text:
PART I
PRELIMINARY
Citation, extent, commencement and interpretation
1
1
These regulations, which extend to England only, may be cited as the Non-Domestic Rating (Chargeable Amounts) (England) Regulations 1999 and shall come into force on the day after the day on which they are made.
2
In these Regulations, unless the context otherwise requires–
“ the Act ” means the Local Government Finance Act 1988;
“the 1994 Regulations ” means the Non-Domestic Rating (Chargeable Amounts) Regulations 1994 ;
“the Appeals Regulations ” means the Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1993; ;
“altered hereditament” has the meaning given in paragraph 1 of Schedule 1;
“appropriate valuation officer”–
in relation to a hereditament in relation to which regulations under section 53(1) of the Act (contents of central lists) are in force, means the central valuation officer;
in relation to any other hereditament, means the valuation officer maintaining the list in which the hereditament is, or would be, shown;
“central list” means a list compiled and maintained in accordance with section 52 of the Act;
“creation day” has the meaning given in paragraph 2 of Schedule 2;
“defined central list hereditament” has the meaning given in regulation 19(1);
“defined class of hereditaments” has the meaning given in regulation 28(1);
“defined hereditament” has the meaning given in regulation 3;
“designated person” means a person designated under section 53(1) of the Act;
“list” (except in the phrase “central list”) means the relevant local non-domestic rating list;
“rateable value order” in relation to a class of hereditaments means an order made as respects that class under paragraph 3(2) of Schedule 6 to the Act;
“relevant day” has the meaning given in regulation 2(2);
“relevant factor” means–
any matter mentioned in paragraph 2(7) of Schedule 6 to the Act, or
the extent to which a hereditament is exempt from non-domestic rating;
“relevant period” has the meaning given by regulation 2(1), and
“relevant year” has the meaning given in regulation 2(3).
3
References in these Regulations to the hereditament of a designated person are references to any hereditament or, as the case may be, description or class of hereditaments prescribed under section 53(1) of the Act as respects that designated person.
The relevant period and the relevant day
2
1
The relevant period in relation to which, in accordance with section 58 of the Act, these Regulations apply, is the period beginning on 1st April 2000 and ending on 31st March 2005.
2
A relevant day is a day falling within the relevant period.
3
A relevant year is a financial year falling within the relevant period.
PART II
CHARGEABLE AMOUNTS: LOCAL LIST (GENERAL)
Defined hereditaments
3
1
As regards a relevant day a hereditament is a defined hereditament if–
a
the conditions in paragraph (2) are fulfilled, or
b
it meets the conditions specified in paragraph 1 of Schedule 1, or
c
it meets the conditions specified in paragraph 2 of Schedule 2.
2
The conditions mentioned in paragraph (1)(a) are that the hereditament is shown in the list for–
i
31st March 2000;
ii
the relevant day; and
iii
each day (if any) falling after 31st March 2000 and before the relevant day.
Notional chargeable amount
4
1
The notional chargeable amount for a defined hereditament for a relevant year shall be the amount found by applying the formula–
A × B
2
For the purposes of this regulation–
a
A is the rateable value shown for the hereditament for 1st April 2000 in the list, and
b
B is the non-domestic rating multiplier for the relevant year.
3
Where regulation 15 (change in rateable value: change of circumstances) applies, this regulation applies subject to the modifications made in that regulation.
4
For a hereditament to which Schedule 1 (altered hereditaments) applies, paragraph 3 of that Schedule applies for finding the notional chargeable amount.
5
For a hereditament to which Schedule 2 (splits and mergers) applies, paragraph 8 of that Schedule applies for finding the notional chargeable amount.
6
For a hereditament to which Schedule 3 (splits and mergers: certified values) applies, paragraph 1 of that Schedule applies for finding the notional chargeable amount.
7
For a hereditament to which paragraph 2(b) of Schedule 4 (former central list hereditaments) applies, this regulation applies for finding the notional chargeable amount, subject to the modifications contained in paragraph 6 of that Schedule.
Base liability for 2000/2001 for hereditament subject to previous transitional provisions
5
1
This regulation applies to a defined hereditament for the relevant year beginning in 2000 if regulation 10 of the 1994 Regulations applied to that hereditament for 31st March 2000; and where this regulation applies the base liability for that hereditament for that year shall be found in accordance with this regulation.
2
Except where regulation 11(2) or (4) (changes in rateable value) of the 1994 Regulations applied for the hereditament for 31st March 2000, the base liability shall be found by applying the formula–
BL × AF
3
In a case where regulation 11(2) (increase in rateable value) of the 1994 Regulations applied to the hereditament for 31st March 2000, the base liability shall be found by applying the formula–
( BL × AF ) + ( ( N - J ) × B )
4
In a case where regulation 11(4) (decrease in rateable value) of the 1994 Regulations applied to the hereditament for 31st March 2000, the base liability shall be found by applying the formula–
( BL × AF ) × N J
5
For the purposes of this regulation–
a
BL is the base liability for the hereditament for 31st March 2000, determined in accordance with regulation 7 of the 1994 Regulations, as modified, where appropriate, by Schedule 2 to those Regulations;
b
AF is the appropriate fraction for the hereditament for 31st March 2000, determined in accordance with regulation 8 of the 1994 Regulations;
c
B is the non-domestic rating multiplier for the financial year beginning on 1st April 1999;
d
J is the rateable value shown for the hereditament for 1st April 1995 in the list or, as the case may be, the amount treated as that amount in accordance with regulation 11 (changes in rateable value) or Schedule 2 (splits and mergers) of the 1994 Regulations; and
e
N is the rateable value shown for 31st March 2000 in the list.
6
For a hereditament to which Schedule 2A (splits and mergers: certified values) applies, paragraph 3 of that Schedule applies for finding the base liability for the relevant year beginning in 2000.
Base liability for 2000/2001 for hereditament outside previous transitional provisions
6
1
This regulation applies to a defined hereditament if regulation 10 of the 1994 Regulations did not apply to that hereditament for 31st March 2000.
2
In a case where this regulation applies, the base liability for the hereditament for the relevant year shall be found by applying the formula–
Y × Z
3
For the purposes of this regulation–
a
Y is the rateable value shown for the hereditament for 31st March 2000 in the list, and
b
Z is the non-domestic rating multiplier for the financial year beginning in 1999.
4
Where one or more of the following provisions apply–
a
regulation 16 (change in rateable value before 1st April 2000 not reflected by alteration of list);
b
paragraph 2 of Schedule 1 (altered hereditaments); or
c
paragraph 3 of Schedule 4 (class of central list hereditaments splitting),
this regulation applies subject to the modifications made in the provision concerned.
5
For a hereditament to which Schedule 3 (splits and mergers — certified values) applies, paragraph 2 of that Schedule applies for finding the base liability for the relevant year beginning in 2000.
Base liability for years subsequent to 2000/2001
7
1
The base liability for a defined hereditament for a relevant year (the year concerned) beginning after the first relevant year of the relevant period shall be found by applying the formula–
BL × AF
2
For the purposes of this regulation–
a
BL is the base liability for the hereditament for the relevant year immediately preceding the year concerned, and
b
AF is the appropriate fraction for the hereditament for the relevant year immediately preceding the year concerned.
3
For a hereditament to which Schedule 2 (splits and mergers) applies, paragraphs 9 and 10 of that Schedule apply for finding the base liability.
4
For a hereditament to which Schedule 3 (splits and mergers — certified values) applies, paragraph 3 of that Schedule applies for finding the base liability for years subsequent to the relevant year beginning in 2000.
Appropriate fraction
8
1
The appropriate fraction for a defined hereditament for a relevant year shall be found by applying the formula–
X 100 × Q
2
For the purposes of this regulation, where the notional chargeable amount for the hereditament for the relevant year exceeds the base liability for the hereditament for the year and–
a
the hereditament is situated in Greater London and the rateable value shown for it in the list for 1st April 2000 is £18,000 or more; or
b
the hereditament is situated outside Greater London and the rateable value shown for it in the list for 1st April 2000 is £12,000 or more,
then–
i
for the relevant year beginning on 1st April 2000, X is 112.5;
ii
for the relevant year beginning on 1st April 2001, X is 115;
iii
for the relevant years beginning on 1st April 2002, 2003 and 2004, X is 117.5.
3
For the purposes of this regulation, where the notional chargeable amount for the hereditament for the relevant year exceeds the base liability for the hereditament for the year and–
a
the hereditament is situated in Greater London and the rateable value shown for it in the list for 1st April 2000 is less than £18,000; or
b
the hereditament is situated outside Greater London and the rateable value shown for it in the list for 1st April 2000 is less than £12,000,
then–
i
for the relevant year beginning on 1st April 2000, X is 105;
ii
for the relevant years beginning on 1st April 2001, 2002, 2003 and 2004, X is 107.5.
