text:
Citation and commencement
1
These Rules may be cited as the Secure Training Centre Rules 1998 and shall come into force on 16th April 1998.
Interpretation
2
In these Rules unless the contrary intention appears the expression:
“centre” means a secure training centre;
“compulsory school age” has the meaning assigned to it in section 580 of the Education Act 1996 ;
“governor” includes an officer for the time being in charge of a centre;
“independent person” means a person appointed under rule 44 to visit centres and to whom representations may be made by trainees;
“legal adviser” means, in relation to a trainee, his counsel or solicitor, and includes a clerk acting on behalf of his solicitor;
“officer” means an officer of a centre; and
“trainee” means a person detained in a centre.
Statement of purpose
3
1
The aims of a centre shall be —
a
to accommodate trainees in a safe environment within secure conditions; and
b
to help trainees prepare for their return to the outside community.
2
The aim mentioned in paragraph (1)(b) above shall be achieved, in particular, by —
a
providing a positive regime offering high standards of education and training;
b
establishing a programme designed to tackle the offending behaviour of each trainee and to assist in his development;
c
fostering links between the trainee and the outside community; and
d
co-operating with the services responsible for the trainee’s supervision after release.
3
A statement of the aims mentioned in paragraph (1) above and how they are to be achieved shall be prepared and displayed in each centre and shall be made available on request —
a
to trainees;
b
to any person visiting the centre; and
c
to any person inspecting the centre.
Classification
4
Trainees may be classified, in accordance with any direction of the Secretary of State, taking into account their ages, characters and circumstances.
Temporary release
5
1
A trainee may be temporarily released for any period or periods and subject to any conditions.
2
A trainee released under this rule may be recalled at any time whether any conditions of his release have been broken or not.
Privileges
6
1
There shall be established at every centre systems of privileges, incentives and sanctions approved by the Secretary of State and appropriate to the classes of trainees and their ages, characters and circumstances.
2
Records shall be kept in writing of any privileges or incentives earned and sanctions awarded.
Information to trainees
7
1
Every trainee shall be provided, as soon as possible after his reception into the centre and in any case within 24 hours, with information in writing about those provisions of these Rules and other matters which it is necessary that he should know, including privileges, incentives and sanctions, contact with members of his family or independent persons and the proper method of using the grievance procedure.
2
The governor, or an officer deputed by him, shall so explain the information so provided that he can understand his rights and obligations.
3
A copy of these Rules shall be made available to any trainee, or to any parent of a trainee, who requests it.
Grievance procedure
8
1
There shall be established and administered at each centre a comprehensive grievance procedure, approved by the Secretary of State, to which each trainee and his parent shall have access.
2
Every request by a trainee to see the governor or an independent person shall be recorded by the officer to whom it is made and promptly passed on to the governor.
3
On every day, the governor shall hear any requests to see him that are made under paragraph (2) above.
4
Where a trainee has asked to see an independent person, the governor shall ensure that that person is told of the request as soon as possible.
5
A written request or complaint under the grievance procedure established under this rule may be made in confidence.
Visits generally
9
1
There shall be established at every centre arrangements, approved by the Secretary of State, for trainees to receive visits.
2
Arrangements established under paragraph (1) above shall take account of —
a
the importance of contact by a trainee with his family, and
b
the need to keep to a minimum any disruption of his education and training.
3
Subject to the provisions of these Rules, the governor may give such directions as he thinks fit for the supervision of visits to trainees, either generally or in a particular case:
Provided that such directions shall be designed to secure that supervision is not unnecessarily intrusive.
Letters generally
10
1
The Secretary of State may, with a view to securing discipline and good order or the prevention of crime or in the interests of any persons, impose restrictions, either generally or in a particular case, upon the communications to be permitted between a trainee and other persons.
2
Except as provided by statute or these Rules, a trainee shall not be permitted to communicate with any outside person, or that person with him, without the leave of the Secretary of State.
3
Except as provided by these Rules, every letter or communication to or from a trainee may be read or examined by the governor or any officer deputed by him and the governor may, at his discretion, stop any communication on the ground that its contents are objectionable or of inordinate length.
Personal letters, telephone calls and visits
11
1
A trainee shall be entitled —
a
to send three letters a week, the cost of which shall be met by the centre; and
b
to receive a visit once a week.
2
Subject to the provisions of these Rules a trainee shall in addition to his entitlement under paragraph (1) above be entitled to send any number of letters at his own expense, to receive any number of letters, to make and receive any number of telephone calls at his own expense and to receive visits.
3
The normal duration of a visit to which a trainee is entitled by virtue of paragraph (1)(b) above shall be one hour.
Police interviews
12
A police officer may, on production of an order issued by or on behalf of a chief officer of police, interview any trainee willing to see him.
Legal advisers
13
1
The legal adviser of a trainee in any legal proceedings, civil or criminal, to which the trainee is a party shall be afforded reasonable facilities for interviewing him in connection with those proceedings and may do so out of hearing of an officer.
2
A trainee’s legal adviser may, with the leave of the Secretary of State, interview the trainee in connection with any other legal business.
Correspondence with legal advisers and courts
14
1
A trainee may correspond with his legal adviser and any court and such correspondence may only be opened, read or stopped by the governor in accordance with the provisions of this rule.
2
Correspondence to which this rule applies may be opened if the governor has reasonable cause to believe that it contains an illicit enclosure and any such enclosure shall be dealt with in accordance with the other provisions of these Rules.
