text:
PART I
INTRODUCTION
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Financing of Maintained Schools Regulations 1999 and shall come into force on the seventh day after the day on which they are made.
2
These Regulations shall apply for the purposes of the financing of maintained schools in any financial year beginning on or after 1st April 1999.
3
In these Regulations —
“the 1996 Act ” means the Education Act 1996 ;
“the 1998 Act ” means the School Standards and Framework Act 1998;
“the 1998 Regulations ” mean the Education (Grant-maintained and Grant-maintained Special Schools) (Finance) Regulations 1998 .
4
In these Regulations “maintained school” means —
a
in relation to the period ending immediately before 1st September 1999, a county, voluntary, maintained special, grant-maintained or grant-maintained special school within the meaning of the 1996 Act; and
b
in relation to the period beginning on 1st September 1999, a community, foundation or voluntary school or a community or foundation special school.
5
In these Regulations a reference (however framed) to a county, voluntary or maintained special school within the meaning of the 1996 Act includes a proposed school proposals for the establishment of which have been published under section 35, 41 or 339(1) of the 1996 Act but not yet implemented and which has a temporary governing body.
6
In these Regulations a reference (however framed) to a community, foundation or voluntary school or a community or foundation special school includes a proposed school which on implementation of proposals under section 35, 41 or 339(1) of the 1996 Act or section 28 or 31 of, or paragraph 5 of Schedule 7 to, the 1998 Act will be such a school and which has a temporary governing body.
7
In these Regulations a reference to a governing body includes the temporary governing body of a proposed school falling within paragraph (5) or (6).
8
In these Regulations a reference to a primary or secondary school —
a
in relation to the period ending immediately before 1st September 1999, means a primary or secondary school which is a county, voluntary or grant-maintained school within the meaning of the 1996 Act; and
b
in relation to the period beginning on 1st September 1999, means a primary or secondary school which is a community, foundation or voluntary school.
9
In these Regulations a reference (however framed) to schools maintained by a local education authority does not include schools which are not maintained schools as defined in paragraph (4).
10
In these Regulations a reference to the permanent exclusion of a pupil is a reference to his permanent exclusion as defined from time to time for the purposes of section 494 of the 1996 Act .
11
Unless the context otherwise requires, words or expressions used in these Regulations set out in the first column of the following table shall have the meanings attributed to them by the provisions set out opposite thereto in the second column.
budget share section 47(1) of the 1998 Act delegated budget section 49(7) of the 1998 Act expenditure regulation 2(2) of these Regulations (for the purposes of Part II of these Regulations) financial year section 579(1) of the 1996 Act formula regulation 10 of these Regulations individual schools budget section 46(2) of the 1998 Act key stage section 355 of the 1996 Act local schools budget section 46(1) of the 1998 Act maintained school regulation 1(4) of these Regulations maintenance grant sections 244(1) and 250(1) of the 1996 Act nursery school section 6(1) of the 1996 Act permanent exclusion regulation 1(10) of these Regulations scheme section 48(5) of the 1998 Act (in relation to the period on and after 1st April 1999) or section 101(1) of the 1996 Act (in relation to the period before 1st April 1999) school maintained by a local education authority regulation 1(9) of these Regulations school year section 579(1) of the 1996 Act special educational needs section 312(1) of the 1996 Act.
12
Unless the context otherwise requires, a reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation of, or Schedule to, these Regulations so numbered and a reference to a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.
PART II
LOCAL AND INDIVIDUAL SCHOOLS BUDGET
Local schools budget
2
1
The classes or descriptions of local education authority expenditure specified in sub-paragraphs (a) and (b) below are hereby prescribed for the purposes of section 46(1) of the 1998 Act and the determination of a local education authority’s local schools budget subject to the exceptions in regulation 3 —
a
expenditure incurred in connection with the authority’s functions in relation to the provision of primary and secondary education; and
b
expenditure on items listed in paragraph 25(a) to (d) and (r) to (t) of Schedule 1 or, as the case may be, paragraph 28(a) to (d) and (r) to (t) of Schedule 2, in so far as such expenditure does not fall within sub-paragraph (a) above.
2
For the purposes of this Part expenditure does not include expenditure defrayed by fees and charges collected by the governing body of a maintained school which are —
a
specifically required or permitted to be collected by any provision of the Education Acts; or
b
in respect of the use of school premises or equipment.
Exceptions
3
A local education authority’s local schools budget shall not include the following classes or descriptions of expenditure —
a
expenditure in connection with nursery schools;
b
expenditure in connection with any provision made for children who have not attained the age of five except where such provision is made at a maintained school or the expenditure is by way of fees paid under section 320 or 348 of the 1996 Act (special provision for children with special educational needs);
c
expenditure in making payments to another local education authority pursuant to section 492, 493 or 494 of the 1996 Act (recoupment between authorities);
d
expenditure which the authority capitalise in their accounts in accordance with proper practices being those accounting practices —
i
which the authority are required to follow by virtue of any enactment, or
ii
which, whether by reference to any generally recognised published code or otherwise, are regarded as proper accounting practices to be followed in the keeping of the accounts of local authorities, either generally or of the description concerned,
but in the event of any conflict in any respect between the practices falling within sub-paragraph (i) above and those falling within sub-paragraph (ii) above, only those falling within sub-paragraph (i) above are to be regarded as proper practices ;
e
expenditure offset by income received from Her Majesty’s Chief Inspector of Schools in England or Her Majesty’s Chief Inspector of Schools in Wales; and
f
expenditure for the purposes of section 26 of the Road Traffic Regulation Act 1984 (arrangements for patrolling school crossings).
Individual schools budget for local education authorities in England
4
A local education authority in England may deduct from their local schools budget any or all of the classes or descriptions of planned expenditure set out in Schedule 1, in whole or in part, in order to arrive at their individual schools budget for a financial year.
Individual schools budget for local education authorities in Wales
5
1
Subject to paragraphs (2) to (4), a local education authority in Wales may deduct from their local schools budget any or all of the classes or descriptions of planned expenditure set out in Schedule 2, in whole or in part, in order to arrive at their individual schools budget for a financial year.
2
Paragraphs 23, 25, 29, 39 and 42 of Schedule 2 do not apply in relation to planned expenditure in respect of schools which are, or were immediately before 1st April 1999, grant-maintained schools.
3
In the case of planned expenditure in respect of other maintained schools, planned expenditure of a kind referred to in paragraphs 23, 29, 39 and 42 of Schedule 2 —
a
may not be deducted by an authority from their local schools budget for the financial year beginning on 1st April 1999 unless expenditure of the same class or description in the financial year beginning on 1st April 1998 did not form part of, or was deducted pursuant to the terms of the authority’s scheme (within the meaning of the 1996 Act) as then in force from, the authority’s general schools budget (within the meaning of the 1996 Act) for that financial year; and
b
may not be deducted by an authority from their local schools budget for any financial year beginning after 1st April 1999.
4
Planned expenditure of the kind referred to in paragraph 25(a) of Schedule 2 in relation to secondary schools may not be deducted by an authority from their local schools budget for any financial year beginning after 1st April 1999.
PART III
SCHOOLS' BUDGET SHARES
Determination of budget shares
6
This Part applies for the purpose of determining the amount which a local education authority may determine as a maintained school’s budget share for a financial year.
Allocation of individual schools budget
7
A local education authority shall allocate in each financial year in accordance with this Part all of their individual schools budget for that financial year as the budget shares of schools which they maintain.
Timing of initial determination of budget shares
8
The amount of a school’s budget share for a financial year shall be initially determined by the local education authority before the beginning of that year.
Consultation
9
1
A local education authority shall consult the governing body and head teacher of every county, voluntary, maintained special, grant-maintained or grant-maintained special school within the meaning of the 1996 Act which they will maintain on 1st April 1999 in relation to the factors and criteria which the authority propose to take into account, in the formula referred to in regulation 10, in determining budget shares for the financial year beginning on 1st April 1999 and in relation to any methods, principles and rules which they propose to adopt in that formula in relation to such determinations.
2
In relation to subsequent financial years a local education authority shall consult the governing body and head teacher of every school which they maintain about proposed changes in relation to the factors and criteria that were taken into account, or the methods, principles and rules that were adopted, in their formula in the preceding financial year (including any new factors, criteria, methods, principles or rules).
3
Consultation under this regulation shall take place in sufficient time to allow the outcome to be taken into account in the determination of the authority’s formula and in the initial determination of schools' budget shares before the beginning of a financial year.
4
The requirement to consult in paragraph (1) can be satisfied by consultation which takes place on and after 20th October 1998 in the case of a local education authority in England, or on and after 23rd October 1998 in the case of a local education authority in Wales, and (in either case) before the coming into force of these Regulations.
5
A local education authority shall inform all those who were consulted of the outcome of the consultation.
Formula for determination of budget shares
10
1
A local education authority shall determine before the beginning of a financial year, and after the consultation referred to in regulation 9, the formula which they will use to determine schools' budget shares in that financial year having regard to the factors, criteria and requirements set out in this Part.
2
A local education authority shall have regard to the desirability of such a formula being simple, objective, measurable and predictable in effect, and clearly expressed.
3
Subject to regulation 23 a local education authority shall use the formula determined under paragraph (1) in all determinations and redeterminations of budget shares in respect of that financial year.
Pupil numbers
11
1
In determining budget shares for primary and secondary schools, a local education authority shall take into account in their formula the number of registered pupils (other than pupils in places which the authority recognise as reserved for children with special educational needs or for children in nursery classes) at those schools on such date or dates as may be determined by the authority, weighted if the authority consider it appropriate in accordance with paragraph (7).
2
Paragraphs (3) and (4) shall not apply in relation to pupils in nursery or reception classes whom the authority take into account under paragraph (1) (pupils in nursery classes not occupying places which the authority recognise as reserved for such pupils or pupils in reception classes).
3
Where the authority determine only one date for the purposes of paragraph (1) that must be a date which falls —
a
before 1st April in the financial year in question; and
b
in the school year in which 1st April in the financial year in question falls.
4
Where the authority determine more than one date for the purposes of paragraph (1) then —
a
one of those dates must satisfy paragraph (3);
b
of the other date or dates —
i
no date may be earlier than the beginning of the school year in which 1st April in the financial year in question falls;
ii
the authority may determine a date or dates which are in the future and estimate the number of registered pupils at the school on that date.
5
An authority may in determining budget shares for special schools, or for primary or secondary schools with places which the authority recognise as reserved for children with special educational needs or for children in nursery classes, take into account in their formula the number of registered pupils at those special schools or the number of pupils in those reserved places at primary or secondary schools on such date or dates as may be determined by the authority, weighted if the authority consider it appropriate in accordance with paragraph (7).
6
If the authority estimate the number of registered pupils at a school they must consult the head teacher of the school.
7
A local education authority may weight pupil numbers according to any or all of the following factors —
a
age, including weighting according to key stage or year group;
b
whether a pupil is provided with nursery education by a school;
c
the subject or course of study in the case of pupils in a sixth form;
d
special educational needs; and
e
whether a pupil is being educated through the medium of Welsh.
8
A local education authority may adjust the number of registered pupils used to determine a school’s budget share where it is appropriate to do so in order to take into account, wholly or partly, the permanent exclusion of a pupil from the school or the admission of a pupil following his permanent exclusion from another school maintained by a local education authority.
Places
12
In determining budget shares for special schools, or for primary or secondary schools with places which the authority recognise as reserved for children with special educational needs or for children in nursery classes, the local education authority may take into account in their formula the number of places which they wish to fund at those special schools or the number of places of the kind described above at those primary or secondary schools and in both cases may take account of the special educational needs in question.
Schools of a particular description
13
Where a local education authority deduct from their local schools budget planned expenditure which relates to maintained schools of a particular description, they shall include factors or criteria in their formula in respect of that planned expenditure in relation to maintained schools which do not fall within that description.
Discrimination by reference to category
14
A local education authority shall not use in their formula any factors or criteria which discriminate between schools by reference to their category under the 1998 Act or their category under the 1996 Act except where —
a
in relation to the period before 1st September 1999, differences in the functions of the governing bodies of schools in their categories under the 1996 Act; or
b
in relation to the period on and after 1st September 1999, differences in the functions of the governing bodies of schools in their categories under the 1998 Act,
justify such discrimination.
Additional factors or criteria
15