4
For the purposes of this regulation, where the notional chargeable amount for the hereditament for the relevant year does not exceed the base liability for the hereditament for the year, and
a
the hereditament is situated in Greater London and the rateable value shown for it in the list for 1st April 2000 is £18,000 or more, or
b
the hereditament is situated outside Greater London and the rateable value shown for it in the list for 1st April 2000 is £12,000 or more,
then–
i
for the relevant years beginning on 1st April 2000 and 2001, X is 97.5;
ii
for the relevant year beginning on 1st April 2002, X is 95;
iii
for the relevant year beginning on 1st April 2003, X is 92.5; and
iv
for the relevant year beginning on 1st April 2004, X is 85.
5
For the purposes of this regulation, where the notional chargeable amount for the hereditament does not exceed the base liability for the year and–
a
the hereditament is situated in Greater London and the rateable value shown for it in the list for 1st April 2000 is less than £18,000, or
b
the hereditament is situated outside Greater London and the rateable value shown for it in the list for 1st April 2000 is less than £12,000,
then–
i
for the relevant years beginning on 1st April 2000 and 2001, X is 95;
ii
for the relevant year beginning on 1st April 2002, X is 90;
iii
for the relevant year beginning on 1st April 2003, X is 87.5, and
iv
for the relevant year beginning on 1st April 2004, X is 75.
6
For the purposes of this regulation–
a
Q is the amount found by applying the formula–
RPI ( 1 ) RPI ( 2 )
b
RPI (1) is the retail prices index for September of the financial year preceding the relevant year concerned;
c
RPI(2) is the retail prices index for September of the financial year which precedes the year preceding the relevant year concerned;
d
Q shall, if not a whole number, be calculated to three decimal places only–
i
adding one thousandth where (apart from this sub-paragraph) there would be more than five ten-thousandths; and
ii
ignoring the ten-thousandths where (apart from this sub-paragraph) there would be five, or less than five, ten-thousandths.
7
Where one or more of the provisions mentioned in paragraph (8) apply, this regulation applies subject to the modifications made by the provision concerned.
8
The provisions referred to in paragraph (7) are–
i
regulation 11(4)(b),
ii
regulation 15,
iii
paragraph 5 of Schedule 1, and
iv
paragraph 11 of Schedule 2.
Case for which regulation 10 determines chargeable amount
9
1
Regulation 10 applies to a defined hereditament for a relevant day (the day concerned) if–
a
as regards the hereditament the day concerned is a chargeable day for which a chargeable amount would, but for these Regulations, fall to be determined under section 43 or 45 of the Act, and
b
NCA is–
i
greater than BL and greater than (BL × AF), or
ii
less than BL and less than (BL × AF).
2
For the purposes of this regulation–
a
NCA is the notional chargeable amount for the hereditament for the relevant year within which the day concerned falls,
b
BL is the base liability for the hereditament for the relevant year within which the day concerned falls,
c
AF is the appropriate fraction for the hereditament for the relevant year within which the day concerned falls.
3
Where one or more of the following provisions apply–
a
regulation 11(4) (certified value for new hereditament);
b
regulation 12 (change in rateable value after 1st April 2000);
c
regulation 18 (partly-occupied hereditament); or
d
paragraph 5 of Schedule 4 (former central list hereditament),
regulation 10 applies subject to the modifications made in the provision or provisions concerned.
4
Regulation 10 shall not apply–
a
where regulation 13 (special authorities: special cases) applies in any year; or
b
where Schedule 2 (splits and mergers) applies to a hereditament, in the year in which the creation day falls.
5
Where paragraph 4 of Schedule 1 (altered hereditaments) applies, this regulation applies subject to the modification made by that paragraph.
6
Regulation 10 does not apply to a defined hereditament for the day concerned if–
a
as respects a relevant day falling before the day concerned, the value of X for the purposes of determining the appropriate fraction fell to be determined (or if determined again following an alteration of the list in accordance with regulations made under the Act, fell after that alteration to be determined) in accordance with regulation 8(2) or 8(3), and
b
as respects the day concerned, the value of X falls to be determined (or if determined again following an alteration of the list in accordance with regulations made under the Act, falls after that alteration to be determined) in accordance with regulation 8(4) or 8(5);
or if–
i
as respects a relevant day falling before the day concerned, the value of X for the purposes of determining the appropriate fraction fell to be determined (or if determined again following an alteration of the list in accordance with regulations made under the Act, fell after that alteration to be determined) in accordance with regulation 8(4) or 8(5), and
ii
as respects the day concerned, the value of X falls to be determined (or if determined again following an alteration of the list in accordance with regulations made under the Act, falls after that alteration to be determined) in accordance with regulation 8(2) or 8(3).
Rules for determining chargeable amount
10
1
For a hereditament to which this regulation applies, the chargeable amount for a chargeable day which is a relevant day shall be found in accordance with the rules prescribed in this regulation in place of the provisions of sections 43(4) to (6E), 44 and 45(4) to (6) of the Act .
2
Subject to paragraphs (4), (6) and (8), the chargeable amount for the chargeable day shall be calculated by applying the formula–
( BL × AF ) C
3
For the purposes of this regulation–
a
C is the number of days in the year in which the relevant day falls, and
b
BL and AF have the meanings given in regulation 9(2).
4
Where paragraph (5) applies, the chargeable amount for a chargeable day shall be found by dividing the amount calculated in accordance with paragraph (2) by 5.
5
This paragraph applies where, on the day concerned, the ratepayer is a charity or trustees for a charity and the hereditament is wholly or mainly used for charitable purposes (whether of that charity or of that and other charities).
6
Where paragraph (7) applies, the chargeable amount for a chargeable day shall be found by dividing the amount calculated in accordance with paragraph (2) by 2.
7
This paragraph applies where, on the day concerned, section 43(6B) of the Act (general stores etc. in rural settlements) applies as respects the hereditament.
8
Where paragraph (9) applies, the chargeable amount for a chargeable day shall be found by dividing the amount calculated in accordance with paragraph (2) by 2, or, in a case where section 45(6) of the Act (unoccupied hereditaments of charities) applies, by dividing it by 10.
9
This paragraph applies where, on the day concerned, the conditions in section 45(1) of the Act (unoccupied property) are fulfilled as respects the hereditament.
Certified value for new hereditament
11
1
This regulation applies in any year beginning on or after 1st April 2000 for the calculation of a chargeable amount in relation to a defined hereditament which is a new hereditament coming into existence on or after 1st April 2000 in circumstances where Schedule 2 applies; and in this regulation and in Schedule 3 the expressions “new hereditament” and “creation day” have the meanings given to each in Schedule 2.
2
Where this regulation applies in respect of a new hereditament on a relevant day, an interested person may apply for a value to be certified for that hereditament as specified in paragraph (3); and in this paragraph “interested person” has the same meaning as in the Appeals Regulations .
3
The value specified in this paragraph is the value certified by the appropriate valuation officer to be the rateable value which would have been shown in the list for the new hereditament if it had existed on 31st March 2000 and had fallen to be entered in the list for that day.
4
Where a value has been certified as specified in paragraph (3) in respect of a new hereditament–
a
Schedule 3 applies in relation to that hereditament in place of Schedule 2, and
b
regulations 8 to 14 apply in relation to that hereditament as if for references to 1st April 2000 there were substituted references to the creation day.
Change in rateable value after 1st April 2000
12
1
Paragraph (2) applies in respect of a defined hereditament in a case where regulation 10 applies where for a day after 1st April 2000 the rateable value shown in the list for the hereditament is greater than that shown for it for 1st April 2000.
2
Where this paragraph applies, regulation 10 shall have effect as regards the hereditament for the day as if the reference in that regulation to the formula
( BL × AF ) C
were a reference to–
( BL × AF ) C + ( N - J ) × B C
3
Paragraph (4) applies in respect of a defined hereditament in a case where regulation 10 applies where for a day after 1st April 2000 the rateable value shown in the list for the hereditament is less than that shown for 1st April 2000.
4
Where this paragraph applies, regulation 10 shall have effect as regards the hereditament for the day as if the reference in that regulation to the formula
( BL × AF ) C
were a reference to–
( BL × AF ) C × N J
5
For the purposes of the provisions substituted by paragraphs (2) and (4)–
a
B is the non-domestic rating multiplier for the relevant year in which the day falls;
b
C is the number of days in the relevant year in which the relevant day falls;
c
J is the rateable value shown for the hereditament in the list for 1st April 2000;
d
N is the rateable value shown for the hereditament in the list for the day; and
e
BL and AF have the meanings given in regulation 9(2).
6
Where one or more of the following provisions apply–
a
regulation 11(4)(b) (certified value for new hereditament);
b
regulation 15 (change in rateable value: change of circumstances on 1st April 2000);
c
paragraph 5 of Schedule 1 (altered hereditament);
d
paragraph 11 of Schedule 2 (rateable value: split or merger after 1st April 2000),
this regulation applies subject to the modification made by the provision concerned.
Special authorities: special cases
13
1
This regulation applies in relation to a defined hereditament which fulfils the conditions in regulation 9(1), and which is situated in the area of a special authority, for a relevant year for which the non-domestic rating multiplier set by the special authority is different from the non-domestic rating multiplier for the year.