3
Correspondence to which this rule applies may be opened, read and stopped if the governor has reasonable cause to believe its contents endanger security in the centre or the safety of others or are otherwise of a criminal nature.
4
A trainee shall be given the opportunity to be present when any correspondence to which this rule applies is opened and shall be informed if it or any enclosure is to be read or stopped.
5
A trainee shall on request be provided with any writing materials necessary for the purposes of paragraph (1) of this rule.
6
In this rule, “court” includes the European Commission of Human Rights, the European Court of Human Rights and the European Court of Justice; and “illicit enclosure” includes any article possession of which has not been authorised in accordance with the other provisions of these Rules and any correspondence to or from a person other than the trainee concerned, his legal adviser or a court.
Clothing
15
1
Subject to the following provisions of this rule, a trainee shall be permitted to wear his own clothes at all times.
2
The governor may refuse permission for a trainee to wear his own clothing if he considers that it is unsuitable but if he does so he shall inform the trainee of the reason for his decision.
3
Suitable clothing shall be provided by the centre which is adequate for warmth and health —
a
if a trainee is not able, or does not wish, to provide his own clothing;
b
if the governor has refused permission for a trainee to wear his own clothing under paragraph (2) above; or
c
for the purposes of participation in an activity for which the clothing provided by the trainee is unsuitable.
Food
16
1
The governor shall ensure that trainees are provided with food, in adequate quantities for their needs, which is properly prepared, wholesome and nutritious.
2
So far as practicable the governor shall ensure that meals are provided three times a day at regular intervals and that at each main meal there is a choice for each course, one of which shall be hot at one of those meals.
3
The governor shall ensure that any special dietary need of a trainee, which is due to his health, religious persuasion, racial origin or cultural background, is met.
4
The medical officer shall regularly inspect the food both before and after it is cooked, and shall report any deficiency or defect to the governor.
5
In this rule, “food” includes drink.
Alcohol and tobacco
17
1
Intoxicating liquor shall not be permitted in any part of the centre or its grounds.
2
No trainee shall be allowed to smoke or to have any tobacco or tobacco products in his possession.
3
Smoking shall not be permitted in any part of the centre or its grounds except in a designated smoking room set aside for use only by officers or other members of staff or visitors to the centre.
Accommodation
18
1
Every trainee shall be provided with his own room.
2
No room shall be used as sleeping accommodation for a trainee unless it has been approved by the Secretary of State as fit for the purpose.
3
Male and female trainees shall be accommodated in separate sleeping accommodation and shall be provided with separate toilet and bathing facilities.
Beds and bedding
19
Every trainee shall be provided with a separate bed and with separate bedding adequate for warmth and health.
Hygiene
20
1
Every trainee shall be provided with toilet articles necessary for his health and cleanliness, which shall be replaced as necessary.
2
Every trainee shall be entitled to have a hot bath or shower once a day.
3
A trainee’s hair shall not be cut without his consent except where the medical officer directs that it is necessary for health or cleanliness.
Library books
21
A library shall be provided in every centre and, subject to any directions of the Secretary of State, every trainee shall be allowed to have library books appropriate to his age and to exchange them.
Medical attendance
22
1
The medical officer of a centre shall have the care of the health, mental and physical, of the trainees in that centre.
2
Every request by a trainee to see the medical officer or other member of the healthcare staff shall be recorded by the officer to whom it is made and promptly passed on to the medical officer or, as the case may be, other member of healthcare staff.
3
The medical officer may call another medical practitioner in consultation at his discretion and shall do so if time permits before performing any serious operation.
4
Subject to directions given in any particular case by the Secretary of State, a registered medical practitioner selected by or on behalf of a trainee who is a party to any legal proceedings shall be afforded reasonable facilities for examining him in connection with the proceedings and may do so out of hearing but in the sight of an officer of the same sex as the trainee.
Self-harm and suicide assessment
23
1
Every trainee shall, as soon as possible after his reception into the centre and in any case within 24 hours, be interviewed by a social worker and by a member of the healthcare staff with a view to assessing whether and, if so, the extent to which he has suicidal intentions or a propensity to harm himself.
2
A written assessment of the trainee shall be prepared as soon as practicable after such an interview has concluded.
3
The assessment prepared under paragraph (2) above shall be reviewed at regular intervals throughout the period of the trainee’s detention in the centre and each trainee shall be monitored by a social worker or member of healthcare staff for that purpose.
Special illnesses and conditions
24
1
The medical officer shall report to the governor on the case of any trainee whose health is likely to be injuriously affected by continued detention or any conditions of detention. The governor shall send the report to the Secretary of State without delay together with his own recommendations.
2
The medical officer shall pay special attention to any trainee whose mental condition appears to require it, and make any special arrangements which appear necessary for his supervision or care.
3
The medical officer shall inform the governor immediately if he suspects any trainee of having suicidal intentions or a propensity to harm himself, and the trainee shall be placed under special observation.
Notification of illness or death
25
1
If a trainee dies or becomes seriously ill, sustains any serious injury or is removed to hospital on account of mental disorder, the governor shall at once inform the trainee’s parent or guardian, and also any person who the trainee may reasonably have asked should be informed.
2
If a trainee dies, the governor shall give notice immediately to the coroner having jurisdiction, to the Secretary of State and to the person authorised under rule 43(1) to inspect the centre.