A local education authority may, in determining budget shares for schools which they maintain, take into account in their formula, as they consider appropriate, any or all of the factors or criteria set out in Schedule 3.
Budget share adjustments
16
1
Subject to paragraph (3), where a school’s budget share (within the meaning of the 1996 or 1998 Act) or maintenance grant for the preceding financial year was —
a
determined by reference to an estimate of the number of registered pupils at the school; and
b
differences between the estimated number of pupils on those dates and the actual number of pupils at the school on those dates were not taken into account in a redetermination of the school’s budget share or maintenance grant for that preceding financial year,
the local education authority shall determine that school’s budget share so as to take into account those differences.
2
Subject to paragraph (3) and regulation 21, a local education authority may determine a school’s budget share so as to take into account any other change during the course of the preceding financial year in the data by reference to which the school’s budget share (within the meaning of the 1996 or 1998 Act) or maintenance grant for that year was determined, if those changes were not taken into account in a redetermination of the school’s budget share or maintenance grant for that preceding financial year.
3
Paragraphs (1) and (2) shall not apply to a school which received transitional funding under regulation 9 of the 1998 Regulations in that preceding financial year.
4
A local education authority may adjust the number of registered pupils used to determine a school’s budget share where it is appropriate to do so in order to take into account, wholly or partly —
a
any reduction or increase in the school’s budget share (within the meaning of the 1996 or 1998 Act) or maintenance grant for the preceding financial year, or any additional allocation in that year for the purposes of the school in accordance with the authority’s scheme within the meaning of the 1996 Act, arising from the permanent exclusion of a pupil from the school or the admission to the school of a pupil permanently excluded from another maintained school; or
b
any increase in the school’s budget share (within the meaning of the 1996 or 1998 Act) or maintenance grant for the preceding financial year, or any additional allocation in that year for the purposes of the school in accordance with the authority’s scheme within the meaning of the 1996 Act, arising from significant increases in pupil numbers during the course of the preceding financial year.
5
A local education authority shall include factors or criteria in their formula which satisfy the requirements of this regulation.
New schools
17
1
In the case of —
a
a proposed school referred to in regulation 1(5) or (6);
b
a school proposals for the establishment of which have not been fully implemented;
c
a school which is the subject of a significant change of character, a significant enlargement of its premises or a transfer to a new site under the 1996 Act; or
d
a school which is the subject of a prescribed alteration within the meaning of the 1998 Act,
the local education authority shall include factors or criteria in their formula which enable them to determine the school’s budget share so as to take into account the particular needs of the school or proposed school; and in particular may, in any financial year preceding the financial year in which a school first admits pupils, determine the amount of the budget share as zero.
2
For the purposes of these Regulations, proposals for the establishment of a school have been fully implemented when the number of pupils admitted to the school in each age group has, in the opinion of the local education authority, reached —
a
that number of pupils indicated, when proposals for the establishment of the school were published, as the number of pupils to be admitted to each age group when the proposals were fully implemented; or
b
if no such number was indicated, such number as the authority may determine.
Transitional funding for schools in England
18
1
In relation to the financial year beginning on 1st April 1999, a local education authority in England shall determine the budget share of a school which had received maintenance grant in the preceding financial year calculated in accordance with the 1998 Regulations, so as to include an amount for transitional funding.
2
The amount referred to in paragraph (1) is the amount if any by which the school’s protected level of funding in respect of the financial year beginning on 1st April 1998, determined by the Secretary of State in accordance with Schedule 4 and notified in writing to the authority, is greater than the school’s adjusted budget share for the financial year beginning on 1st April 1999.
3
For the purposes of this regulation a school’s adjusted budget share is its budget share determined in accordance with this Part but not taking into account the effect of this regulation and regulation 16(4) (budget share adjustments) or regulation 21 (additional provisions for determinations and redeterminations).
4
A local education authority shall include factors or criteria in their formula which satisfy the requirements of this regulation.
Redetermination of budget shares
19
1
A local education authority shall include factors or criteria in their formula which enable them to redetermine a school’s budget share during the course of a financial year to take account of —
a
changes during the financial year in the number or estimates of the number of registered pupils at the school by reference to which the budget share was determined;
b
other changes during the financial year in the data by reference to which the budget share was determined; and
c
changes during the financial year in the amount of the authority’s individual schools budget.
2
A local education authority may not redetermine in accordance with paragraph (1) the budget share of a school in receipt of transitional funding under regulation 18 so as to reduce the amount of that school’s budget share.
3
A local education authority shall set out in their formula the factors or criteria that they will use, in redetermining schools' budget shares in accordance with paragraph (1), to allocate the planned expenditure referred to in paragraph 31 of Schedule 1 or paragraph 34 of Schedule 2.
4
A local education authority shall include factors or criteria in their formula which enable them to adjust the number of registered pupils used to determine a school’s budget share where it is appropriate to do so in order to take into account, wholly or partly —
a
any reduction or increase in the school’s budget share under regulation 20 (pupils permanently excluded or admitted following a permanent exclusion); or
b
any increase in the school’s budget share under this regulation in respect of significant increases in pupil numbers funded by the planned expenditure referred to in paragraph 31 of Schedule 1 or paragraph 34 of Schedule 2.
Pupils permanently excluded or admitted following a permanent exclusion
20
1
Where a pupil is permanently excluded from a school maintained by a local education authority, the authority shall redetermine the school’s budget share for that financial year in accordance with paragraph (2).
2
The school’s budget share shall be reduced by the amount
A × B 52
where —
A is the amount, in the financial year in which the permanent exclusion takes effect (as defined from time to time for the purposes of section 494 of the 1996 Act (“the relevant date”)), determined by the authority, in accordance with this Part, to be attributable to a registered pupil of the same age and characteristics as the pupil in question at primary or secondary schools maintained by the authority:
For the purposes of this definition the amount attributable to a registered pupil is the sum of the amounts determined in accordance with the authority’s formula or regulation 23 by reference to pupil numbers rather than by reference to the number of places at the school or any other factor or criteria not dependent on pupil numbers; and
B is the number of complete weeks remaining in the financial year calculated from the relevant date:
EXCEPT that where the permanent exclusion takes effect on or after 1st April in a school year at the end of which pupils of the same age or age group as the pupil in question normally leave that school prior to being admitted to a middle or secondary school (including a special school which would apart from regulation 1(8) be a secondary school), B is the number of complete weeks remaining in that school year calculated from the relevant date.
3
Where a pupil is admitted to a school maintained by a local education authority (“the admitting school”) who has been permanently excluded from another maintained school in that financial year the authority shall redetermine the admitting school’s budget share in accordance with paragraph (4).
4
The school’s budget share shall be increased by an amount which may not be less than the amount
D × E F
where —
D is the amount by which the authority reduce the budget share of the school from which the pupil was permanently excluded or would have reduced it had that school been maintained by the authority;
E is the number of complete weeks remaining in the financial year during which the pupil is a registered pupil at the admitting school;
F is the number of complete weeks remaining in the financial year calculated from the relevant date.
5
A local education authority shall include factors or criteria in their formula which satisfy the requirements of this regulation.
Additional provisions for determinations and redeterminations for the financial year beginning on 1st April 1999
21
1
A local education authority may, in the case of a school which is, or was immediately before 1st April 1999, a county, voluntary or maintained special school within the meaning of the 1996 Act, determine or redetermine that school’s budget share for the financial year beginning on 1st April 1999 to take into account changes, during the course of any preceding financial year, in data, other than pupil numbers, by reference to which the school’s budget share within the meaning of the 1996 Act for that year was determined if —
a
such changes have not already been taken into account in any determination or redetermination of that school’s budget share within the meaning of the 1996 Act for a preceding financial year; and
b
such determination or redetermination as is proposed in the financial year commencing on 1st April 1999 could also have been made in the financial year beginning on 1st April 1998, as a determination or redetermination under the terms of the authority’s scheme in force in that year or, as a consequence of a revision to that scheme, could have been made as part of the initial determination of a school’s budget share for the financial year beginning on 1st April 1999.
2
A local education authority shall, in the case of a school which is, or was immediately before 1st April 1999, a grant-maintained or grant-maintained special school, determine or redetermine that school’s budget share for the financial year beginning on 1st April 1999 to take into account changes, during the course of any preceding financial year, in data, other than pupil numbers, by reference to which the school’s maintenance grant for that year was determined if —
a
such changes have not already been taken into account in any determination or redetermination of that school’s maintenance grant for a preceding financial year; and
b
such determination or redetermination as is proposed in the financial year commencing on 1st April 1999 could also have been made on 1st April 1998 as a determination or redetermination of the school’s maintenance grant for the preceding financial year in question.
3
A local education authority shall determine or redetermine a school’s budget share in accordance with paragraph (2) by adding or subtracting an amount determined by the Secretary of State, in accordance with the provisions of the regulations made under section 244(2) of the 1996 Act (for England or Wales as the case may be) in force on 1st April 1998 and as if any reference in the regulations for England to the Funding Agency for Schools was a reference to the Secretary of State.
4
A local education authority shall include factors or criteria in their formula which satisfy the requirements of this regulation.
Percentage of “pupil-led” funding
22
In determining and redetermining budget shares for primary and secondary schools a local education authority shall ensure that their formula provides that at least 80 per cent. of the amount which is their individual schools budget, less the aggregate of the sum of the budget shares of special schools and any transitional funding determined under regulation 18, is allocated in one or more of the following manners —
a
in accordance with regulation 11(1) or (5);
b
in accordance with any other factors or criteria using pupil numbers which provide for the same funding for pupils of the same age irrespective of the nature of the school which they attend;
c
to places in primary schools which the authority recognise as reserved for children in nursery classes;
d
for children with special educational needs who do not have statements of special educational needs but only up to 5 per cent. of the total amount allocated by the authority to primary and secondary schools from their individual schools budget;
e
to places in primary or secondary schools which the authority recognise as reserved for children with special educational needs;
f
for pupils with statements of special educational needs where funding in respect of such pupils forms part of schools' delegated budgets;
g
by reference to any or all of the following: the recruitment of, the length, type and subject matter of courses taken by, and the achievements of, pupils in a sixth form at a school; and
h
in the case of a local education authority in Wales, by reference to the record of a school in recruiting and retaining pupils in the sixth form by comparison with other schools in Wales.
Additional arrangements approved by the Secretary of State
23
The Secretary of State may, where it appears to him to be expedient to do so, authorise a local education authority to determine or redetermine budget shares, to such extent as he may specify, in accordance with arrangements approved by him in place of the arrangements provided for by this Part.
Schools' budget shares not to be the provision of a benefit or service
24
For the purposes of section 295 of the 1996 Act (provision of benefits and services by local education authorities) the determination or redetermination of a school’s budget share in accordance with this Part shall not constitute the provision of a benefit or service for pupils or other persons at schools.
PART IV
SCHEMES
Required content of schemes
25
A scheme prepared by a local education authority under section 48(1) of the 1998 Act shall deal with the matters connected with the financing of schools maintained by the authority set out in Schedule 5.
Consultation
26
The requirement to consult the persons referred to in paragraph 1(3)(a) of Schedule 14 to the 1998 Act can be satisfied by consultation which takes place on and after 8th October 1998 in the case of a local education authority in England, or on and after 20th October 1998 in the case of a local education authority in Wales, and (in either case) before the coming into force of these Regulations.
Manner of publication
27
For the purposes of paragraph 1(7) of Schedule 14 to the 1998 Act (prescribed manner of publication of schemes) a scheme shall be published by the local education authority concerned on its coming into force and in the circumstances prescribed in regulation 28 by —
a
furnishing a copy to the governing body and a copy to the head teacher of each school maintained by the authority; and
b
making a copy available for reference at all reasonable times and without charge at each school maintained by the authority and at the principal education office of the authority.
Additional occasions when schemes require publication
28
For the purposes of paragraph 1(7)(b) of Schedule 14 to the 1998 Act (prescribed occasions on which publication of schemes is required) a scheme shall be published by the local education authority concerned on the coming into force of any revision of it.
Estelle Morris
Minister of State,
Department for Education and Employment
17th January 1999
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
17th January 1999