2
Subject to paragraphs (4) and (6), in any relevant year where this regulation applies and D exceeds B, the chargeable amount for a chargeable day which is a relevant day for the hereditament shall, in place of the provisions of sections 43(4) to (6), 44 and 45(4) to (6) of the Act, be calculated by applying the formula–
( BL × AF ) C + ( ( D - B ) × J ) C
3
For the purposes of this regulation–
a
B is the non-domestic rating multiplier for the year in which the chargeable day falls;
b
J is the rateable value shown for the hereditament in the list for 1st April 2000;
c
D is the non-domestic rating multiplier of the special authority concerned for the relevant year in which the chargeable day falls;
d
C is the number of days in the relevant year; and
e
BL and AF have the meanings given by regulation 9(2).
4
In a relevant year where this regulation and paragraph (5) apply and D exceeds B, the chargeable amount for a chargeable day which is a relevant day for the hereditament shall be found by dividing the amount calculated in accordance with paragraph (2) by 5.
5
This paragraph applies where, on the chargeable day, the ratepayer is a charity or trustees for a charity and the hereditament is wholly or mainly used for charitable purposes (whether of that charity or of that and other charities).
6
In a relevant year when this regulation and paragraph (7) apply and D exceeds B, the chargeable amount for a chargeable day which is a relevant day for the hereditament shall be found by dividing the amount calculated in accordance with paragraph (2) by 2, or, in a case where section 45(6) of the Act (unoccupied hereditaments of charities) applies, by dividing the amount calculated in accordance with paragraph (2) by 10.
7
This paragraph applies where, on the chargeable day, the conditions in section 45(1) of the Act (unoccupied property) are fulfilled as respects the hereditament.
8
Subject to paragraphs (9) and (10), where this regulation applies and in a relevant year D is less than B, the chargeable amount for the chargeable day which is a relevant day for the hereditament shall be calculated by applying the formula–
( BL × AF ) C × D B
9
In a relevant year where this regulation and paragraph (5) apply and D is less than B, the chargeable amount for the chargeable day which is a relevant day for the hereditament shall be found by dividing the amount calculated in accordance with paragraph (8) by 5.
10
In a relevant year where this regulation and paragraph (7) apply and D is less than B, the chargeable amount for a chargeable day which is a relevant day for the hereditament shall be found by dividing the amount calculated in accordance with paragraph (8) by 2, or, in a case where section 45(6) of the Act (unoccupied hereditaments of charities) applies, by dividing the amount calculated in accordance with paragraph (8) by 10.
11
Where one or more of the following provisions apply–
a
regulation 11(4)(b) (certified value for new hereditament),
b
regulation 14 (special authorities: change in rateable value after 1st April 2000),
c
regulation 17 (hereditaments losing Crown exemption),
d
regulation 18 (partly-occupied hereditaments),
e
paragraph 5 of Schedule 1 (altered hereditaments),
f
paragraph 11 of Schedule 2 (splits and mergers),
g
paragraph 6 of Schedule 4 (former central list hereditament);
this regulation applies subject to the modification made by the provisions concerned.
12
For a hereditament to which this regulation and Schedule 2 (splits and mergers) apply, the chargeable amount for a chargeable day in the year in which the creation day falls shall be found in accordance with Schedule 2.
Special authorities: change in rateable value after 1st April 2000
14
1
Paragraph (2) applies where for a day after 1st April 2000, the rateable value shown in the list for a defined hereditament in a case where regulation 13 applies is greater than that shown for it for 1st April 2000.
2
Where this paragraph applies, regulation 13 shall have effect as regards the hereditament for the day as if the reference to the formula–
( BL × AF ) C + ( D - B ) × J C
were a reference to the formula–
( BL × AF ) C + ( N × D ) - ( J × B ) C
and as if the reference to the formula–
( BL × AF ) C × D B
were a reference to the formula–
( BL × AF ) C × D B + ( N - J ) × D C
3
Paragraph (4) applies where for a day after 1st April 2000 the rateable value shown in a list for a defined hereditament in a case where regulation 13 applies is less than that shown for it for 1st April 2000.
4
Where this paragraph applies, regulation 13 (special authorities: special cases) shall have effect as regards the hereditament for the day as if the reference to the formula–
( BL × AF ) C + ( D - B ) × J C
were a reference to the formula–
( ( BL × AF ) C × N J ) + ( D - B ) × N C
and as if the reference to the formula–
( BL × AF ) C × D B
were a reference to the formula–
( BL × AF ) C × D B × N J
5
For the purposes of paragraphs (2) and (4)–
a
B is the non-domestic rating multiplier for the relevant year in which the chargeable day falls;
b
C is the number of days in the relevant year;
c
D is the non-domestic rating multiplier of the special authority concerned for the relevant year;
d
N is the rateable value shown in the list for the hereditament for the day;
e
J is the rateable value shown in the list for the hereditament for 1st April 2000; and
f
BL and AF have the meanings given by regulation 9(2).
6
Where one or more of the following provisions apply–
a
regulation 11(4)(b) (certified value for new hereditament),
b
regulation 15 (change in rateable value: change of circumstances),
c
paragraph 5 of Schedule 1 (altered hereditament),
d
paragraph 11 of Schedule 2 (splits and mergers),
e
paragraph 6 of Schedule 4 (former central list hereditament),
this regulation applies subject to the modification made by the provision concerned.
PART III
CHARGEABLE AMOUNTS: SPECIAL CASES
Change in rateable value: change of circumstances on 1st April 2000 (local lists)
15
1
This regulation applies where any circumstances regarding a relevant factor taken into account in determining the rateable value shown for a defined hereditament for 1st April 2000 in the list are different from the circumstances regarding that factor existing on 31st March 2000, so that the rateable value shown for 1st April 2000 is different from that which would have been shown if the circumstances regarding that factor existing on 31st March 2000 continued to exist on 1st April 2000.
2
Where this regulation applies, the references in regulations 4 and 8 to a rateable value shown for 1st April 2000 shall be treated as references to the value certified by the appropriate valuation officer to be the rateable value which would have been shown for that day if that value had fallen to be determined as regards that factor by reference to the circumstances existing on 31st March 2000.
3
Where this regulation and regulation 10 apply, regulations 12 and 14 apply and–
a
the reference in regulations 12(1), (3) and (5) and 14(1), (3) and (5) to a rateable value shown for 1st April 2000 shall be treated as references to the value certified by the appropriate valuation officer to be the rateable value which would have been shown for that day if that value had fallen to be determined as regards that factor by reference to the circumstances existing on 31st March 2000, and
b
the references in regulations 12(1) and (3) and 14(1) and (3) to the rateable value for a day after 1st April 2000 shall be treated as including a reference to the rateable value actually shown for 1st April 2000.
Change in value before 1st April 2000 not reflected by alteration to local list
16
1
This regulation applies where–
a
the appropriate valuation officer has with effect from 1st April 2000 altered the list in relation to a hereditament in accordance with regulation 13(8B) of the Appeals Regulations ;
b
the rateable value shown for the hereditament in the list for 31st March 2000 is inaccurate; and
c
had the valuation officer been aware of that inaccuracy in sufficient time to have altered the list, he would have altered the list to correct the inaccuracy.
2
Where this regulation applies, the reference to Y in regulation 6 (base liability where hereditament outside previous transitional provisions) shall be treated as a reference to a value certified by the appropriate valuation officer to be the rateable value which would have been shown in the list for 31st March 2000 had the list been altered on or before that date to correct the inaccuracy referred to in paragraph (1)(b) of this regulation.
Crown hereditaments
17
1
This regulation applies to a hereditament which becomes subject to rating on 1st April 2000 by virtue of section 65A (Crown property) of the Act.
2
For the purposes of regulations 5(1) and 6(1), (or, as the case may be, regulations 20(1) and 21(1)), regulation 10 (or, as the case may be, regulation 25) of the 1994 Regulations is to be treated as applying or not applying for 31st March 2000 in respect of the hereditament if, but for any rules as to Crown exemption from rating applying to the hereditament for that day, that regulation would have applied or, as the case may be, would not have applied for that day.
3
For the purpose of regulation 5(2) to (4) (or, as the case may be, regulation 21(2) to (7) of these Regulations, regulation 11(2) (increase in rateable value) or (4) (decrease in rateable value) or (as the case may be) regulation 26(2) of the 1994 Regulations is to be treated as applying or not applying for 31st March 2000 in respect of the hereditament if, but for any rules as to Crown exemption from rating applying to the hereditament for that day, regulation 10 or (as the case may be) regulation 26 of these Regulations would have applied or, as the case may be, would not have applied for that day.
4
For the purposes of regulation 5 or (as the case may be) regulation 21, the base liability and appropriate fraction which, but for any rules as to Crown exemption from rating applying to the hereditament, would have been the base liability and appropriate fraction for the hereditament for 31st March 2000 determined as mentioned in that regulation shall be treated as being that base liability and that appropriate fraction for the hereditament.