Religious observance
26
The governor shall ensure that each trainee is enabled to receive instruction in, and observe any requirement (whether as to dress, diet or otherwise) of, the religious denomination stated in the record made in pursuance of section 10(5) of the Prison Act 1952.
Regime activities
27
1
A trainee shall be occupied in education, training, physical education and programmes designed to tackle offending behaviour provided in accordance with rule 3 of these Rules.
2
For the purpose of determining the appropriate activities under this rule for individual trainees, each trainee shall be assessed as soon as practicable after the date of his reception into the centre and, within 2 weeks of that date, a training plan shall be prepared.
3
The training plan for each trainee shall be reviewed —
a
in the case of a trainee who is ordered to be detained for a period of 6 months or less, every two months; and
b
in the case of a trainee who is ordered to be detained for a period of more than 6 months, every three months.
4
The preparation and reviewing of a trainee’s training plan shall be undertaken in consultation with —
a
the services responsible for the trainee’s supervision after release; and
b
the trainee’s parent or guardian.
5
An officer of the centre shall be nominated by the governor for the purposes of preparing, supervising and reviewing the training plan of each trainee and carrying out the consultation referred to in paragraph (4) above.
6
The medical officer or a member of the healthcare staff may excuse a trainee from any activity on medical grounds; and no trainee shall be set to participate in any activity for which he is considered by the medical officer or, as the case may be, member of healthcare staff, to be unfit.
Education and training
28
1
Arrangements shall be made at a centre for the education and training of each trainee according to his age and his personal needs as assessed and recorded in his training plan under rule 27 of these Rules.
2
Those arrangements shall be such as to ensure the participation of each trainee in education or training courses for at least 25 hours a week.
3
The activities provided under this rule shall, so far as practicable, be such as will foster personal responsibility and a trainee’s interests and skills and help him to prepare for his return to the community.
4
In the case of a trainee who is of compulsory school age, the curriculum shall be appropriate to his age, ability and aptitude and to any special educational needs he may have, and shall as far as possible reflect the requirements of the National Curriculum within the meaning of the Education Act 1996.
Outside contacts
29
1
The governor shall encourage links between the centre and the community by taking steps to establish and maintain relations with suitable persons and agencies outside the centre.
2
The governor shall ensure that special attention is paid to the maintenance of such relations between a trainee and his family as seem desirable in the best interests of the trainee.
3
Where any restriction on contact of any kind between a trainee and his family is deemed necessary by the governor, it shall be imposed in consultation with the trainee, his family and the services responsible for his supervision after release.
4
In any case where for any reason contact is not maintained between a trainee and his family, the governor shall appoint an independent person to visit and befriend the trainee.
After care
30
1
From the beginning of his period of detention, consideration shall be given, in consultation with the appropriate supervising service, to a trainee’s future and the help to be given to him in preparation for and after his return to the community.
2
Every trainee shall be given a careful explanation of his liability to supervision after release and the requirements to which he will be subject while under supervision.
3
The training plan prepared for a trainee under rule 27 of these Rules shall have regard to the need to help the trainee in preparation for and after his return to the community and, in the case of a trainee who will be of compulsory school age at the date of that return, to education in the community.
Maintenance of order and discipline
31
1
Order and discipline shall be maintained in a centre, but with no more restriction than is required in the interests of security and well-ordered community life.
2
In the control of trainees, officers shall seek to influence them through their own example and leadership, and to enlist their willing co-operation.
Custody outside a centre
32
1
A trainee being taken to or from a centre in custody shall be exposed as little as possible to public observation and proper care shall be taken to protect him from curiosity and insult.
2
A trainee required to be taken in custody anywhere outside a centre shall be kept in the custody of a custody officer or of a police officer.
Search
33
1
Every trainee shall be searched on his reception into a centre and subsequently as the governor thinks necessary.
2
A trainee shall be searched in as seemly a manner as is consistent with discovering anything concealed.
3
No trainee shall be stripped and searched —
a
without the authority of the governor;
b
in the presence of more than two officers; and
c
in the sight of another trainee or in the sight or presence of an officer not of the same sex.
4
A written record shall be kept of any search to which paragraph (3) above applies which shall specify —
a
the name of the trainee;
b
the reason for the search;
c
when the search was carried out;
d
who authorised the search and who carried it out; and
e
what, if anything, was found as a result of the search.
Record and photograph
34
1
A personal record of each trainee shall be prepared, maintained and preserved in such manner and for such period as the Secretary of State may direct, but no part of the record shall be disclosed to any person not authorised to receive it.
2
Every trainee may be photographed on reception and subsequently, but no copy of the photograph shall be given to any person not authorised to receive it.
Trainees' property
35
1
Anything, other than cash, which a trainee has at a centre and which he is not allowed to retain for his own use shall be taken into the governor’s custody and shall be listed in an inventory.
2
Any cash which a trainee has at a centre shall be paid into an account under the control of the governor and the trainee shall be credited with the amount in the books of the centre.
3
The governor may confiscate any unauthorised article found in the possession of a trainee after his reception into a centre, or concealed or deposited within a centre.
Removal from association
36
1
Where it appears to be necessary in the interests of preventing him from causing significant harm to himself or to any other person or significant damage to property that a trainee should not associate with other trainees, either generally or for particular purposes, the governor may arrange for the trainee’s removal from association accordingly.