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Costs in Criminal Cases (General) (Amendment) Regulations 1999 and shall come into force on 1st September 1999.
2
In these Regulations, “ the Regulations ” means the Costs in Criminal Cases (General) Regulations 1986 , and a regulation referred to by number alone means the regulation so numbered in the Regulations.
Amendments to the Costs in Criminal Cases (General) Regulations 1986
2
1
In the Regulations:
a
for the expression “taxing master”, wherever it appears, there shall be substituted “costs judge”;
b
for the expression “Chief Taxing Master”, wherever it appears, there shall be substituted “Senior Costs Judge”.
2
In regulation 4:
a
the following definition shall be inserted after the definition of “appropriate authority”:
“costs judge”
means a taxing master of the Supreme Court;
;
b
the definition of “taxing master” shall be deleted.
3
In regulation 11(7), for “instituted by an originating summons in the Queen’s Bench Division” there shall be substituted “brought in the Queen’s Bench Division, follow the procedure set out in Part 8 of the Civil Procedure Rules 1998 ,”.
3
1
In regulation 6(2), after “shall be accompanied by”, there shall be inserted “receipts or other evidence of the applicant’s payment of the costs claimed, and”.
2
In regulation 6(3):
a
at the end of sub-paragraph (b), “and” shall be deleted; and
b
there shall be inserted after sub-paragraph (c) the following:
and
d
contain either full particulars, including the date and outcome, of any claim that regulation 44(7) of the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989 should be applied in respect of any work comprised in the claim under these Regulations, or a certificate by the solicitor that he has not made, and will not make, any such claim.
.
Signed by authority of the Lord Chancellor
Keith Vaz
Parliamentary Secretary,
Lord Chancellor’s Department
Dated 14th July 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Highland Primary Care National Health Service Trust (Establishment) Amendment Order 1999 and shall come into force on 1st April 1999.
2
In this Order “the principal Order ” means the Highland Primary Care National Health Service Trust (Establishment) Order 1998 .
Amendment of the principal Order
2
1
For article 3 of the principal Order there shall be substituted the following:–
3
1
The Trust is established for the purposes specified in section 12A(1) of the Act.
2
The Trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the Trust for one or more Health Boards) shall be:–
a
to own and manage under section 12A(1)(a) of the Act and to provide and manage under section 12A(1)(b) of the Act, the hospital establishments or facilities specified in the Schedule to this order and establishments associated with those hospitals, including any refurbishments and replacements thereof and including the management of the facilities provided at and from those establishments, and also including the management of any teaching and research facilities associated with these establishments and the support services related thereto; and
b
to acquire and dispose of land, buildings and other property whether referred to in the Schedule or not, which appears to the Trust to be necessary or expedient for the purpose of, or in connection with the carrying out of its functions referred to in paragraph (2)(a) of this article.
.
2
The Schedule annexed to this Order shall be added to the principal Order.
Sam Galbraith
Minister for Health, Scottish Office
St Andrew’s House,
Edinburgh
26th March 1999