5
For the purposes of determining under this regulation the base liability which, but for any rules as to Crown exemption from rating applying to that hereditament would have been the base liability for 31st March 2000, the appropriate valuation officer shall certify any value which, but for those rules, would have been required for that purpose.
Partly-occupied hereditaments
18
1
As regards a relevant day and a defined hereditament in relation to which an apportionment under section 44A of the Act (partly-occupied hereditaments) is applicable, any chargeable amount for the day as respects the hereditament found in accordance with regulations 10 or 13 or Schedule 2 (as modified by any provision of these Regulations) shall be treated as multiplied by the factor–
A P
2
In paragraph (1)–
A is the amount found under section 44(2) of the Act, as substituted by section 44A(7) or (9) (as the case may be) for the relevant day as respects the hereditament, and
P is the rateable value shown for the hereditament under section 42(4) of the Act.
PART IV
CHARGEABLE AMOUNTS — CENTRAL LIST (GENERAL)
Defined central list hereditament: rateable value assessed conventionally
19
1
As regards a relevant day, a hereditament is a defined central list hereditament if the first and second conditions are satisfied.
2
The first condition is that the hereditament is shown in the central or a local non-domestic rating list for 31st March 2000 and in the central list for–
a
the relevant day; and
b
each day (if any) falling after 31st March 2000 and before the relevant day.
3
The second condition is that for each day referred to in paragraph 2(a) or (b), a rateable value, determined for the hereditament under paragraphs 2 to 2C of Schedule 6 to the Act, is included in the rateable value (as a whole) shown in the central list against the name of the designated person for the hereditaments prescribed in relation to that person.
Base liability for 2000/2001 for central list hereditament outside previous transitional provisions
20
1
This regulation applies to a defined central list hereditament for the relevant year beginning in 2000 if neither regulation 10 (rules for determining chargeable amount: local lists) nor regulation 25 (rules for determining chargeable amount: central list) of the 1994 Regulations applies to that hereditament for 31st March 2000.
2
Where this regulation applies to a hereditament, the base liability for that hereditament shall be found by applying the formula Y × Z.
3
For the purposes of this regulation–
a
Y is–
i
in the case of a hereditament shown in a local non-domestic rating list for 31st March 2000, the value shown for the hereditament for that date in the list, and
ii
in the case of a hereditament shown in the central list for 31st March 2000, the value certified by the appropriate valuation officer to be the rateable value which would have been shown for the hereditament for 31st March 2000 in the central list if that had been the only hereditament of the designated person shown in that list for that date, and
b
Z is the non-domestic rating multiplier for the financial year beginning in 1999.
Base liability for 2000/2001 for central list hereditament within previous transitional provisions
21
1
This regulation applies to a defined central list hereditament for the relevant year beginning in 2000 if regulation 10 (rules for determining chargeable amount: local lists) or regulation 25 (rules for determining chargeable amount: central list) of the 1994 Regulations applies to that hereditament for 31st March 2000.
2
In a case where regulation 10 of the 1994 Regulations applies to the hereditament for 31st March 2000, except where regulation 11(2) or 11(4) (changes in rateable value) of the 1994 Regulations also applies, the base liability shall be found by applying the formula (BL × AF).
3
In a case where regulation 11(2) of the 1994 Regulations applies to the hereditament for 31st March 2000, the base liability shall be found by applying the formula (BL × AF) + (N − J) × B.
4
In a case where regulation 11(4) of the 1994 Regulations applies to the hereditament for 31st March 2000, the base liability shall be found by applying the formula–
( BL × AF ) × N J
5
For the purposes of paragraphs (1) to (4), BL, AF, N and J have the same meanings as in regulation 5.
6
In a case where regulation 25 of the 1994 Regulations applies to the hereditament for 31st March 2000 and regulation 26(2) of those Regulations does not apply, the base liability shall be found by applying the formula (BL × AF).
7
In a case where regulation 26(2) applies to the hereditament for 31st March 2000, the base liability shall be found–
a
in a case where N is greater than J, by applying the formula (BL × AF) + ((N − J) × B);
b
in a case where N is less than J, by applying the formula
( BL × AF ) × N J
.
8
For the purposes of paragraphs (6) and (7)–
BL is the base liability for the hereditament for 31st March 2000 determined in accordance with regulation 21 of the 1994 Regulations;
AF is the appropriate fraction for the hereditament for 31st March 2000 determined in accordance with regulation 23 of those Regulations;
B is the non-domestic rating multiplier for the financial year beginning on 1st April 1999;
J is the value certified by the appropriate valuation officer to be the amount of the rateable value which would have been shown in the central list for the hereditament for 1st April 1995 if that had been the only hereditament of the designated person shown in the list for that day; and
N is the value certified by the appropriate valuation officer to be the rateable value which would have been shown for the hereditament for 31st March 2000 in the central list if that has been the only hereditament of the designated person shown in that list for that date.
Base liability for central list hereditament for subsequent years
22
1
The base liability for a defined central list hereditament for a relevant year (the year concerned) beginning after the first relevant year of the relevant period shall be found by applying the formula (BL × AF).
2
For the purposes of this regulation–
BL is the base liability for the hereditament for the relevant year immediately preceding the year concerned, and
AF is the appropriate fraction for the hereditament for the relevant year immediately preceding the year concerned.
Notional chargeable amount for central list hereditament
23
1
The notional chargeable amount for a defined central list hereditament for a relevant year shall be found by applying the formula A × B.
2
For the purposes of this regulation–
A is the value certified by the appropriate valuation officer to be the rateable value which would have been shown in the central list for that hereditament for 1st April 2000 if that had been the only hereditament of the designated person shown in the list for that date, and
B is the non-domestic rating multiplier for the relevant year.
Appropriate fraction for central list hereditament
24
1
The appropriate fraction for a defined central list hereditament for a relevant year shall be found by applying the formula–
X 100 × Q
.
2
For the purposes of this regulation–
a
where the notional chargeable amount of the hereditament for the relevant year exceeds the base liability for the hereditament for the year, then–
i
for the relevant year beginning on 1st April 2000, X is 112.5;
ii
for the relevant year beginning on 1st April 2001, X is 115;
iii
for the relevant years beginning on 1st April 2002, 2003 and 2004, X is 117.5;
b
where the notional chargeable amount for the hereditament for the relevant year does not exceed the base liability for the year, then–
i
for the relevant financial years beginning on 1st April 2000 and 2001, X is 97.5;
ii
for the relevant financial year beginning on 1st April 2002, X is 95;
iii
for the relevant financial year beginning on 1st April 2003, X is 92.5; and
iv
for the relevant financial year beginning on 1st April 2004, X is 85.
3
For the purposes of this regulation–
Q is the amount found by applying the formula–
RPI ( 1 ) RPI ( 2 )
where–
RPI(1) is the retail prices index for September of the financial year preceding the relevant year concerned;
RPI(2) is the retail prices index for September of the financial year which precedes the year preceding the relevant year concerned; and
Q shall, if not a whole number, be calculated to 3 decimal places only–
adding one thousandth where (apart from this sub-paragraph) there would be more than ten-thousandths, and
ignoring the ten-thousandths where (apart from this sub-paragraph) there would be 5, or less than 5, ten-thousandths.
Central list hereditament — case for which regulation 26 determines chargeable amount
25
1
Regulation 26 applies to a defined central list hereditament for a chargeable day which is a relevant day (the day concerned) if–
a
a chargeable amount for the day concerned would, but for these Regulations, fall to be determined under section 54 of the Act, and
b
NCA is–
i
greater than BL and greater than (BL × AF), or
ii
less than BL and less than (BL × AF).
2
For the purposes of this regulation–
a
NCA is the notional chargeable amount for the hereditament for the relevant year within which the day concerned falls;
b
BL is the base liability for the hereditament for the relevant year within which the day concerned falls; and
c
AF is the appropriate fraction for the hereditament for the relevant year within which the day concerned falls.
3
Regulation 26 does not apply to a defined central list hereditament for the day concerned if–
a
as respects a relevant day falling before the day concerned, the value of X for the purposes of determining the appropriate fraction fell to be determined (of if determined again following an alteration of the central list, in accordance with regulations made under the Act, fell after that alteration to be determined) in accordance with regulation 24(2)(a), and
b
as respects the day concerned, the value of X falls to be determined (or if determined again following an alteration of the central list, in accordance with regulations made under the Act, falls after that alteration to be determined) in accordance with regulation 24(2)(b);
or if–
i
as respects a relevant day falling before the day concerned, the value of X for the purposes of determining the appropriate fraction fell to be determined (of if determined again following an alteration of the central list, in accordance with regulations made under the Act, fell after that alteration to be determined) in accordance with regulation 24(2)(b), and
ii
as respects the day concerned, the value of X falls to be determined (or if determined again following an alteration of the central list, in accordance with regulations made under the Act, falls after that alteration to be determined) in accordance with regulation 24(2)(a).