2
A trainee shall not be removed under this rule unless all other appropriate methods of control have been applied without success.
3
A trainee who is placed in his own room during normal waking hours in accordance with arrangements made under this rule shall —
a
be observed at least once in every period of 15 minutes;
b
not be left unaccompanied during normal waking hours for a continuous period of more than 3 hours nor for periods which total in aggregate more than 3 hours in any period of 24 hours;
c
be released from the room as soon as it is no longer necessary for the purposes mentioned in paragraph (1) above that he be removed from association; and
d
be informed both orally and in writing of the reasons for such placement.
4
A record shall be kept of each occasion on which a trainee is removed from association under this rule which shall specify —
a
the name of the trainee;
b
the date and time removal commenced and finished;
c
who authorised it;
d
the reasons for it and that the trainee was informed in accordance with paragraph (3)(d) above; and
e
any observations made in accordance with paragraph (3)(a) above;
and the record kept in accordance with this paragraph shall be made available, upon request, to the person authorised under rule 43(1) of these Rules to inspect the centre.
Use of force
37
1
An officer in dealing with a trainee shall not use force unnecessarily and, when the application of force to a trainee is necessary, no more force than is necessary shall be used.
2
No officer shall act deliberately in a manner calculated to provoke a trainee.
Physical restraint
38
1
No trainee shall be physically restrained save where necessary for the purpose of preventing him from —
a
escaping from custody;
b
injuring himself or others;
c
damaging property; or
d
inciting another trainee to do anything specified in paragraph (b) or (c) above,
and then only where no alternative method of preventing the event specified in any of paragraphs (a) to (d) above is available.
2
No trainee shall be physically restrained under this rule except in accordance with methods approved by the Secretary of State and by an officer who has undergone a course of training which is so approved.
3
Particulars of every occasion on which a trainee is physically restrained under this rule shall be recorded within 12 hours of its occurrence.
Officers of secure training centres
39
1
It shall be the duty of every officer to conform to these Rules and the rules and regulations of the centre, to assist and support the governor in their maintenance and to obey his lawful instructions.
2
An officer shall inform the governor promptly of any abuse or impropriety which comes to his knowledge.
3
No officer shall receive any unauthorised fee, gratuity or other consideration in connection with his office.
4
An officer shall submit himself to be searched in a centre if the governor so directs.
5
No officer shall take part in any business or pecuniary transaction with or on behalf of a trainee without the leave of the Secretary of State.
6
No officer shall, without authority, bring in or take out, or attempt to bring in or take out, or knowingly allow to be taken in or brought out, to or for a trainee, or deposit in any place with intent that it shall come into the possession of a trainee, any article whatsoever.
7
No officer shall, without the knowledge of the governor, communicate with any person who he knows to be a former trainee or a relative or friend of a trainee or former trainee.
8
No officer shall make, directly or indirectly, any unauthorised communication to a representative of the press or any other person concerning matters which have become known to him in the course of his duty.
9
No officer shall, without authority, publish any matter or make any public pronouncement relating to the administration of any centre or to any of its trainees.
Prohibited articles
40
1
No person shall, without authority, convey into or throw into or deposit in a centre, or convey to a trainee, or deposit in any place with intent that it shall come into the possession of a trainee, any article whatsoever.
2
Anything so conveyed, thrown or deposited may be confiscated by the governor.
Control of persons and vehicles
41
1
Any person or vehicle entering or leaving a centre may be stopped, examined and searched.
2
The governor may direct the removal from a centre of any person who does not leave on being required to do so.
Viewing of secure training centres
42
1
No outside person shall be permitted to view a centre unless authorised by statute or the Secretary of State.
2
No person viewing a centre shall be permitted to take a photograph, make a sketch or communicate with a trainee unless authorised by statute or the Secretary of State.
Inspection of centres
43
1
The Secretary of State may cause any centre to be inspected by persons who are for the time being authorised to conduct inspections under section 80 of the Children Act 1989 .
2
A person conducting an inspection under this rule may be accompanied by Her Majesty’s Chief Inspector of Prisons or a person designated by him and by one or more of Her Majesty’s Inspectors of Schools in England.
3
Any person conducting an inspection under this rule or accompanying him in accordance with paragraph (2) above may for that purpose —
a
enter any part of the premises of the centre;
b
conduct an interview with any officer or trainee; and
c
examine any records relating to the centre.
4
A person who has conducted an inspection under this rule shall report in writing to the Secretary of State and the report shall be published in such manner as the Secretary of State may direct.
Appointment of independent persons
44
1
The Secretary of State may appoint independent persons to visit a centre.
2
Any trainee may make representations to a person appointed under this rule; and for that purpose the governor shall make arrangements for such a person to interview the trainee and to receive representations from him.
3
A person appointed under this rule shall be entitled to have access to any records relating to the centre except that the medical records relating to any trainee or the personal records of any officer shall not be made available to him without the consent of the trainee or, as the case may be, officer concerned.
4
A person appointed under this rule shall draw to the attention of the Secretary of State any matter which is of concern to him.
Delegation by governor
45
The governor of a centre may, with the leave of the Secretary of State, delegate any of his powers and duties under these Rules to another officer of the centre.
Contracted-out secure training centres
46
1
In their application to a centre which is a contracted-out secure training centre these Rules shall have effect with the following modifications.
2
For any reference to the governor there shall be substituted a reference to the director.