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Kent) (District of Sevenoaks) Order 1999 and shall come into force on 10th January 2000.
Interpretation
2
In this Order–
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the District of Sevenoaks with the exception of the following roads:
a
the M20 Motorway for its whole length in the District including all its on and off slip roads;
b
the M25 Motorway for its whole length in the District including all its on and off slip roads;
c
the M26 Motorway for its whole length in the District including all its on and off slip roads;
d
the A21 trunk road for its whole length in the District including all its on and off slip roads;
e
the section of the A20 trunk road from the District boundary eastward to its junction with the M20 Motorway including all its on and off slip roads in that section.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as–
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
20th December 1999


text:
Citation and commencement
1
This Order may be cited as the Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 and shall come into force on 19th May 1999.
Transfer of functions
2
1
The functions of the Lord Advocate under the enactments specified in the Schedule to this Order are hereby transferred to the Secretary of State.
2
The functions of the Lord Advocate which are mentioned in Article 2(b) of the Transfer of Functions (Treasury and Lord Advocate) Order 1981 are hereby transferred to the Secretary of State.
Supplementary and consequential
3
All property, rights and liabilities to which the Lord Advocate is entitled or subject at the coming into force of this Order in connection with any function transferred by this Order are hereby transferred to the Secretary of State for Scotland.
4
In section 34 of the Conveyancing (Scotland) Act 1924 , for “the Lord Advocate at the Crown Office” there is substituted “the Secretary of State at St Andrew’s House”.
5
Paragraph 1(2)(b) of Schedule 5 to the Reserve Forces Act 1996 shall be repealed.
6
In section 91(3)(b) of the Arbitration Act 1996 the words “with the concurrence of the Lord Advocate” shall be repealed.
7
1
This Order shall not affect the validity of anything done (or having effect as if done) by or in relation to the Lord Advocate before the coming into force of this Order.
2
Anything (including legal proceedings) which, at the coming into force of this Order, is in the process of being done by or in relation to the Lord Advocate may, so far as it relates to anything transferred by this Order, be continued by or in relation to the Secretary of State or, as the case may be, the Secretary of State for Scotland.
3
Anything done (or having effect as if done) by or in relation to the Lord Advocate for the purposes of or in connection with anything transferred by this Order shall, if in force at the coming into force of this Order, have effect as if done by or in relation to the Secretary of State or, as the case may be, the Secretary of State for Scotland in so far as that is required for continuing its effect after the coming into force of this Order.
4
Subject to any express repeal or amendment made by this Order, any enactment, instrument or other document passed or made before the coming into force of this Order shall have effect, so far as may be necessary for the purposes of or in consequence of any transfer effected by this Order, as if for any references to the Lord Advocate there were substituted references to the Secretary of State or, as the case may be, the Secretary of State for Scotland.
A K Galloway
Clerk of the Privy Council


text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the Local Authorities (Alteration of Requisite Calculations) (England) Regulations 1999 and shall come into force on 6th February 1999.
2
In these Regulations, “the 1992 Act ” means the Local Government Finance Act 1992.
3
These Regulations have effect in relation to the financial year beginning on 1st April 1999 and in relation to authorities in England only.
Budget requirement (billing authorities) — calculation
2
Section 32 of the 1992 Act shall be read as if–
a
in paragraph (e) of subsection (2) , for the words from “pursuant to a direction under that subsection” to the end of that paragraph there were substituted the following–
either–
i
pursuant to a direction under that subsection relating to the difference between amounts in respect of community charges credited and charged to a revenue account for any earlier financial year, or
ii
pursuant to the direction under that subsection which is contained in the Collection Fund (Council Tax Benefit) (England) Direction 1999 made by the Secretary of State on 3rd February 1999 .
;
b
for subsection (12) there were substituted the following subsection–
12
In this section and section 33 below–
“police grant” means so much of the grant payable in accordance with paragraph 3.1 of the relevant police grant report as excludes the amounts shown in column (b) of the Table set out below that paragraph;
“relevant special grant” means any of the following grants, that is to say–
the special grant payable in accordance with paragraphs 4 and 7 of the special grant report for England (Special Grant Report ( No. 37)) approved by a resolution of the House of Commons pursuant to section 88B of the 1988 Act on 4th February 1999; and
the special grant payable in accordance with paragraphs 5 and 8 of that special grant report; and
the special grant payable in accordance with paragraphs 6 and 9 of that special grant report;
and in this subsection “the relevant police grant report” means the police grant report (The Police Grant Report (England and Wales) 1999/2000) approved by a resolution of the House of Commons pursuant to section 46 of the Police Act 1996 on 4th February 1999.
.
Basic amount of council tax (billing authority) — calculation
3
Section 33(3) of the 1992 Act shall be read as if–
a
there were substituted for the formula the following–
W + X - ( Y + Z + E )
;
b
there were added after the definition of the figure Z the following–
E is the same amount as it is in the direction mentioned in section 32(2)(e)(ii) above (being an amount representing the authority’s contribution to council tax benefit resulting from the increase in its council tax)
.
Budget requirement (major precepting authorities) — calculation
4
Paragraph (a) of section 43(2) of the 1992 Act shall be read as if for the words from “other than expenditure which it estimates” to the end of that paragraph, there were substituted the following–
other than–
i
expenditure which it estimates will be so incurred in pursuance of regulations under section 99(3) of the 1988 Act, and
ii
expenditure which it estimates, in accordance with the Schedule to the Local Authorities (Alteration of Requisite Calculations) (England) Regulations 1999 (estimated contribution to council tax benefit), might be so incurred in making payments to billing authorities;
.
Basic amount of council tax (major precepting authorities) — calculation
5
Section 44(3) of the 1992 Act shall be read as if–
a
the word “and” at the end of paragraph (a) were omitted;
b
there were added after paragraph (b) the following–
and
c
reduced by the aggregate amount of any sums which the authority estimates, in accordance with the Schedule to the Local Authorities (Alteration of Requisite Calculations) (England) Regulations 1999 (estimated contribution to council tax benefit), might be paid by it in the year to billing authorities.
.
Calculation of expenditure etc.
6
The Schedule to these Regulations has effect for the purpose of the alterations made by regulations 4 and 5 above.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
4th February 1999


text:
Commencement and citation
1
This Order may be cited as the A1 Trunk Road (Haringey) Red Route (Prohibited Turn) Experimental Traffic Order 1999, and shall come into force on 19th October 1999.
Prohibited turn
2
Subject to the provisions of article 3 below, no person shall cause or permit or cause any vehicle proceeding south-eastwards in Archway Road (A1) to make a left turn into Muswell Hill Road, in the London Borough of Haringey.
Exemptions
3
Nothing in article 2 above shall apply —
a
to anything done with the permission or at the direction of a police constable in uniform or a traffic warden; or
b
to a vehicle being used for fire brigade, ambulance or police purposes.
Power to modify or suspend this Order
4
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expedititious, convenient and safe movement of traffic, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Signed in accordance with a direction from the Secretary of State.
Derek Turner,
Traffic Director for London
28th September 1999


text:
Citation and commencement
1
This Order may be cited as the Channel Tunnel Rail Link (Nomination) (London Underground Works) Order 1999, and shall come into force on 1st August 1999.
Interpretation
2
In this Order–
“ the Act ” means the Channel Tunnel Rail Link Act 1996;
“the London Underground works” means–
Work No. 4A, so far as not falling within the shared work,
Works Nos. 4AA, 4C, 4D, 4E, 4F, 4G, 4H, 4J, 4K, 4MM, 4N, 4P, 4Q, 4R, 4S and 5R, and
Work No. 4L, so far as not falling within the area indicated in blue on the drawing marked “The Channel Tunnel Rail Link (Nomination) (London Underground Works) (Nomination) Order 1999”, signed by authority of the Secretary of State for the Environment, Transport and the Regions, dated 8th July 1999 and deposited in the Information Centre, Department of the Environment, Transport and the Regions, Great Minster House, 76 Marsham Street, London SW1P 4DR;
“the shared work” means such part of Work No. 4A as comprises a passenger subway commencing on the eastern side of the intended St Pancras Station beneath a point 22 metres north of the existing junction of Clarence Passage with Pancras Road and passing south-eastwards to the ticket hall beneath the northern side of the forecourt of the Great Northern Hotel, but not including the ticket hall or any part of the passenger subway that extends beyond the ticket hall and terminates by a junction with the passenger subways (Works Nos. 4AA and 4F) beneath a point 26 metres north of the north-eastern corner of the Great Northern Hotel.
Appointment of nominated undertakers
3
1
London Underground Limited shall be the nominated undertaker for–
a
all purposes of section 1 of the Act in relation to the London Underground works and the shared work; and
b
the purposes of any other provision of Part I of the Act except section 14, so far as connected with or in any way relating to those works.
2
Union Railways (North) Limited shall be the nominated undertaker for–
a
all purposes of section 1 of the Act in relation to the shared work; and
b
the purposes of any other provision of Part I of the Act except section 14, so far as connected with or in any way relating to that work.
3
Paragraphs (1) and (2) have effect in relation to the shared work so that each of London Underground Limited and Union Railways (North) Limited acts as nominated undertaker on its own account, so that no act by one shall render the other liable in respect of it.
Consequential provision
4
Union Railways (North) Limited shall cease to be the nominated undertaker for any purposes of the Act in relation to works comprised within Works Nos. 4J, 4K and 5R.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Glenda Jackson
Department of the Environment, Transport and the Regions
8th July 1999