Central list hereditament: rules for determining chargeable amount
26
1
Where this regulation applies to a hereditament, the chargeable amount as respects the designated person for the description of hereditaments of which it forms the whole or part for a chargeable day which is a relevant day shall be found in accordance with the rules prescribed in paragraph (2) in place of the provisions of section 54(4) to (7) of the Act.
2
The chargeable amount for a chargeable day shall be calculated by applying the formula–
( A × B ) + H C
.
3
For the purposes of this regulation–
A is the amount certified by the appropriate valuation officer to be the portion of the rateable value shown for the day in the central list against the name of the designated person which is not attributable to hereditaments to which this regulation applies;
B is the non-domestic rating multiplier for the relevant year;
C is the number of days in the relevant year;
H is the aggregate for the day of the amounts found by applying the formula–
( BL × AF ) C
for every hereditament to which this regulation applies shown for the day in the central list against the name of the designated person; and
BL and AF have the meanings given in regulation 25(2).
4
In a case where regulation 27 applies, this regulation has effect subject to the modifications made in that regulation.
Change in rateable value for defined central list hereditament after 1st April 2000
27
1
Paragraph (2) applies in respect of a defined central list hereditament in a case where regulation 26 applies where for a chargeable day after 1st April 2000 the appropriate valuation officer certifies that the value attributable to a defined central list hereditament of a designated person is different from the value attributable to the hereditament for 1st April 2000.
2
Where this paragraph applies, regulation 26 applies as regards the central list hereditament for the chargeable day as if the reference to the formula–
( A × B ) + H C
were a reference to–
( A × B ) + H + I + K C
3
For the purposes of this regulation and the provisions substituted by this regulation–
A, B and C have the meanings given in regulation 6;
H is the aggregate for the chargeable day of the amounts found by applying the formula
( BL × AF ) C
for every hereditament for which a value is included in the rateable value shown for the day in the central list against the name of the designated person to which regulation 26 applies but to which paragraph (2) does not apply;
I is the aggregate for the chargeable day of the amounts found by applying the formula–
( BL × AF ) C + ( N - J ) × B C
for every hereditament for which a value is included in the rateable value shown for the day in the central list against the name of the designated person to which paragraph (2) applies and for which the value attributable for the day is greater than the value attributable for 1st April 2000;
J is the value certified by the appropriate valuation officer to be the value attributable to the defined central list hereditament for 1st April 2000; and
K is the aggregate for the chargeable day of the amounts found by applying the formula
( BL × AF ) C × N J
for every hereditament for which a value is included in the rateable value shown for the day in the central list against the name of the designated person to which paragraph (2) applies and for which the value attributable for the day is less than the value attributable for 1st April 2000;
N is the value certified by the appropriate valuation officer to be the value attributable to the defined central list hereditament for the chargeable day; and
BL and AF have the meanings given in regulation 25(2).
4
For the purposes of this regulation, in relation to a defined central list hereditament the value attributable for a day is to be taken to be the rateable value which would have been shown for the hereditament in the central list for the day if the hereditament had been the only hereditament of the designated person shown in that list for that day.
5
A certification of a value by the appropriate valuation officer in respect of a defined hereditament for a day shall be treated as applicable for any day in the period commencing on that day and ending on the day immediately preceding any further certification under this regulation in respect of that hereditament.
PART V
CHARGEABLE AMOUNTS: CLASS OF CENTRAL LIST HEREDITAMENTS
Defined class of central list hereditaments for which rateable values are prescribed
28
1
In this Part, a defined class of hereditaments is any class of hereditaments prescribed as respects a designated person by regulations for the purposes of section 53(1) of the Act, for which–
a
a rateable value specified, or determined in accordance with rules prescribed, by order under paragraph 3(2) of Schedule 6 to the Act, is shown in the central list for 31st March 2000; and
b
a rateable value is shown in the central list for 1st April 2000.
2
This Part applies to classes of hereditaments where Schedule 4 applies subject to modifications made in that Schedule.
Base liability for 2000/2001 for defined class of hereditaments
29
1
The base liability of a defined class of hereditaments for the relevant year beginning in 2000 shall be found by applying the formula Y × Z.
2
For the purposes of this regulation–
Y is the rateable value shown for the class of hereditaments in the central list for 31st March 2000; and
Z is the non-domestic rating multiplier for the financial year beginning in 1999.
Base liability for defined class of hereditaments for years subsequent to 2000/2001
30
1
The base liability for a defined class of hereditaments for a relevant year beginning after the first relevant year of the relevant period (the year concerned) shall be found by applying the formula (BL × AF).
2
For the purposes of this regulation–
BL is the base liability for the class of hereditaments for the relevant year immediately preceding the year concerned, and
AF is the appropriate fraction for the class of hereditaments for the relevant year immediately preceding the year concerned.
Notional chargeable amount for defined class of hereditaments
31
1
The notional chargeable amount for a relevant year for a defined class of hereditaments shall be found by applying the formula A × B.
2
For the purposes of this regulation–
A is the rateable value shown in the central list for the class of hereditaments for 1st April 2000; and
B is the non-domestic rating multiplier for the relevant year.
Appropriate fraction for defined class of hereditaments
32
1
The appropriate fraction for a relevant year for a defined class of hereditaments shall be found by applying the formula–
X 100 × Q
.
2
For the purposes of this regulation–
a
where the notional chargeable amount of the class of hereditaments for the relevant year exceeds the base liability for the class for the year, then–
i
for the relevant year beginning on 1st April 2000, X is 112.5;
ii
for the relevant year beginning on 1st April 2001, X is 115;
iii
for the relevant years beginning on 1st April 2002, 2003 and 2004, X is 117.5;
b
where the notional chargeable amount for the class of hereditaments for the relevant year does not exceed the base liability for the class for the year, then–
i
for the relevant financial years beginning on 1st April 2000 and 2001, X is 97.5;
ii
for the relevant financial year beginning on 1st April 2002, X is 95;
iii
for the relevant financial year beginning on 1st April 2003, X is 92.5; and
iv
for the relevant financial year beginning on 1st April 2004, X is 85.
3
For the purposes of this regulation Q is the amount found by applying the formula–
RPI ( 1 ) RPI ( 2 )
a
RPI(1) is the retail prices index for September of the financial year preceding the relevant year concerned;
b
RPI(2) is the retail prices index for September of the financial year which precedes the year preceding the relevant year concerned;
c
Q shall, if not a whole number, be calculated to three decimal places only–
i
adding one thousandth where (apart from this sub-paragraph) there would be more than five ten-thousandths, and
ii
ignoring the ten-thousandths where (apart from this sub-paragraph) there would be five, or less than five, ten-thousandths.
Defined class of hereditaments: case for which regulation 34 determines chargeable amount
33
1
Regulation 34 applies to a defined class of hereditament for a relevant day (the day concerned) if–
a
as regards the class of hereditaments the day concerned is a chargeable day for which a chargeable amount would, but for the Regulations, fall to be determined under section 54 of the Act, and
b
NCA is–
i
greater than BL and greater than (BL × AF), or
ii
less than BL and less than (BL × AF).
2
For the purposes of this regulation–
NCA is the notional chargeable amount for the class of hereditaments for the relevant year within which the day concerned falls,
BL is the base liability for the class of hereditaments for the relevant year within which the day concerned falls,
AF is the appropriate fraction for the class of hereditaments for the relevant year within which the day concerned falls.
3
Regulation 34 does not apply to a defined class of hereditaments for the day concerned if–
a
as respects a relevant day falling before the day concerned, the value of X for the purposes of determining the appropriate fraction fell to be determined in accordance with regulation 32(2)(a); and
b
as respects the day concerned, the value of X falls to be determined in accordance with regulation 32(2)(b);
or if–
i
as respects a relevant day falling before the day concerned, the value of X, for the purposes of determining the appropriate fraction, fell to be determined in accordance with regulation 32(2)(b), and
ii
as respects the day concerned, the value of X falls to be determined in accordance with regulation 32(2)(a).
Chargeable amount for defined class of hereditaments
34
1
The chargeable amount for a chargeable day which is a relevant day for a class of hereditaments to which this regulation applies shall be found in accordance with the rules prescribed in paragraph (2) in place of the provisions of section 54(4) to (7) of the Act.
2
Where this regulation applies, the chargeable amount for the chargeable day shall be calculated by applying the formula–
( BL × AF ) C
.
3
For the purposes of this regulation–
BL and AF have the meanings given in regulation 33(2), and
C is the number of days in the relevant year.
4
Where this regulation applies, it has effect subject to the provisions of regulation 35.
Change in rateable value for defined class of hereditaments on or after 1st April 2000
35
1
Where regulation 34 applies in respect of a defined class of hereditaments, paragraph (2) applies where for a day on or after 1st April 2000 the rateable value shown in the central list for the class of hereditaments is greater than the amount J.
2
Where this paragraph applies, regulation 34 applies as regards the class of hereditaments for the day as if the reference to
( BL × AF ) C
were a reference to–
( BL × AF ) C + ( N - J ) × B C
.