3
For any reference to an officer there shall be substituted a reference to a custody officer.
4
In rule 6(2), at the end there shall be added the words “and the monitor shall be entitled to have access to such records”.
5
In rule 8, at the end there shall be added the following paragraph:
6
Where a person is dissatisfied with the outcome of any request or complaint made by him under the grievance procedure established under this rule he may appeal to the monitor, who shall thereupon consider the request or complaint, and any such appeal may be made in confidence.
.
6
In rule 10, at the end there shall be added the following paragraph:
4
No letter or communication shall be read or examined, and no communication shall be stopped, under paragraph (3) above without the approval of the monitor.
.
7
In rule 15(2), at the end there shall be added the words “and the trainee may appeal from that refusal to the monitor”.
8
In rule 24, at the end there shall be added the following paragraph:
4
The monitor shall be informed as soon as practicable and in any event within 12 hours of any trainee having been placed under special observation under paragraph (3) above.
.
9
In rule 25 —
a
in paragraph (1) after the word “inform” there shall be inserted the words “the monitor,”; and
b
at the end there shall be added the following paragraph:
3
If a trainee in respect of whom notification is given under paragraph (1) above has suffered serious harm, or it is alleged that he has been the subject of any form of abuse, notification shall also be given to a constable and, if in the opinion of the director such harm or abuse is caused by the conduct of any custody officer or other member of the staff of the centre, the monitor.
.
10
In the rule 29(3), at the end there shall be added the words “and subject to the approval of the monitor”.
11
In rule 33, at the end there shall be added the following paragraph:
5
The monitor shall be informed within 24 hours of any search to which paragraph (3) above applies and he shall be provided with a copy of the record kept under paragraph (4) above of that search.
.
12
In rule 36, at the end there shall be added the following paragraph:
5
The monitor shall be informed within 24 hours of the commencement of any removal from association under this rule and he shall be provided with a copy of the record kept under paragraph (4) above in relation to that removal.
.
13
In rule 38(3), after the word “recorded” there shall be inserted the words “and notified to the monitor”.
14
After rule 45 there shall be inserted the following rule:
45A
1
The monitor appointed by the Secretary of State in relation to a contracted-out centre shall have the functions specified in respect of him in the foregoing provisions of these Rules as they have effect in accordance with rule 46 of these Rules.
2
The director appointed by the contractor in relation to a contracted-out centre shall have —
a
the functions specified in respect of him in the foregoing provisions of these Rules as they have effect in accordance with rule 46 of these Rules; and
b
the following additional functions, namely —
i
to promote and safeguard the welfare of the trainees detained in that centre;
ii
to co-operate with the monotor appointed in relation to that centre and to facilitate the discharge by him of his duties and functions; and
iii
to issue a notice to each trainee prior to his release from the centre which specifies the requirements with which he must comply following his release.
.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
27th February 1998


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Merchant Shipping (Oil Pollution) (Saint Helena) Order 1998 and shall come into force on 20th May 1998.
Implementation of the Liability and Fund Conventions
2
Sections 152 to 170 and 172 to 181 of, and Schedule 5 to, the Merchant Shipping Act 1995, subject to the exceptions, adaptations and modifications specified in the Schedule to this Order, shall extend to Saint Helena, and any instrument made, or to be made, under section 152(2), 157(2), 172(2) or 176(5) shall also extend to Saint Helena.
Interpretation
3
1
In this Order, unless the context otherwise requires:
a
any reference to any enactment of the United Kingdom shall be construed as a reference to that enactment as applying or extending to Saint Helena;
b
“Saint Helena” means Saint Helena and its Dependencies.
Revocations
4
The following Orders, to the extent that they apply to Saint Helena, are hereby revoked —
a
The Merchant Shipping (Oil Pollution) (Overseas Territories) Order 1975 ;
b
The Merchant Shipping (Oil Pollution) (Overseas Territories) (Amendment) Order 1981 ;
c
The Merchant Shipping (Oil Pollution) (Overseas Territories) (Amendment No. 2) Order 1981 ; and
d
The Merchant Shipping (Oil Pollution) (Overseas Territories) (Amendment) Order 1984 .
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of South Holland (Electoral Changes) Order 1998.
2
This Order shall come into force for all purposes on 6th May 1999, except that for the purpose of all proceedings preliminary or relating to an election to be held on or after that date this Order shall come into force on 10th October 1998.
3
In this Order —
“the district” means the district of South Holland;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions, marked “Map of the District of South Holland (Electoral Changes) Order 1998”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of South Holland
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty two wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes, or parishes and parish wards, or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or other similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Holbeach
3
1
The existing wards of the parish of Holbeach shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Revocation
4
The District of South Holland (Electoral Arrangements) Order 1978 is hereby revoked.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
21st September 1998


text:
PART I
INTRODUCTORY
Citation and commencement
1
These Regulations may be cited as the European Single Currency (Taxes) Regulations 1998 and shall come into force on 1st January 1999.