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Calshot Oyster Fishery (Variation) Order 1999 and shall come into force on 1st April 1999.
2
In this Order “the principal Order ” means the Calshot Oyster Fishery Order 1982.
Variation of the principal Order
2
1
The principal Order shall be varied in accordance with the following paragraph of this article.
2
In article 3(2) (right of several fishery), there shall be substituted for the area comprising the fishery so much of the area of the Solent in the vicinity of Calshot Spit as is shown coloured red, blue and green on the map (which shall be substituted for the definitive map) marked “Map referred to in the Calshot Oyster Fishery (Variation) Order 1999”, prepared in duplicate and sealed with the official seal of the Minister of Agriculture, Fisheries and Food, one copy of which is available at the grantees' offices and the other at the offices of the Minister.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
9th March 1999


text:
Citation and Commencement
1
This Order may be cited as the Docklands Light Railway (Miscellaneous Closure Exemptions) Order 1999 and shall come into force on 13th December 1999.
Interpretation
2
In this Order —
“ the Act ” means the Railways Act 1993;
“the specified networks” means the networks consisting of —
the stretch of railway line running for a distance of 400 metres (or thereabouts) northwards from a point 100 metres (or thereabouts) south of the southern end of West India Quay Station in the London Borough of Tower Hamlets to the junction situated between that station and Westferry Station in the London Borough of Tower Hamlets, and
the stretch of railway line running for a distance of 245 metres (or thereabouts) northwards from a point 100 metres (or thereabouts) south of the southern end of West India Quay Station in the London Borough of Tower Hamlets to the junction situated between that station and Poplar Station in the London Borough of Tower Hamlets.
Disapplication of closure provisions
3
1
The specified networks are designated as networks in relation to which section 39 of the Act (closure of operational passenger networks) is not to have effect.
2
Pudding Mill Lane Station in the London Borough of Newham is designated as a station in relation to which section 41 of the Act (closure of railway facilities used in connection with passenger services) is not to have effect.
Signed by authority of the Secretary of Statefor the Environment, Transport and the Regions
Gus MacDonald
Minister for Transport,
Department of the Environment, Transport and the Regions
19th November 1999


text:
Citation and commencement
1
These Regulations may be cited as the Local Authorities (Members' Allowances) (Amendment) Regulations 1999 and shall come into force on 30th April 1999.
Increase of allowance
2
1
Regulation 17 (allowance in respect of conferences and meetings) of the Local Authorities (Members' Allowances) Regulations 1991 is amended, in paragraph (2), by the substitution of “£29.48” for “£28.62”.
2
The amendment made by paragraph (1) aplies in relation to attendance at a conference or meeting on or after 30th April 1999.
Revocation
3
The Local Authorities (Members' Allowances) (Amendment) Regulations 1998 are hereby revoked with effect from 30th April 1999.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Alan Meale
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
30th March 1999
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
31st March 1999


text:
Citation and commencement
1
These Regulations may be cited as the Telecommunications (Licence Modification) (Mobile Public Telecommunication Operators) Regulations 1999 and shall come into force on 27th September 1999.
Interpretation
2
In these Regulations —
“the 1984 Act ” means the Telecommunications Act 1984 ;
“Applicable Systems” means the telecommunication systems run by BT Cellnet, Dolphin, One2One, Orange or Vodafone in the United Kingdom in accordance with the BT Cellnet Licence, the Dolphin Licence, the One2One Licence, the Orange Licence or the Vodafone Licence respectively, as the case may be;
“BT Cellnet” means Telecom Securicor Radio Limited;
“the BT Cellnet Licence” means the licence granted by the Secretary of State under section 7 of the 1984 Act to BT Cellnet on 22 March 1994;
“ the Director ” means the Director General of Telecommunications appointed under section 1 of the 1984 Act;
“Dolphin” means Dolphin Telecommunications Limited (formerly known as TetraLink Telecommunications Limited);
“the Dolphin Licence” means the licence granted by the Secretary of State under section 7 of the 1984 Act to Dolphin on 12 December 1997;
“the former licences” means the relevant licences in the form they were in immediately before the coming into force of these Regulations;
“Message” means anything falling within paragraphs (a) to (d) of section 4(1) of the 1984 Act;
“Mobile Radio Telecommunication Services” means any telecommunication service consisting in the conveyance of Messages by means of a telecommunication system where every Message that is conveyed thereby has been, or is to be, conveyed through the agency of Wireless Telegraphy to or from a telecommunication system which is designed or adapted to be capable of use whilst in motion;
“the modified licences” means the relevant licences as amended by these Regulations;
“One2One” means Mercury Personal Communications Limited;
“the One2One Licence” means the licence granted by the Secretary of State under section 7 of the 1984 Act to One2One on 9 May 1995;
“Orange” means Orange Personal Communications Services Limited;
“the Orange Licence” means the licence granted by the Secretary of State under section 7 of the 1984 Act to Orange on 27 July 1995;
“relevant licences” means the BT Cellnet Licence, the Dolphin Licence, the Mercury Licence, the Orange Licence and the Vodafone Licence;
“Service Provider” means any person who is in the business of providing Mobile Radio Telecommunication Services to another by means of a telecommunication system lawfully connected to the Applicable Systems or who is in the business of securing the provision of such services by such means;
“the standard Schedules” means the Schedules to the Telecommunications (Licence Modification) (Standard Schedules) Regulations 1999 ;
“Vodafone” means Vodafone Limited;
“the Vodafone Licence” means the licence granted by the Secretary of State under section 7 of the 1984 Act to Vodafone on 9 December 1993; and
“Wireless Telegraphy” has the same meaning as in the Wireless Telegraphy Act 1949 .
Modification of the relevant licences
3
The relevant licences are hereby modified as follows —
a
for the Table of Contents there shall be substituted
i
in the case of the Dolphin Licence, the One2One Licence and the Orange Licence the Table of Contents set out in Schedule 1 hereto; and
ii
in the case of the BT Cellnet Licence and the Vodafone Licence the Table of Contents set out in Schedule 1 hereto, together with the addition after condition 69 of the following —
Part K
Control of Interconnection Charges;
70
b
in paragraph 1 for the words “telecommunication systems of every description” there shall be substituted the words
telecommunication systems specified in Annex A;
c
after paragraph 1 there shall be inserted the following paragraph —
1A
Where a Specified Public Telecommunications Operator has been granted a Licence, other than this Licence, under section 7 of the Act, authorising the Operator to run telecommunication systems and provide telecommunication services and which has not been revoked (“the Other Licence”), this Licence shall not apply to the extent that any telecommunication systems or telecommunication services otherwise authorised to be run or provided under this Licence are or could be run or provided under the Other Licence.;
d
for paragraphs 6 to 8 inclusive there shall be substituted the following paragraphs —
6
For the purposes of this Licence:
a
the “Applicable Systems” means any or all of the telecommunication systems run by the Licensee under this Licence, unless the context otherwise requires; and
b
“Specified Public Telecommunications Operator” means British Telecommunications plc, Kingston Communications (Hull) PLC and such other public telecommunication operators as may be specified by the Secretary of State from time to time and described in a list kept by the Director and made available by him for inspection by the general public.
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.;
e
for Schedule 1 there shall be substituted Schedule 1 of the standard Schedules, subject to the amendments set out in Schedule 2 hereto;
f
in the case of the BT Cellnet Licence and the Vodafone Licence, after Part J in Schedule 1 there shall be inserted Part K as set out in Schedule 3 hereto;
g
for Schedule 2 there shall be substituted Schedule 2 of the standard Schedules, subject to the modification, that in the case of the BT Cellnet Licence, after sub-paragraph (d) of paragraph 1 there shall be inserted the following paragraphs —
dd
if either British Telecommunications plc, or Securicor Technology Investments Ltd, as the case may be, holds shares in the Licensee entitling that company to cast more than 60% of the total number of those votes which may be cast by members of the Licensee in all circumstances at all general meetings of the Licensee, and for the purpose of this sub-paragraph shares held by both British Telecommunications plc or Securicor Technology Investments Ltd, as the case may be, through a nominee shall be regarded as shares held by that body; or
ddd
if the Licensee takes on lease from British Telecommunications plc all or part of the apparatus comprised in the Applicable Systems provided that this Licence may not be revoked solely on the ground that the Licensee has taken on lease all or part of the apparatus from a Subsidiary of British Telecommunications plc; or;
h
for Schedule 3 there shall be substituted Schedule 3 of the standard Schedules, subject to the following amendments —
i
sub-paragraph (d) of paragraph 3 shall be deleted; and
ii
in paragraph 4 the definition of “Mobile Radio Tails Service” shall be deleted;
i
for Schedule 4 there shall be substituted Schedule 4 of the standard Schedules; and
j
after Schedule 4 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 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, determination or other decision made or having effect under any provision of the former licences 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 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 had not been modified;
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.
3
Notwithstanding the modification of the relevant licences by these Regulations, and subject to regulation 4(4) below, where immediately before the coming into force of these Regulations BT Cellnet and Vodafone were required under provisions in the BT Cellnet Licence and the Vodafone Licence respectively to provide Mobile Radio Telecommunication Services to a Service Provider or to a person intending to be a Service Provider, BT Cellnet and Vodafone shall each continue to supply such services in accordance with the said provisions as if the said provisions continued to apply.
4
The obligation in regulation 4(3) above shall continue until either —
a
the Director makes a determination in accordance with Part F of the BT Cellnet Licence and the Vodafone Licence respectively; or
b
31st March 2000,
whichever shall first occur.
Patricia Hewitt,
Minister of State for Small Business and E Commerce,
Department of Trade and Industry
3rd September 1999