3
Where regulation 34 applies, paragraph (4) applies in respect of a defined class of hereditaments where for a day on or after 1st April 2000 the rateable value shown in the central list of the class of hereditaments is less than the amount J.
4
Where this paragraph applies, regulation 34 shall have effect as regards the class of hereditaments for the days as if the reference to
( BL × AF ) C
were a reference to–
( BL × AF ) C × N J
.
5
For the purposes of this regulation–
B is the non-domestic rating multiplier for the relevant year in which the day falls;
C is the number of days in the relevant year;
J is the rateable value shown for the class of hereditaments for 1st April 2000 in the central list;
N is the rateable value shown for the class of hereditaments for the day in the central list; and
BL and AF have the meanings given in regulation 33(2).
PART VI
CERTIFICATION
Certification by appropriate valuation officer
36
1
The appropriate valuation officer shall certify the values which fall to be certified by him under these Regulations as soon as practicable after the circumstances calling for the certification come to his attention (whether by virtue of an application by the billing authority, the Secretary of State, the ratepayer concerned, or otherwise).
2
Where, whether by reason of a decision of a valuation tribunal or otherwise, the appropriate valuation officer forms the opinion that a certification under any of the foregoing provisions of these Regulations (other than such a certification which has been confirmed on appeal) is inaccurate, he shall certify the value which in his opinion should be substituted for that originally certified.
3
A certification under paragraph (2) shall have effect for the purposes of the foregoing provisions of these Regulations in place of the previous certification, and any appeal against that certification under regulation 37 of these Regulations shall be deemed to have been withdrawn.
4
The valuation officer certifying a value in pursuance of these Regulations shall send a copy of the certification to–
a
the billing authority concerned, or, in so far as it relates to a liability under section 54 of the Act, the Secretary of State; and
b
subject to paragraph (5), the ratepayer concerned.
5
Where the certificate in question is given for the purposes of regulation 17(5), no copy is required to be sent in pursuance of paragraph (4)(b) unless the certification is one which has been substituted in pursuance of paragraph (2).
6
The copy of a certification sent to a ratepayer in pursuance of paragraph (4) shall be accompanied by a statement of the effect, in relation to the certification–
a
of regulation 37, and
b
where it is a certification under paragraph (2), of paragraph (3),
and may be sent to the ratepayer’s last known address or to the address of the hereditament in question.
7
The valuation officer certifying a value in pursuance of these Regulations shall retain the certification, and a person may at any reasonable time inspect it.
Appeals against certification
37
1
Subject to paragraph (5), where an interested person in relation to a hereditament in respect of which a value is certified by an appropriate valuation officer in pursuance of any provision of these Regulations is dissatisfied with the value so certified, he may appeal against the certification in accordance with this regulation.
2
An appeal under paragraph (1) shall be initiated by serving, before April 2001, a notice on the valuation officer stating the appellant’s reasons for being dissatisfied.
3
Unless within 4 weeks of the date of the service of the notice of the appellant’s reasons under paragraph (2), either–
a
the notice is withdrawn, or
b
the appropriate valuation officer and the appellant agree in writing as to the value which should be certified,
the disagreement shall at the expiry of that period be referred by that officer to the relevant valuation tribunal as an appeal against that certification.
4
Part VI of the Appeals Regulations (general provisions relating to appeals) applies in relation to an appeal under this regulation.
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
16th December 1999


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Superannuation (Application of the Superannuation Act 1972, Section 1) (No.2) Order 1999 and shall come into force on 1st September 1999.
2
Employment by the Scottish Parliamentary Corporate Body is added to the employments listed in Schedule 1 to the Superannuation Act 1972.
Jack Cunningham
Minister for the Cabinet Office for the Minister for the Civil Service
23rd July 1999


text:
Commencement and citation
1
This Order may be cited as The A1 Trunk Road (Barnet and Haringey) Red Route (Clearway) Experimental Traffic Order 1999, and shall come into force on 19th March 1999.
Interpretation
2
In this Order–
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route clearway” means the lengths of road specified in column (2) of the table in schedule 1;
f
“vehicle” includes part of a vehicle;
g
an entry in column (3) , (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule;
h
“bus” has the meaning given by regulation 22(2) of the Traffic Signs Regulations and General Directions 1994 ;
i
“bus stop” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stop”;
j
“bus stand” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stand”;
k
“London Regional Transport” has the meaning given by the London Regional Transport Act 1984 ; and
l
“pedal cycle” has the same meaning as in regulation 4 of the Traffic Signs Regulations and General Directions 1994.
General prohibition of stopping
3
1
Subject to the provisions of paragraph (2) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop at any time in the trunk road red route clearway.
2
The controls specified in paragraph (1) of this article do not apply in respect of any area of the trunk road red route clearway specified in schedule 2.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 3C.
2
Buses: The controls specified in article 3(1) do not apply in respect of a person causing a bus to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3D during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3E during the hours specified in column (3) in that item, provided that–
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies–
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3F during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 4A and 4B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3B during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 4A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing:
a
a bus to stop at a bus stop for as long as may be required to enable passengers to board or alight; or
b
a bus to stop at a bus stop or a bus stand and being used for operational reasons in the course of providing a London bus service (as defined in section 34 of the Transport Act 1985 ) under an agreement with London Regional Transport or training drivers to allow such a service to be provided.
2
In this article “operational reasons” means:
i
to enable passengers to board and alight;
ii
to enable crew changes to take place;
iii
to maintain the scheduled timetable subject, in the case of a bus stop, to a maximum wait of two minutes.
Other exemptions
9
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to stop if that person is–
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
4
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a pedal cycle to be parked at a facility specifically provided for the purpose of pedal cycle parking by, or with the consent of, the highway authority.
Power to modify or suspend this Order
10
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Suspensions of existing Orders
11
1
Subject to paragraph (2) of this article, the Barnet (Waiting and Loading Restriction) (Priority Routes and Side Roads) Order 1994 and the Haringey (Waiting and Loading Restriction) (Special Parking Area) ( No. 1) Order 1994 are hereby suspended, in so far as its provisions relate to any part of the trunk road red route clearway.
2
The suspension specified in paragraph (1) of this article shall take effect in respect of any provision contained in the Barnet (Waiting and Loading Restriction) (Priority Routes and Side Roads) Order 1994 and the Haringey (Waiting and Loading Restriction) (Special Parking Area) (No. 1) Order 1994 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
5th March 1999


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Housing Renewal Grants (Amendment) (England) Regulations 1999 and shall come into force on 5th October 1999.
2
These Regulations extend to England only.
Amendments
2
The Housing Renewal Grants Regulations 1996 are amended in accordance with the following regulations.
Regulation 2
3
In regulation 2(1) (interpretation)–
a
for the definition of “disability working allowance”, substitute the following definition–
“disabled person’s tax credit” means a disabled person’s tax credit under section 129 of the 1992 Act or a payment in accordance with an award of disability working allowance under that section which was awarded with effect from a date falling before 5th October 1999;
;
b
after the definition of “water charges” insert–
“working families' tax credit” means a working families' tax credit under section 128 of the 1992 Act or a payment in accordance with an award of family credit under that section which was awarded with effect from a date falling before 5th October 1999;
.
Regulation 19
4
In regulation 19 (treatment of child care charges)–
a
in paragraph (4) , for the definition of “relevant child care charges”, substitute–
“relevant child care charges” means those charges for care to which paragraphs (5) and (6) apply, and shall be calculated on a weekly basis in accordance with paragraph (2).
;
b
after paragraph (4) add–
5
This paragraph applies to charges paid by the relevant person for care which is provided–
a
in the case of any child of the relevant person’s family who is not disabled, in respect of the period beginning on that child’s date of birth and ending on the day preceding the first Monday in September following that child’s fifteenth birthday;
b
in the case of any child of the relevant person’s family who is disabled, in respect of the period beginning on that child’s date of birth and ending on the day preceding the first Monday in September following that child’s sixteenth birthday.
6
This paragraph applies to charges paid for care which is provided in accordance with paragraph (7) but not paid–
a
in respect of the child’s compulsory education; or
b
by a relevant person to a partner or by a partner to a relevant person in respect of any child for whom either of them is responsible in accordance with regulation 8 (circumstances in which a person is to be treated as responsible or not responsible for another).
7
The care to which paragraph (6) refers is provided–
a
by persons registered under section 71 of the Children Act 1989 (registration of child minders and persons providing day care for young children);
b
out of school hours, by a school on school premises or by a local authority–
i
for a child who is not disabled in respect of the period beginning on his eighth birthday and ending on the day preceding the first Monday in September following his fifteenth birthday, or
ii
for a child who is disabled in respect of the period beginning on his eighth birthday and ending on the day preceding the first Monday in September following his sixteenth birthday;
c
by a child care scheme operating on Crown property where registration under section 71 of the Children Act 1989 is not required; or
d
in schools or establishments which are exempt from registration under section 71 of the Children Act 1989 by virtue of section 71(16) of, and paragraph 3 or 4 of Schedule 9 to, that Act.