Interpretation
2
1
In these Regulations unless the context otherwise requires —
“commodity or financial futures” has the meaning given by subsection (2)(a) of section 143 of the 1992 Act , and references in these Regulations to commodity or financial futures include references to a commodity or financial futures contract referred to in subsection (7)(a) or (b);
“debt”, other than a debt on a security, includes a debt owed by a bank which is not in sterling and which is represented by a sum standing to the credit of a person in an account in the bank;
“derivative” means any commodity or financial futures or an option;
“ecu” shall be construed in accordance with section 95(5) of the Finance Act 1993;
“euro” means the single currency adopted or proposed to be adopted as its currency by a member State in accordance with the Treaty establishing the European Community;
“euroconversion” has the meaning given by regulation 3;
“long-term capital asset” and “long-term capital liability” have the meaning given in relation to both those expressions by section 143(4) of the Finance Act 1993;
“member State” means a member State other than the United Kingdom;
“participating member State” means a member State that adopts the euro as its currency;
“qualifying contract” shall be construed in accordance with sections 147, 147A and 148 of the Finance Act 1994 ;
“reconventioning” in relation to a relevant asset means a change, consequent on simple redenomination, in the terms of the asset as a result of which the new terms become aligned to the prevailing terms of equivalent marketable relevant assets denominated in euro;
“relevant asset” means a debt (whether or not a debt on a security), a long-term capital asset, a long-term capital liability, an option, a qualifying contract, or any commodity or financial futures;
“renominalisation” in relation to a relevant asset means a change, consequent on simple redenomination, in the minimum nominal amount in which the asset can be held or traded to a new round amount;
“security” has the meaning given by section 132(3)(b) of the 1992 Act;
“simple redenomination” means the conversion of the currency in which an asset, liability, contract or instrument is expressed from the currency of a participating member State into euro, and any rounding of the resulting amount to the nearest euro cent;
“the Taxes Act ” means the Income and Corporation Taxes Act 1988 ;
“the 1992 Act” means the Taxation of Chargeable Gains Act 1992 .
2
In these Regulations references to an option, without more, are references to an option to which section 144 or 144A of the 1992 Act applies.
Definition of euroconversion
3
1
“Euroconversion” means —
a
in relation to any currency, or an amount expressed in any currency, of a participating member State, the conversion or restating of that currency or that amount into euro and any rounding of the resulting amount within a euro;
b
in relation to any asset, liability, contract or instrument —
i
the simple redenomination of that asset, liability, contract or instrument, or
ii
in the case of a relevant asset, the simple redenomination of that asset accompanied by either or both of renominalisation and reconventioning, or
iii
the substitution (whether by way of exchange, conversion, replacement or otherwise) for the asset, liability, contract or instrument of an equivalent replacement asset, liability, contract or instrument.
2
An equivalent replacement asset, liability, contract or instrument means an asset, liability, contract or instrument whose amount, terms and conditions are identical to what it is reasonable to assume would be the amount, terms and conditions of the original asset, liability, contract or instrument were it to undergo a simple redenomination, or (in the case of a relevant asset) a simple redenomination accompanied by either or both of renominalisation and reconventioning.
3
For the purposes of paragraphs (1) and (2) a simple redenomination is accompanied (in the case of a relevant asset) by renominalisation or reconventioning if either —
a
the renominalisation or reconventioning is effected simultaneously, or
b
it is effected within a period of time following the simple redenomination which is such as to enable it reasonably to be inferred that the renominalisation or reconventioning is associated with the simple redenomination.
PART II
DEDUCTIBILITY OF COSTS OF EUROCONVERSION OF SHARES AND OTHER SECURITIES
Interpretation
4
References in this Part of these Regulations to a euroconversion in relation to shares and other securities of a company (“the original shares and other securities”) are references to a euroconversion that is effected solely by the issue of shares and other securities in replacement of the original shares and other securities.
Trading companies
5
Costs incurred in respect of a euroconversion of its shares or other securities by a company carrying on a trade shall be deductible in computing the amount of its profits chargeable to corporation tax under Case I of Schedule D as if those costs constituted money wholly and exclusively laid out or expended for the purposes of the trade within section 74(1)(a) of the Taxes Act.
Investment companies and insurance companies — deemed expenses of management
6
1
Costs which —
a
are incurred by an investment company or a company carrying on life assurance business in respect of a euroconversion of its shares or other securities, and
b
except where the costs are referable to life assurance business of a company whose profits in relation to that business are charged to tax otherwise than under Case I of Schedule D, are not deductible under regulation 5,
shall be treated as sums disbursed as expenses of management to which section 75(1) of the Taxes Act (deduction in computing total profits of an investment company for an accounting period) applies.
2
Costs incurred by a company carrying on life assurance business in respect of a euroconversion of its shares or other securities shall be deductible in computing the profits of that company chargeable to corporation tax under Case VI of Schedule D as if those costs were allowances falling to be made under Part II of the Capital Allowance Act 1990 and referred to in subsection (4) of section 434D of the Taxes Act; and accordingly those costs shall be apportioned in accordance with that subsection between the different classes of life assurance business carried on by that company.
3
Section 76 of the Taxes Act (expenses of management: insurance companies) shall have effect as if the reference in subsection (1)(d) of that section (disallowance of certain expenses as expenses of management) to expenses referable to different classes of life assurance business included a reference to costs apportioned to those classes of business under paragraph (2).
4
In this regulation —
“investment company” has the meaning given by section 130 of the Taxes Act;
“life assurance business” shall be construed in accordance with section 431(2) of the Taxes Act.