text:
1
These Regulations may be cited as the Education (Student Loans) (Amendment) Regulations 1999 and shall come into force on 1st August 1999.
2
The Education (Student Loans) Regulations 1998 shall be amended as follows.
3
In regulation 6(1) to (4) for each of the figures in the first column below substitute the corresponding figure in the second column below wherever it appears:
£ 970 £ 995 1,565 1,605 1,325 1,360 2,145 2,200 1,265 1,295 1,735 1,780
4
In Schedule 2–
a
in paragraph 1 in the definition of “course” insert after the words “at the same” the words “or another”;
b
in paragraph 3–
i
for the word “results” substitute the words “would result”; and
ii
after the initials “APR” insert the words “for a loan on the terms of this loan”.
Tessa Blackstone
Minister of State,
Department for Education and Employment
21st June 1999
Gus Macdonald
Parliamentary Under Secretary of State, Scottish Office
22nd June 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Kent Hospitals 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 ;
“the trust” means the East Kent Hospitals National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is hereby established an NHS trust which shall be called the East Kent Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1)(b) of the Act.
2
The trust’s functions shall be to provide and manage hospitals and other establishments or facilities within the area of East Kent Health Authority, and there to provide and manage hospital accommodation and services, 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
18th March 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Professions Supplementary to Medicine (Clinical Scientists Board) Order of Council 1999 and shall come into force immediately after the coming into force of the Professions Supplementary to Medicine (Speech and Language Therapists Board) Order of Council.
2
In this Order, “the Act” means the Professions Supplementary to Medicine Act 1960.
Extension of application of the Act to the profession of clinical scientists
2
The Act shall have effect as if the profession of clinical scientists were mentioned in section 1(2) of the Act, and accordingly the First Schedule to the Act (constitutions of the Council and boards, and supplementary provisions) shall have effect as if there were made the further alterations, additions or omissions specified in the Schedule to this Order.
A.K. Galloway
Clerk of the Privy Council


text:
1
This Order may be cited as the Combined Probation Areas (Humberside) Order 1999 and shall come into force on 1st June 1999.
2
For that part of the Combined Probation Areas Order 1986 which relates to the Humberside area , there shall be substituted the following–
(1) (2) (3) Petty Sessions Area Probation Area Number of Justices on Probation Committee
Bainton, Wilton and Holme Beacon Humberside 2 Beverley 1 Dickering and North Holderness 2 Goole and Howdenshire 1 Grimsby and Cleethorpes 4 Kingston Upon Hull 6 North Lincolnshire 3 South Hunsley Beacon 2 South and Middle Holderness 1
Gareth Williams
Minister of State
Home Office
27th May 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (Fees at Higher Education Institutions) Regulations 1999 and shall come into force on 31st March 1999.
2
In these Regulations–
“ the Act ” means the Teaching and Higher Education Act 1998;
“the Student Support Regulations ” means the Education (Student Support) Regulations 1999 .
Prescribed class of persons
2
The class of persons prescribed for the purpose of section 26(4) of the Act is the class comprising those persons who are specified in Schedule 1 to the Student Support Regulations other than–
a
persons who are not eligible for support under the Student Support Regulations by reason of regulation 4(2) of those regulations;
b
persons who are not eligible for a grant for fees under the Student Support Regulations by reason of regulation 10(2) of those regulations; and
c
persons who do not, before or during the academic year in question, make an application for support in accordance with regulation 6 of the Student Support Regulations in connection with attendance on a course which comprises that academic year.
Prescribed description of courses
3
1
The description of courses which are prescribed for the purposes of section 26(4) of the 1998 Act are courses which are designated courses within the meaning of the Student Support Regulations and provided by an institution in England or Wales.
2
For the purposes of paragraph (1) the reference to an institution in England or Wales shall be construed in accordance with section 62(7) of the Further and Higher Education Act 1992 .
Tessa Blackstone
Minister of State,
Department for Education and Employment
2nd March 1999
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
4th March 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Penalty Charge) Regulations 1999 and shall come into force on 1st November 1999.
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the National Health Service Act 1977; and
“surcharge” has the meaning given in regulation 4.
Service of a penalty notice
2
1
Where a person fails to pay any amount referred to in section 122B(1)(a) or (b) of the Act , the responsible authority may serve a penalty notice requiring the person, within the period of 28 days beginning with the date on which the penalty notice was sent, to pay that amount to the responsible authority together with a penalty charge determined in accordance with regulation 3.
2
A penalty notice shall be sent by post to the person’s last known address.
3
The penalty notice shall state —
a
the name of the person liable to pay the amount required to be paid under the penalty notice;
b
the amount recoverable as mentioned in section 122B(1)(a) or (b) of the Act;
c
the amount of the penalty charge calculated in accordance with regulation 3;
d
the sum of the amounts referred to in sub-paragraphs (b) and (c), which shall represent the total amount required to be paid under the penalty notice;
e
in relation to the total amount required to be paid under the penalty notice —
i
the responsible authority to whom that amount shall be paid,
ii
the address to which that amount shall be sent,
iii
the methods by which payment may be made, and
iv
in accordance with paragraph (1), the date by which that amount shall be paid to the responsible authority;
f
that if the person fails to pay the amount he is required to pay by the date specified in the penalty notice —
i
the person must also pay to the responsible authority a surcharge, and
ii
the amount of the surcharge he must pay, calculated in accordance with regulation 4(2); and
g
that a person is not liable by virtue of a penalty notice —
i
to pay at any time so much of any amount referred to in section 122B(1)(a) or (b) of the Act for which he is jointly and severally liable with another as at that time has been paid, or ordered by a court to be paid, by that other , or
ii
to a penalty charge, or a surcharge, if he shows that he did not act wrongfully, or with any lack of care, in respect of the amount recoverable as mentioned in section 122B(1)(a) or (b) of the Act .
Calculation of penalty charge
3
The amount of the penalty charge shall be whichever is the smaller of —
a
£100, and
b
the amount referred to in section 122B(1)(a) or (b) of the Act multiplied by 5.
Surcharge
4
1
Where a person fails to pay the amount required to be paid under the penalty notice in accordance with regulation 2(1), he shall in addition be liable to pay to the responsible authority a further sum (in these regulations referred to as “a surcharge”), calculated in accordance with paragraph (2).
2
The amount of the surcharge shall be 50% of the amount of the penalty charge (rounded down, where necessary, to the nearest whole penny).
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
10th October 1999


text:
Citation, interpretation and extent
1
1
This Order may be cited as the Health Act 1999 (Commencement No. 3) Order 1999.
2
In this Order —
“ the Act ” means the Health Act 1999;
“the 1977 Act ” means the National Health Service Act 1977 .
3
This Order extends to England and article 2(1)(b) extends also to Wales.
Appointed days
2
1
1st October 1999 is the day appointed for the coming into force of —
a
each provision of the Act specified in column 1 of Schedule 1 to this Order; and
b
sections 42 to 44 of the Act.
2
4th January 2000 is the day appointed for the coming into force of paragraph 16, and paragraph 4 in so far as it relates to that paragraph, of Schedule 4 to the Act and section 65(1) of the Act in so far as it relates to those paragraphs.
Signed by authority of the Secretary of State for Health.
John Denham
Minister of State,
Department of Health
10th September 1999