8
For the purposes of paragraphs (5) to (7)–
a
a person shall be treated as a child in respect of the period commencing on his sixteenth birthday and ending on the day preceding the first Monday in September following his sixteenth birthday; and
b
a child is disabled if he is a child–
i
in respect of whom disability living allowance is payable, or has ceased to be payable solely because he is a patient;
ii
who is registered as blind in a register compiled under section 29 of the National Assistance Act 1948 (welfare services) or, in Scotland, has been certified as blind and in consequence he is registered as blind in a register maintained by or on behalf of a regional or islands council; or
iii
who ceased to be registered as blind in such a register within the 28 weeks immediately preceding the date of claim.
Regulations 25 and 27
5
In regulations 25(2) (determination of net earnings of employed earners) and 27(2) (determination of net profit of self-employed earners), in each case–
a
before “paragraphs” insert “any of”, and
b
for “14” substitute “16 or 18”.
Schedule 2
6
At the end of Schedule 2 (sums to be disregarded in the determination of earnings), add–
18
1
In a case where the relevant person is a person who satisfies the conditions set out in either sub-paragraph (2) or (3), and his net earnings equal or exceed the total of the amounts set out in sub-paragraph (4), the amount of his earnings that falls to be disregarded under paragraphs 3 to 10 of this Schedule shall be increased by an amount equal to either–
a
the tax credit referred to in regulation 46(1)(aa) of the Family Credit Regulations if he satisfies the conditions of sub-paragraph (2); or
b
the tax credit referred to in regulation 51(1)(bb) of the Disability Working Allowance Regulations if he satisfies the conditions of sub-paragraph (3),
and in a case where the relevant person satisfies the conditions of both sub-paragraphs (2) and (3), his disregarded earnings shall be increased by the higher of the two amounts, or if they are the same, by that amount.
2
The conditions of this sub-paragraph are that–
a
the relevant person or, if he is a member of a couple, the relevant person or his partner, is a person to whom regulation 46(1)(aa) of the Family Credit Regulations applies; or
b
–
i
the relevant person is or, if he is a member of a couple, one member of that couple is or both members are, engaged in remunerative work for on average not less than 30 hours per week; and
ii
the relevant person’s applicable amount includes a family premium under paragraph 3 of Schedule 1 to these Regulations.
3
The conditions of this sub-paragraph are that–
a
the relevant person or, if he is a member of a couple, the relevant person or his partner, is a person to whom regulation 51(1)(bb) of the Disability Working Allowance Regulations applies; or
b
–
i
the relevant person is or, if he is a member of a couple, one member of that couple is or both members are, engaged in remunerative work for on average not less than 30 hours per week; and
ii
the relevant person’s applicable amount includes a higher pensioner premium or a disability premium under paragraph 10 or 11 of Schedule 1 to these Regulations respectively; and
iii
where he is a member of a couple, at least one member of that couple satisfies the qualifying conditions for the higher pensioner premium or the disability premium referred to in sub-paragraph (ii) above and is engaged in remunerative work for on average not less than 16 hours per week.
4
The following are the amounts referred to in sub-paragraph (1)–
a
the amount calculated as disregardable from the relevant person’s earnings under paragraphs 3 to 10 of this Schedule;
b
the amount of child care charges calculated as deductible under regulation 18(1); and
c
–
i
in the case of a relevant person who satisfies the conditions of sub-paragraph (2), the amount of the tax credit referred to in regulation 46(1)(aa) of the Family Credit Regulations; or
ii
in the case of a relevant person who satisfies the conditions of sub-paragraph (3), the amount of the tax credit referred to in regulation 51(1)(bb) of the Disability Working Allowance Regulations;
and in a case where the relevant person satisfies the conditions of both sub-paragraphs (2) and (3) the higher of the two amounts or, if they are the same, that amount.
5
In this paragraph–
“the Family Credit Regulations” means the Family Credit (General) Regulations 1987 ; and
“the Disability Working Allowance Regulations” means the Disability Working Allowance (General) Regulations 1991 .
.
Schedule 3
7
In Schedule 3 (sums to be disregarded in the determination of income other than earnings)–
a
in paragraph 54–
i
at the beginning of that paragraph, insert–
Except in a case which falls under paragraph 18 of Schedule 2 to these Regulations,
and
ii
for “amount of disability working allowance”, substitute “amount of disabled person’s tax credit”;
b
in paragraph 55–
i
at the beginning of that paragraph, insert–
Except in a case which falls under paragraph 18 of Schedule 2 to these Regulations,
and
ii
for “amount of family credit”, substitute “amount of working families' tax credit”.
Application
8
The amendments made by these Regulations shall not have effect in relation to applications for grant made before the date on which these Regulations come into force.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Nick Raynsford
Minister of State,
Department of the Environment, Transport and the Regions
8th September 1999
We consent to the making of these Regulations
Bob Ainsworth
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
14th September 1999


text:
Citation, commencement and extent
1
These Regulations, which extend to Great Britain, may be cited as the Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) (Amendment) Regulations 1999 and shall come into force on 3rd February 1999.
Amendment of Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) Regulations 1996
2
The Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) Regulations 1996 shall be amended by the addition of the following paragraphs at the end of regulation 2(2)(a) —
iv
Council Directive 96/35/ EC on the appointment and vocational qualification of safety advisers for the transport of dangerous goods by road, rail and inland waterway,
v
Commission Directive 96/86/EC adapting to technical progress Council Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road,
vi
Commission Directive 96/87/EC adapting to technical progress Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail,
vii
Commission Directive of 5 October 1998 adapting to technical progress Council Directive 94/55/EC and Commission Directive 96/86/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road, and
viii
Commission Directive of 5 October 1998 adapting to technical progress Council Directive 96/49/EC and Commission Directive 96/87/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail; and.
Signed by authority of the Secretary of State.
Larry Whitty
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
12th January 1999


text:
PART I
PRELIMINARY
Citation and commencement
1
This Order may be cited as the Pur Fleet (King’s Lynn) Order 1999 and shall come into force on 27th August 1999.
Interpretation
2
In this Order, unless the context otherwise requires —
“ the Agency ” means the Environment Agency;
“the Applications Rules ” means the Transport and Works (Applications and Objections Procedure) Rules 1992;
“authorised” means authorised by this Order;
“the barrage” means the barrage forming Work No. 1 in the Schedule to this Order;
“ the borough ” means the borough of King’s Lynn and West Norfolk;
“the Council” means the Council of the borough;
“the harbour authority” means the King’s Lynn Conservancy Board;
“the creek” means the creek known as Pur Fleet, on the east side of the river in the borough;
“the deposited plan” means the plan described in rule 7(1)(a) of the Applications Rules prepared in connection with the application for this Order and certified by the Secretary of State as “the deposited plan” for the purposes of is Order;
“the existing dam” means the dam across the creek authorised to be constructed under the Anglian Water Authority (King’s Lynn Tidal Defences) Act 1984 ;
“the limits of deviation” means the limits of deviation for the works shown on the deposited plan;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” all be construed accordingly;
“the river” means the river Great Ouse;
“the scheduled works” means the works specified in the Schedule to this Order;
“the sections” means the sections described in rule 7(2) of the Applications Rules prepared in connection with the application for this Order and certified by the Secretary of State as “the sections” for the purposes of this Order;
“tidal work” means so much of any work authorised by this Order as is on, under or over tidal waters or tidal lands below the level of mean high water springs;
“ Trinity House ” means the Corporation of Trinity House of Deptford Strond;
“the works” means the scheduled works and any other authorised works.
PART II
WORKS PROVISIONS
Principal Powers
Power to construct and maintain works
3
1
The Council may construct and maintain the scheduled works.
2
Subject to article 4 below, the scheduled works shall be constructed in the lines or situations shown on the deposited plan and in accordance with the levels shown on the sections.
3
Subject to paragraph (5) below, the Council may carry out and maintain such of the works specified in sub-paragraphs (a) to (d) below as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the scheduled works, namely —
a
works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses,
b
landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the scheduled works,
c
works for the benefit or protection of premises affected by the scheduled works, and
d
works for the removal, alteration, diversion or stopping-up of any apparatus, including cables, mains, drains, sewers or watercourses, the Council providing a proper substitute before interrupting the flow in any such drain, sewer or watercourse and obtaining the consent (which shall not be unreasonably withheld) of the owner of any such apparatus before carrying out any such work (unless, if after reasonable enquiry the identity of the owner cannot be ascertained).
4
Subject to paragraph (5) below, the Council may carry out such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the scheduled works.
5
Paragraphs (3) and (4) above shall not authorise the carrying out or maintenance of works to alter the course of, or otherwise interfere with, navigable rivers or watercourses.
Power to deviate
4
In constructing or maintaining any of the scheduled works, the Council may —
a
deviate laterally from the lines or situations shown on the deposited plan within the limits of deviation for that work shown on that plan, and
b
deviate vertically from the levels shown on the sections to any extent not exceeding 1 metre upwards and to any extent downwards.