PART III
EXCHANGE GAINS AND LOSSES, INTEREST RATE AND CURRENCY CONTRACTS AND OPTIONS, DEBT CONTRACTS AND OPTIONS, AND RELEVANT DISCOUNTED SECURITIES
Deferral of unrealised gains
7
1
Where, as a result of a euroconversion of a long-term capital asset or of a long-term capital liability, that asset (“the original long-term capital asset”) or that liability (“the original long-term capital liability”) is replaced by a new long-term capital asset or a new long-term capital liability —
a
the new long-term capital asset or the new long-term capital liability shall be treated as if it were the same asset or liability as the original long-term capital asset or the original long-term capital liability, acquired when the original long-term capital asset or the original long-term capital liability was acquired; and
b
any gain which accrued as respects the original long-term capital asset or the original long-term capital liability for the accrual period in which the euroconversion of that asset or liability took place shall, without prejudice to regulation 2 of the Exchange Gains and Losses (Deferral of Gains and Losses) Regulations 1994 (settlement and replacement of debts), be deemed to be unrealised, and sections 139 to 143 (apart from section 143(7)) of the Finance Act 1993 shall have effect accordingly.
2
In paragraph (1) “accrual period” shall be construed in accordance with section 158(4) of the Finance Act 1993.
Interest rate contracts (including options) — change in rate of interest
8
Where, as a result of the adoption of the euro by a member State —
a
there is a change in the variable rate of interest resulting in a change in the variable rate payment specified in a contract (“the original contract”) in accordance with subsection (2) of section 149 of the Finance Act 1994, and
b
the change in the variable rate payment is such as to result in the rescission of the original contract and the making of a new contract,
the new contract shall be treated for the purposes of that section as if it were the same contract as the original contract, made when the original contract was made.
Currency contracts (including options) — change in rate of interest
9
Where, as a result of the adoption of the euro by a member State —
a
there is a change in the rate of interest specified in a currency contract (“the original contract”) in accordance with subsection (3) of section 150 of the Finance Act 1994, and
b
the change is such as to result in the rescission of the original contract and the making of a new contract,
the new contract shall be treated for the purposes of that section as if it were the same contract as the original contract, made when the original contract was made.
Currency contracts (including options) — conversion into euro
10
1
This regulation applies in a case where, as a result of the adoption of the euro by member States —
a
the amounts of both the currencies specified in a currency contract referred to in section 126 of the Finance Act 1993 (“section 126”), or in a currency contract referred to in section 150 of the Finance Act 1994 (“section 150”), are converted into euro, and
b
the effect is that the currency contract (“the original currency contract”) is rescinded and replaced by a new contract which, but for the adoption of the euro, would have been a currency contract.
2
This regulation also applies in a case where —
a
one of the currencies (“the former currency”) specified in a currency contract referred to in section 126 or section 150 is in a currency other than euro and the other currency is either in euro or expressed to be in the single currency,
b
as a result of the adoption of the euro by a member State, the former currency is converted into euro, and
c
the effect is that the currency contract (“the original currency contract”) is rescinded and replaced by a new contract which, but for the adoption of the euro, would have been a currency contract.
3
In each of the cases referred to in paragraphs (1) and (2) the new contract shall be treated for the purposes of section 126 or, as the case may be, section 150 as if it were a currency contract and were the same contract as the original currency contract, made when the original currency contract was made.
Debt contracts (including options) — conversion into euro
11
1
Where as a result of the adoption of the euro by a member State —
a
there is a euroconversion of the loan relationship to which, under a debt contract, a qualifying company has any entitlement, or is subject to any duty, to become a party, or
b
a qualifying company has any entitlement, or is subject to any duty, to become treated as a person with rights and liabilities corresponding to those of a party to a loan relationship and there is a euroconversion of any of those rights and liabilities, and
c
in either of the cases referred to in sub-paragraphs (a) and (b) the effect is that the original debt contract is rescinded and replaced by a new debt contract,
the new debt contract shall be treated for the purposes of section 150A of the Finance Act 1994 (debt contracts and options) as if it were the same contract as the original debt contract, made when the original debt contract was made.
2
In paragraph (1) —
“debt contract” has the meaning given by section 150A(1) and (2) of the Finance Act 1994;
“loan relationship” has the meaning given by section 81 of the Finance Act 1996, read with section 150A(10) of the Finance Act 1994;
“qualifying company” shall be construed in accordance with section 154 of the Finance Act 1994.
Exchange or conversion of relevant discounted securities
12
1
A euroconversion of relevant discounted securities that is effected solely by means of an exchange or conversion of those securities shall be treated as not constituting either —
a
a transfer of those securities within the meaning of paragraph 4 of Schedule 13 to the Finance Act 1996 (“Schedule 13”), or
b
a conversion of those securities for the purposes of paragraph 5 of Schedule 13.
2
The relevant discounted securities (“the new securities”) resulting from the exchange or conversion referred to in paragraph (1) shall be deemed for the purposes of Schedule 13 to have been acquired for the amount resulting from the formula —
A - B
where —
A is the amount equal to the acquisition cost of the relevant discounted securities replaced by the new securities, and
B is the amount of any cash payment received by a person in respect of the euroconversion, to the extent that that amount does not exceed A.
3
Where a cash payment is received by a person in respect of relevant discounted securities as a result of a euroconversion of those securities which —
a
involves a simple redenomination of those securities, accompanied by either or both of renominalisation and reconventioning as a consequence of that simple redenomination, and
b
is effected otherwise than by means of —
i
a transfer of those securities, or
ii
an exchange or conversion of those securities,
those securities shall be deemed for the purposes of Schedule 13 to have been acquired for the amount resulting from the formula —
C - D
where —
C is the amount equal to the acquisition cost of the relevant discounted securities, and
D is the amount of the cash payment received, to the extent that that amount does not exceed C.