text:
1
The fees appearing in the Tables of Schedule 1 to this Order are established and are substituted for the fees appearing in the Tables of the Schedule to the Ecclesiastical Judges and Legal Officers (Fees) Order 1998 . The Tables of that Schedule contain particulars of the fees which are to be received, after the commencement of this Article:–
a
by the ecclesiastical judges and legal officers named in that Schedule for carrying out by them of the duties of their offices specified in that Schedule; and
b
by diocesan boards of finance in respect of the matters specified in Part II of Table I of that Schedule.
2
The Ecclesiastical Judges and Legal Officers (Fees) Order 1998 is hereby revoked.
3
a
Subject to the provisions of this paragraph nothing in this Order shall preclude a diocesan board of finance from agreeing to pay an additional fee to a diocesan registrar by way of annual fee or retainer (hereinafter called a “supplementary annual fee”) which is in addition to the annual fee or fees prescribed by Order made under the Ecclesiastical Fees Measure 1986.
b
An agreement made under sub-paragraph (a) above shall be expressed to be an agreement for a payment by way of supplementary annual fee.
c
An agreement made under sub-paragraph (a) above shall be in writing. The period for which the agreement is to run shall be stated in the agreement. In the absence of any such statement the agreement shall remain binding until determined by not less than three months' notice on either side.
d
The body responsible for paying a supplementary annual fee shall be the diocesan board of finance.
4
A fee specified in Schedule 1 to this Order (other than a fee specified in Part II of Table I of that Schedule) shall be increased by a sum for reasonable expenses of travel, subsistence, accommodation and the holding of court hearings.
5
Where Value Added Tax is chargeable in respect of the provision of any service for which a fee is prescribed in this Order there shall be payable in addition to that fee the amount of the Value Added Tax.
6
If section 4 of the Care of Places of Worship Measure 1999 comes into operation before the first day of January 2000, the Ecclesiastical Judges and Legal Officers (Fees) Order 1998 shall have effect from the date on which that section comes into operation until its revocation under Article 2 above with the modifications set out in Schedule 2 to this Order.
7
1
This Order may be cited as the Ecclesiastical Judges, Legal Officers and Others (Fees) Order 1999.
2
This Order (other than Article 6 above and Schedule 2 to this Order) shall come into operation on the first day of January 2000.
J Laws
+ George Cantuar:
M J Colman
G F Tattersall
D J V Wright
Dated this 8th day of June 1999
Approved by the General Synod the 10th day of July 1999
D M Williams
Clerk to the Synod


text:
1
1
These Regulations may be cited as the Dual-Use and Related Goods (Export Control) (Amendment) Regulations 1999 and shall come into force on 18th April 1999.
2
In these Regulations, “the principal Regulations” means the Dual-Use and Related Goods (Export Control) Regulations 1996 .
2
The following regulations and provisions shall be revoked:
a
the Dual-Use and Related Goods (Export Control) (Amendment No.2) Regulations 1997 .
b
Regulation 2 of the Dual-Use and Related Goods (Export Control) (Amendment No.3) Regulations 1997 .
c
Regulation 2 of the Dual-Use and Related Goods (Export Control) (Amendment) Regulations 1998 .
d
the Dual-Use and Related Goods (Export Control) (Amendment No.2) Regulations 1998 .
3
In the definition of “the Decision” in regulation 2 of the principal Regulations there shall be substituted for the words after “dual-use goods,” the words “amended by Council Decision No.99/193/CFSP of 9th March 1999 .”.
4
In Schedule 2 to the principal Regulations, in entries 1E915 and 5A990, the word “destinations” shall be replaced by the word “destination”.
Parliamentary Under Secretary of State for Competition and Consumer Affairs
Kim Howells
Department of Trade and Industry
25th March 1999


text:
1
These Regulations may be cited as the Value Added Tax (Amendment) Regulations 1999 and shall come into force on the 1st April 1999.
2
The Value Added Tax Regulations 1995 shall be amended in accordance with the following regulations.
3
Regulations 37A to 37H of the Value Added Tax Regulations 1995 (reimbursement arrangements) shall be renumbered as regulations 43A to 43H respectively.
4
In regulation 43B (as renumbered in accordance with regulation 3 above)–
a
for “regulation 37H” there shall be substituted “regulation 43H”;
b
for “regulation 37C” in paragraph (a) there shall be substituted “regulation 43C”; and
c
for “regulation 37G” in paragraph (b) there shall be substituted “regulation 43G”.
5
In regulation 43C (as renumbered in accordance with regulation 3 above)–
a
for “regulation 37B(a)” there shall be substituted “regulation 43B(a)”;
b
for “regulation 37E” in paragraph (f) there shall be substituted “regulation 43E”; and
c
for “regulation 37F” in paragraph (f) there shall be substituted “regulation 43F”.
6
In regulation 43D (as renumbered in accordance with regulation 3 above)–
a
for “regulation 37C(d) and (e)” there shall be substituted “regulation 43C(d) and (e)”; and
b
for “regulation 37C(a)” there shall be substituted “regulation 43C(a)”.
7
In paragraph (1) of regulation 43F (as renumbered in accordance with regulation 3 above), for “regulation 37E” there shall be substituted “regulation 43E”.
8
–
1
In paragraph (1) of regulation 43G (as renumbered in accordance with regulation 3 above)–
a
for “regulation 37H(b)” there shall be substituted “regulation 43H(b)”; and
b
for “regulation 37B(b)” there shall be substituted “regulation 43B(b)”.
2
In paragraph (2) of regulation 43G (as renumbered in accordance with regulation 3 above)–
a
for “regulation 37E” in subparagraph (e) there shall be substituted “regulation 43E”; and
b
for “regulation 37F” in subparagraph (f) there shall be substituted “regulation 43F”.
9
In regulation 43H (as renumbered in accordance with regulation 3 above)–
a
for “regulation 37C” in paragraph (a) there shall be substituted “regulation 43C”; and
b
for “regulation 37G” in paragraph (b) there shall be substituted “regulation 43G”.
10
–
1
Paragraph (3) of regulation 117 shall be omitted.
2
After paragraph (7) of regulation 117 there shall be inserted–
7A
In regulations 130(a)(i) and 131 the words “overseas visitor” refer to a traveller who is not established within the member States.
7B
For the purposes of paragraph (7A) above, a traveller is not established within the member States only if that traveller’s domicile or habitual residence is situated outside the member States.
7C
Solely for the purposes of paragraph (7B) above, the traveller’s domicile or habitual residence is the place entered as such in a valid–
a
identity document,
b
identity card, or
c
passport.
7D
A document referred to in sub-paragraph (a), (b) or (c) of paragraph (7C) above is valid for the purposes of that paragraph only if–
a
it is so recognised by the Commissioners; and
b
it is not misleading as to the traveller’s true place of domicile or habitual residence.
.
3
In paragraph (8) of regulation 117–
a
for the words “this Part of these Regulations” there shall be substituted “regulation 132”; and
b
the words “the date of the supply mentioned in regulations 130 and 131 or” and the expression “for the purposes of regulation 132,” shall be omitted.
11
Regulation 127 (supplies to export houses) shall be omitted.
12
In regulation 130(a)(ii) the expression “who is not an overseas visitor,” shall be omitted.
Martin Brown
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
23rd February 1999


text:
Citation and commencement
1
This Order may be cited as the Housing Renewal Grants (Common Parts) Order 1999 and shall come into force on 10th February 1999.
Occupying tenants
2
For the purposes of section 14(2)(d) of the Housing Grants, Construction and Regeneration Act 1996 (common parts grants: occupation of flats by occupying tenants), a condition is specified in relation to a tenancy that it is for a term of years absolute of which not less than five years remain unexpired at the date of the application.
Application
3
This Order shall not apply in relation to applications made before this Order comes into force.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
12th January 1999
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
14th January 1999


text:
1
This Order may be cited as the Retirement Benefits Schemes (Indexation of Earnings Cap) Order 1999.
2
The figure specified in this Order, which is the figure found for the year of assessment 1999–00, for the purposes of section 590C of the Income and Corporation Taxes Act 1988, by virtue of subsections (4) and (5) of that section, is £90,600.
David Jamieson
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
9th March 1999


text:
1
This Order may be cited as the A13 Trunk Road (A112 Prince Regent Lane Junction Improvement, Trunk Road and Slip Roads) Order 1999 and shall come into force on 2nd December 1999.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the main new road” means the new highway which the Secretary of State proposes to construct as part of the trunk road along the route described in Schedule 1 to this Order;
ii
“the new trunk roads” means the main new road and the slip roads;
iii
“the plan” means the plan numbered HA 10/PS/226, marked “The A13 Trunk Road (A112 Prince Regent Lane Junction Improvement, Trunk Road and Slip Roads) Order 1999”, signed by authority of the Secretary of State for the Environment, Transport and the Regions deposited at the Department of the Environment, Transport and the Regions, Zone 2/c8 Ashdown House, Victoria Street, London SW1E 6DE;
iv
“the slip roads” means the new highways which the Secretary of State proposes to construct along the routes described in Schedule 2 to this Order and which connect the main new road with other highways at the places stated in that Schedule; and
v
“the trunk road” means the part of the A13 Trunk Road known as Newham Way.
3
The main new road and the slip roads shall become trunk roads from the date when this Order comes into force.
4
The centre line of each of the new trunk roads is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for traffic.
Signed by authority of the Secretary of Statefor the Environment, Transport and the Regions
J Boud
Divisional Director Highways Agency
17th November 1999


text:
Citation and commencement
1
This Order may be cited as the Welsh Language Schemes (Public Bodies) Order 1999 and shall come into force on 6th May 1999.
Specification of public bodies
2
The persons referred to in the Schedule to this Order are specified for the purposes of Part II of the Welsh Language Act 1993.
Alun Michael
Secretary of State for Wales
8th April 1999


text:
Citation and commencement
1
1
This Order may be cited as the Social Security Benefits Up-rating (No. 2) Order 1999.
2
This Order shall come into force immediately after the coming into force of article 3 of the Social Security Up-rating Order 1999 (increase in rates or amounts of certain benefits under the Contributions and Benefits Act).
Amendment to Schedule 4 to the Contributions and Benefits Act 1992
2
In paragraph 11 of Part V of Schedule 4 to the Contributions and Benefits Act (rates of industrial injuries benefit: widower’s pension), for the sum of £66.25 there shall be substituted the sum of £66.75.
Signed by authority of the Secretary of State for Social Security.
Stephen C. Timms
Minister of State,
Department of Social Security
9th February 1999
We consent,
Jane Kennedy
Clive J. C. Betts
Two of the Lords Commissioners of Her Majesty’s Treasury
12th February 1999


