of a power of attorney created by that eligible person;
; and
b
by inserting after paragraph (4) the following new paragraph —
5
In this Regulation, “eligible person” means any person who —
a
may purchase a bond under paragraph (1) of this Regulation, or
b
is a mentally disordered person.
.
David Jamieson
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
9th December 1999


text:
Citation and commencement
1
These Regulations may be cited as the Education Act 1996 (Grant-Maintained Schools) (Grants to Governing Bodies in Liquidation) (Modification) Regulations 1999, and shall come into force on 1st April 1999.
Modification of section 276 of the Education Act 1996
2
With effect from 1st April 1999, section 276 of the Education Act 1996 shall have effect as if each reference in that provision to the funding authority were a reference to the Secretary of State.
Estelle Morris
Minister of State,
Department for Education and Employment
2nd March 1999


text:
Citation
1
This Order maybe cited as the City of Edinburgh (Guided Busways) Order (Section 5l) Order 1999.
Specified date
2
For the purposes of section 2(2) of the City of Edinburgh (Guided Busways) Order, 14th April 1999 is hereby specified as the day on which section 51 (Disapplication) of that Order comes into force.
Calum MacDonald
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
11th April 1999


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Assisted Places) (Amendment) Regulations 1999, and shall come into force on 1st September 1999.
2
These Regulations shall apply in relation to a school year beginning on or after the date mentioned in paragraph (1).
Amendment of the Education (Assisted Places) Regulations 1997
2
1
The Education (Assisted Places) Regulations 1997 shall be amended as follows.
2
In regulation 10(4) and (6), for “£1,265” in each place where it appears there shall be substituted “£1,300”.
3
In paragraph 1 of Schedule 2, for “£10,414” there shall be substituted “£10,670”.
4
For the table following paragraph 2(1) of that Schedule there shall be substituted the following table–
TABLE
(1) (2) (3) (4) Part of relevant income to which specified percentage applies Only assisted pupil Each of two assisted pupils Each of three assisted pupils (%) (%) (%)
That part (if any) which exceeds £10,504 but does not exceed £11,423 9 6.75 5.25 That part (if any) which exceeds £11,423 but does not exceed £12,354 12 9 7 That part (if any) which exceeds £12,354 but does not exceed £14,204 15 11·25 8·75 That part (if any) which exceeds £14,204 but does not exceed £17,055 21 15·75 12·25 That part (if any) which exceeds £17,055 but does not exceed £20,771 24 18 14 That part (if any) which exceeds £20,771 33 24·75 19·25
.
Charles Clarke
Parliamentary Under Secretary of State,
Department for Education and Employment
25th May 1999
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
27th May 1999


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Stoke on Trent City Council) Order 1999 and shall come into force on 10th March 1999.
Exemption of repair, maintenance and management of vehicles
2
The repair and maintenance of vehicles , and the management of vehicles by Stoke on Trent City Council shall not be treated as defined activities so long as they are carried out during the period beginning with 10th March 1999 and ending immediately before 1st June 1999.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
10th February 1999


text:
1
This Order may be cited as the Capital Gains Tax (Annual Exempt Amount) Order 1999.
2
The amount specified, which by virtue of section 3 of the Taxation of Chargeable Gains Act 1992 is, unless Parliament otherwise determines, the exempt amount for the year 1999–00, is £7,100.
David Jamieson
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
9th March 1999


text:
Citation and commencement
1
This Order may be cited as the Northern Birmingham Mental Health National Health Service Trust (Establishment) Amendment Order 1999 and shall come into force on 10th November 1999.
Amendment of NHS trust Establishment Order
2
For article 3 of the Northern Birmingham Mental Health National Health Service Trust (Establishment) Order 1994 there shall be substituted the following article —
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and the following services for the purposes of the health service, namely hospital services (including teaching and research facilities) and community health services, at or from the following hospitals, establishments or facilities —
a
71 Fentham Road, Erdington, Birmingham B23 6AL,
b
premises at Lodge Road, and premises off Lodge Road, Birmingham B18 5SD,
c
premises at Reservoir Road, Birmingham B23 6AX, and,
d
premises at the junction of Highcroft Road and Fentham Road, Birmingham B23 6AX,
and at any associated premises.
.
Signed by authority of the Secretary of State for Health.
Yvette Cooper
Parliamentary Under Secretary of State for Public Health
Department of Health
29th October 1999