Exclusion of section 25 of Water Resources Act 1991
5
Section 25 of the Water Resources Act 1991 shall not apply to the barrage.
Creek not to be a reservoir
6
Notwithstanding the provisions of subsection (2) of section 1 of the Reservoirs Act 1975 , so much of the creek as is impounded by the barrage shall not, by virtue of the retention of water by means of the barrage, be taken to be a reservoir for the purposes of that Act or for the purposes of Schedule 2 of that Act.
Supplemental
Diversion of flow of water in certain watercourses
7
The Council may be means of the works divert, abstract, intercept, or otherwise interfere with the waters or the flow of water in the creek or the river.
Power to Council to interfere with existing dam
8
1
Subject to the provisions of this Order, the Council may for the purposes of regulating the level of water which may be impounded as a consequence of the construction of the barrage, fill in, alter or remove any sills, tide flaps, sluices or other similar devices whatsoever forming part of the existing dam.
2
The Council shall pay compensation to all persons for any damage sustained by them or liability to which they may become subject by reason of the exercise by the Council of the powers of this article and any question as to the amount of the compensation to be so paid shall be determined by the Lands Tribunal.
Power to take, pump and discharge water
9
1
Except as provided in paragraphs (2) and (3) below, notwithstanding anything contained in any other enactment the Council may, for the purposes of or in connection with the exercise of their functions under this Order, take, impound and use water from the creek or pump any water from the creek into any sewer, drain or watercourse and for any of those purposes may, within the limits of deviation, lay down, take up and alter conduits, pipes and other works and conveniences and make any convenient connections with the creek or, as the case may be, with the sewer, drain or watercourse.
2
The Council shall not, under the powers of this article —
a
discharge any water into any sewer or drain except with the consent (which shall not be unreasonably withheld) of the sewerage undertaker or (in the case of a private sewer or drain) the owner and subject to such terms and conditions as the sewerage undertaker or the owner, as the case may be, may reasonably impose, and
b
make any opening into any such sewer or drain save in accordance with plans approved by and under the superintendence, if given, of, the sewerage undertaker or the owner, as the case may be, but such approval shall not be unreasonably withheld.
3
Subject to article 5 above, nothing in this article shall relieve the Council from the requirements of the Water Resources Act 1991.
4
Section 85 of the Water Resources Act 1991 shall apply to a discharge under the powers of this article into any controlled waters within the meaning given by section 104 of that Act as if this article were excluded from the reference to any local statutory provision mentioned in section 88(1)(f) of that Act.
5
In paragraph (2) above “owner” includes any person with a right to use the private sewer or drain in question.
Agreements with owners of land and others for execution of works
10
1
The Council may enter into agreements with the Agency or the owners of, or other persons interested in, any land in or through which the works are or may be constructed or the drainage of which may be affected by the construction of the works for or with respect to the doing of anything which may be rendered necessary or convenient by reason or in consequence of the exercise of the powers of this Order.
2
Any such agreement may provide for —
a
the payment by the Council of, or the making of contributions by them towards, the cost incurred by the Agency or any such owners or other persons in or in connection with the doing of any such thing, or
b
the payment by the Council of compensation for any injury suffered or loss incurred by the Agency or any such owners or other persons by reason or in consequence of the execution by the Council of the works.
Operation of sluices
11
Notwithstanding anything in any enactment or in any rule of law, the Council may operate the sluices, culverts or moveable sections or gates comprised in the barrage to control the level of water impounded in the creek, in such manner and for such periods as they think necessary or desirable.
Misuse of sluices, etc.
12
1
Any person who, without lawful authority, closes or opens the sluices, culverts or moveable sections or gates comprised in the barrage or in any other way interferes with those sluices, culverts, sections or gates or the operation thereof, shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
A person shall not be guilty of any offence under paragraph (1) above as respects any act done in an emergency in order to avoid danger to any person or property.
Tidal Works
Tidal works not to be executed without approval of the Secretary of State
13
1
A tidal work shall not be constructed, altered, replaced, relaid or reconstructed except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun.
2
If a tidal work is constructed, altered, replaced, relaid or reconstructed in contravention of this article or of any condition or restriction imposed under this article —
a
the Secretary of State may by notice in writing require the Council at their own expense to remove the tidal work or any part thereof and restore the site thereof to its former condition; and if on the expiration of a period of 30 days beginning with the date on which the notice is served upon the Council they shall have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice, or
b
if it appears to the Secretary of State urgently necessary so to do, he may remove the tidal work or part of it and restore the site to its former condition,
and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Council.
Lights on tidal works during construction
14
1
The Council shall at or near a tidal work during the whole time of the construction, alteration, replacement, relaying or re-construction thereof, exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as the Secretary of State shall from time to time direct.
2
If the Council fail to comply with any requirement of a direction given under this article, they shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Provision against danger to navigation
15
1
In case of injury to or destruction or decay of a tidal work or any part thereof, the Council shall as soon as is reasonably practicable notify Trinity House and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House shall from time to time direct.
2
If the Council fail to notify Trinity House as required by this article, or to comply in any respect with a direction given under this article they shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Abatement of works abandoned or decayed
16
1
Where a tidal work is abandoned or suffered to fall into decay the Secretary of State may by notice in writing require the Council at their own expense either to repair and restore the work or any part thereof, or to remove the work and restore the site to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.
2
Where a work consisting partly of a tidal work and partly of works vested in the Council on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere, or to cause reasonable apprehension that it may interfere, with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work, or any portion thereof, in any notice given under this article.
3
If, on the expiration of 30 days from the date when a notice under this article is served upon the Council, they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice and any expenditure incurred by him in so doing shall be a debt due from the Council to the Crown and shall be recoverable from the Council.
Survey of tidal works
17
The Secretary of State may at any time, if he deems it expedient, order a survey and examination of a tidal work and any expenditure incurred by the Secretary of State in such a survey and examination shall be a debt due from the Council to the Crown and shall be recoverable from the Council.
Permanent lights on tidal works
18
1
The Council shall at the outer extremity of every tidal work exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as Trinity House shall from time to time direct.
2
If the Council fail without reasonable excuse to comply in any respect with a direction given under this article they shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
PART III
MISCELLANEOUS AND GENERAL
Byelaws
19
1
The Council may make byelaws in connection with this Order for all or any of the following purposes: —
a
for regulating or preventing fishing in the creek, whether generally or by such means, and for such types of fish, as may be specified in the byelaws,
b
for preventing swimming in the creek,
c
for regulating or preventing the placing of vessels or any other object in the creek,
d
for prohibiting or regulating the discharge into the creek of any material or substance.
2
In paragraph (1)(a) above “fish” includes any marine creature, or any other creature which lives in the waters of the creek, and “fishing” shall be construed accordingly.
3
Byelaws made under this article may provide for the imposition on any person offending against any byelaws of a fine on summary conviction not exceeding level 3 on the standard scale.
4
In its application to byelaws relating to the creek made by the Council under any enactment, section 236 of the Local Government Act 1972 shall have effect as if in subsection (7) after the word “confirm” where it first occurs the words “with or without modification” were inserted.
5
Where the Secretary of State proposes to make to any byelaws submitted to him for confirmation a modification which appears to him to be substantial he shall inform the Council and require them to take any steps he considers necessary for informing persons likely to be concerned with the modification and shall not confirm the byelaws until such period has elapsed as he thinks reasonable for consideration of, and comment upon, the proposed modification by the Council and by other persons who have been informed of it.
6
The Secretary of State may charge the Council a reasonable fee for the purpose of defraying any administrative expenses incurred by him in respect of byelaws made under this article which are submitted to him for confirmation.
Alteration of limits of harbour
20
1
The limits of the Port and Harbour of King’s Lynn, defined in sections 45 and 46 of the King’s Lynn Conservancy Act 1897 shall cease to include any part of the creek that lies between the western edge of the barrage and the western edge of the existing dam.
2
Nothing in this section shall derogate from any rights of the harbour authority as a landowner.
Certification of plans, etc.
21
The council shall, as soon as practicable after the making of this Order, submit copies of the book of reference, the deposited plan and the sections to the Secretary of State for certification that they are true copies of, respectively, the book of reference, sections and plan referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.
Obstructing execution of Order
22
A person who obstructs any person acting in the execution of this Order or without reasonable excuse pulls up any peg or stake driven into the ground for the purposes of setting out the line, level or site of any of the works or otherwise interferes with equipment or materials used in the construction of the works, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Defence of due diligence
23
1
In proceedings for an offence under articles 12, 14, 15 or 18 above it shall be a defence for the Council to prove that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
2
If in any case the defence provided under paragraph (1) involves the allegation that the commission of the offence was due to the act or default of another person, the Council shall not, without leave of the court, be entitled to rely on that defence unless, not less than 7 days before the hearing, they have served on the prosecutor a notice in writing giving such information as was then in their possession, identifying or assisting in the identification of, that other person.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions.
A S D Whybrow
Head of Charging and Local Transport Division,
Department of the Environment, Transport and the Regions
6th August 1999.