text:
1
These Regulations may be cited as the Assured and Protected Tenancies (Lettings to Students) (Amendment) Regulations 1999 and shall come into force on 16th August 1999.
2
Schedule 2 to the Assured and Protected Tenancies (Lettings to Students) Regulations 1998 shall be amended by the insertion at the appropriate place of “Campus Accommodation Ltd”.
George Mudie
Parliamentary Under Secretary of State,
Department for Education and Employment
22nd June 1999
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
23rd June 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (References to Delegated Budgets and Revocation) Regulations 1999 and shall come into force on 1st April 1999.
2
In these Regulations “the 1996 Act ” means the Education Act 1996 and “the 1998 Act ” means the School Standards and Framework Act 1998.
Modification of the 1996 Act and other statutory provisions
2
The provisions referred to in Schedule 1 hereto shall have effect as if–
a
references, however framed, in those provisions to a school (either of a particular type or description, or without qualification) which has a delegated budget were references to such a school which has a delegated budget within the meaning of Part II of the 1998 Act; and
b
references, however framed, in those provisions to a school (either of a particular type or description, or without qualification) which does not have a delegated budget were references to such a school which does not have a delegated budget within the meaning of Part II of the 1998 Act.
3
Section 129 of the 1996 Act shall have effect as if for subsection (1) there were substituted–
1
During any period when a school has a delegated budget within the meaning of Part II of the School Standards and Framework Act 1998, any provisions of the articles of government of the school which are inconsistent with the operation during that period of any provisions of Chapter IV of Part II of that Act or of the local education authority’s scheme under section 48 of that Act shall be of no effect to the extent of the inconsistency.
.
4
References in sections 136 and 140 of, and Schedule 14 to, the 1996 Act to a county school with a delegated budget shall include a maintained special school with a delegated budget within the meaning of Part II of the 1998 Act.
5
1
Notwithstanding the repeal of Chapter V of Part II of the 1996 Act on 1st April 1999 , a scheme such as is mentioned in section 101(1) of that Act which provides for the application of sections 136(2), 137(6) and 139 of, and Schedule 14 to, that Act as referred to in section 140(3) of that Act, shall continue to apply for the purpose of applying those provisions or “the relevant staffing provisions” as defined in section 56(4) of the 1998 Act.
2
Where, in relation to the period beginning on 1st April 1999, a local education authority wish to make new provision for the application of sections 136(2) and 137(6) of, and Schedule 14 to, the 1996 Act and section 57 of the 1998 Act as referred to in section 140(3) of the 1996 Act, whether or not such provision has previously been made by a scheme referred to in section 101(1) of that Act, they may do so by making a determination under this regulation and giving notice of it in writing to the governing body of the school.
6
Paragraph 2(3) of Schedule 7 to the 1996 Act shall have effect as if for sub-paragraph (b) there were substituted–
b
any provisions of a scheme under section 48 of the School Standards and Framework Act 1998 which relates to the school.
.
7
The Education (School Government) Regulations 1989 shall have effect as if for paragraph 2(4)(b)(ii) of the Schedule there were substituted–
ii
the management of the school’s budget share within the meaning of Part II of the School Standards and Framework Act 1998;
.
8
The Education (Modification of Enactments relating to Employment) Order 1998 shall have effect as if for article 2(3) there were substituted–
3
References to “governing bodies with delegated budgets” are references to such a governing body having a right to a delegated budget within the meaning of Part II of the School Standards and Framework Act 1998.
.
Revocation
9
The orders and regulations set out in Schedule 2 hereto are hereby revoked.
Estelle Morris
Minister of State,
Department for Education and Employment
10th March 1999
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
10th March 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Isle of Wight (Electoral Changes) Order 1999.
2
This Order shall come into force–
a
for the purpose of proceedings preliminary or relating to any election to be held on 3rd May 2001, on 10th October 2000.
b
for all other purposes, on 3rd May 2001.
3
In this Order–
“county” means the county of the Isle of Wight;
“division” means an electoral division of the county;
“existing”, in relation to a division, means the division as it exists on the date this Order is made;
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the Isle of Wight (Electoral Changes) Order 1999”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Divisions of the Isle of Wight
2
1
The existing divisions of the county shall be abolished.
2
The county shall be divided into forty-eight divisions which shall bear the names set out in column (1) of Schedule 1.
3
The divisions shall comprise the areas described in column (2) of that Schedule by reference to parishes or parish wards or, where no area is so described, the area designated on the map by reference to the name of the division and demarcated by red lines.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or other similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Bembridge
3
1
The parish of Bembridge shall be divided into two parish wards which shall bear the names Bembridge North and Bembridge South; and each parish ward shall comprise the area of the division of the county bearing the same name.
2
The number of councillors to be elected for each ward shall be six.
Wards of the parish of Cowes
4
1
The existing wards of the parish of Cowes shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Cowes Castle East, Cowes Castle West, Cowes Central and Cowes Medina; and each parish ward shall comprise the area of the division of the county bearing the same name.
3
The number of councillors to be elected for each ward shall be four.
Wards of the parish of East Cowes
5
1
The existing wards of the parish of East Cowes shall be abolished .
2
The parish shall be divided into three parish wards which shall bear the names East Cowes North, East Cowes South and Osborne; the parish wards of East Cowes North and East Cowes South shall be coterminous with the county divisions of the same name, and the Osborne parish ward shall consist of the rest of the parish.
3
The number of councillors to be elected for each of the East Cowes North and East Cowes South wards shall be three and, for the Osborne ward, shall be two.
Wards of the parish of Lake
6
1
The parish of Lake shall be divided into two parish wards which shall bear the names Lake North and Lake South; and each parish ward shall comprise the area of the division of the county bearing the same name.
2
The number of councillors to be elected for each ward shall be six.
Wards of the parish of Sandown
7
1
The parish of Sandown shall be divided into two parish wards which shall bear the names Sandown North and Sandown South; and each parish ward shall comprise the area of the division of the county bearing the same name.
2
The number of councillors to be elected for each ward shall be six.
Wards of the parish of Shanklin
8
1
The existing wards of the parish of Shanklin shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Shanklin Central, Shanklin North and Shanklin South; and each parish ward shall comprise the area of the division of the county bearing the same name.
3
The number of councillors to be elected for each ward shall be five.
Wards of the parish of Shorwell
9
The existing wards of the parish of Shorwell shall be abolished and the number of councillors to be elected for the council of that parish shall be six.
Wards of the parish of Ventnor
10
1
The existing wards of the parish of Ventnor shall be abolished.
2
The parish shall be divided into five parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the areas designated on sheet 2 by reference to the name of the ward and demarcated by orange lines, and the number of councillors to be elected for each parish ward shall be the number specified in column (2) of that Schedule.
Wards of the parish of Yarmouth
11
The number of councillors to be elected for the Thorley ward of the parish of Yarmouth shall be two.
Revocation
12
Article 5(3) of the Isle of Wight (Structural Change) Order 1994 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
26th August 1999


text:
Citation and commencement
1
This Order may be cited as the European Communities (Designation) Order 1999 and shall come into force on 12th April 1999.
Designation of Ministers or departments
2
1
For the purposes of section 2(2) of the European Communities Act 1972 the Ministers or government departments specified in column (1) of the Schedule to this Order are hereby designated in relation to the matters specified in column (2) of that Schedule.
2
Where a Minister or government department is designated in relation to any item in column (2) of the said Schedule, then, for the purposes of the said section 2(2), that Minister or government department is also hereby designated in relation to anything supplemental or related to the matters specified in that item.
3
Where both a Minister and one or more government departments are designated by this Order in relation to any matter, the designation has effect as respects the making of regulations by any of them or by more than one of them acting jointly.
4
Regulations made by a Northern Ireland Department in pursuance of this Order shall form part of the law of Northern Ireland and not of any other part of the United Kingdom.
A.K. Galloway
Clerk of the Privy Council


text:
1
This Order may be cited as the Police (Secretary of State’s Objectives) (No. 2) Order 1999 and shall come into force on 14th June 1999.
2
The Police (Secretary of State’s Objectives) Order 1999 is hereby revoked.
3
The objectives for the policing of the areas of all police authorities established under section 3 of the Police Act 1996 are–
a
to deal speedily and effectively with young offenders and to work with other agencies to reduce offending and re-offending by young people;
b
to identify and reduce local problems of crime and disorder in partnership with local authorities, other local agencies and the public;
c
to target and reduce drug-related crime in partnership with other local agencies, in particular local Drug Action Teams or local Drug and Alcohol Action Teams, and having regard to the Command Paper entitled “Tackling Drugs to Build a Better Britain: the Government’s Ten-Year Strategy for Tackling Drugs Misuse” ; and
d
to increase trust and confidence in policing amongst minority ethnic communities.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
19th May 1999