4
Where —
a
the amount of the cash payment referred to in the description of B in paragraph (2) exceeds the amount referred to in the description of A in that paragraph, or
b
the amount of the cash payment referred to in the description of D in paragraph (3) exceeds the amount referred to in the description of C in that paragraph,
an amount equal to the excess in either case shall constitute a profit realised by a person from the discount on a relevant discounted security for the purposes of paragraph 1 of Schedule 13 (charge to tax on realised profit comprised in discount).
5
In this regulation “relevant discounted security” has the meaning given by paragraph 3 of Schedule 13.
PART IV
AGREEMENTS FOR SALE AND REPURCHASE OF SECURITIES
Interpretation
13
In this Part of these Regulations —
“capital payment” means any payment on the euroconversion of securities other than any interest, dividend or other annual payment payable in respect of the securities;
“original owner” and “interim holder” shall be construed in accordance with section 730A(1) of the Taxes Act;
“transferor” shall be construed in accordance with sections 727A(1) and 737A(1) of the Taxes Act.
Replacement of securities in a euroconversion
14
1
This regulation applies in a case where —
a
there is an agreement for the sale of securities, and
b
there is a euroconversion of the securities to which the agreement relates (“the old securities”), effected wholly or in part by the issue of new securities to replace them.
2
The new securities which replace the old securities shall be regarded for the purposes of sections 727A(1), 730A(1) and 737A(1) of the Taxes Act, and section 263A(1) of the 1992 Act, as similar securities in relation to the old securities.
3
In paragraph (2) the reference to similar securities shall be construed in accordance with section 727A(4), 730B(4) or 737B(6), as the case may be.
Payment or benefit received by interim holder on euroconversion
15
1
This regulation applies in a case where —
a
there is an arrangement for the sale and repurchase of securities to which section 263A(1) of the 1992 Act applies,
b
a capital payment, but for the arrangement, would be received by the original owner on the euroconversion of those securities,
c
the interim holder is not required under the arrangement to pay to the original owner an amount representative of that capital payment, and an amount representative of that capital payment is not required under the arrangement to be taken into account in computing the repurchase price of the securities, and
d
the amount of the capital payment would not exceed 500 euros.
2
The interim holder shall not be regarded, for the purposes of section 263A of the 1992 Act, as receiving a benefit under subsection (3)(b) of that section equal to the amount of the capital payment.
Payment deemed to be made by interim holder on euroconversion
16
1
This regulation applies in a case where —
a
there is an arrangement for the sale and repurchase of securities to which section 730A(1) of the Taxes Act, or section 263A(1) of the 1992 Act, applies, or to which section 730A(1) of the Taxes Act would apply if the sale price and the repurchase price were different,
b
there is a euroconversion of those securities prior to their being repurchased, and
c
it is reasonable to assume that an amount that is representative of a capital payment in respect of the euroconversion is taken into account in computing the repurchase price of those securities.
2
The amount referred to in paragraph (1)(c) shall be treated as if it were a separate representative payment in respect of the euroconversion made by the interim holder to the person required or entitled under the arrangement to repurchase the securities.
3
The repurchase price of the securities shall be treated, for the purposes of section 730A of the Taxes Act and the 1992 Act, as increased by an amount equal to the amount of the separate payment treated as made by paragraph (2).
Renominalisation resulting in new minimum denomination in which securities can be held or traded
17
1
This regulation applies in a case where —
a
there is an arrangement for the sale and repurchase of securities to which section 730A(1) or 737A(1) of the Taxes Act, or section 263A(1) of the 1992 Act, applies, or to which section 730A(1) of the Taxes Act would apply if the sale price and the repurchase price were different,
b
there is a euroconversion of those securities prior to their being repurchased,
c
the aggregate nominal value (expressed in euros) of the securities sold, or of securities issued to replace them in a euroconversion is, as a result of renominalisation, not a whole multiple of the new minimum denomination in which those securities can be traded at the time of repurchase under the arrangement,
d
securities the aggregate nominal value of which is equal to the largest whole multiple of the new minimum denomination which does not exceed the aggregate nominal value referred to in sub-paragraph (c) are required under the arrangement to be sold back to the original owner or the transferor or a person connected with him, and
e
the interim holder is required under the arrangement to pay to the original owner or transferor, or person connected with him, an amount which either —
i
is equal to the amount of what would, but for the arrangement, have been the proceeds of disposal of the remainder of the securities on the renominalisation received by the original owner, or
ii
is equal to the value, at the time of the repurchase of securities pursuant to the arrangement, of the remainder if the remainder could still be held at that time though not traded.
2
Where this regulation applies, the requirement for payment of the amount specified in paragraph (1)(e) is to to be regarded for the purposes of sections 727A, 730A and 737A of the Taxes Act, and section 263A of the 1992 Act, as equivalent to a requirement on the original owner, transferor or person connected with him to repurchase the remainder of the securities.
3
The value referred to in paragraph (1)(e)(ii) is the appropriate proportion (based on nominal value) of the market value of the minimum amount of the original securities that, at the time of the repurchase of the securities pursuant to the arrangement, could be traded.
4
Where the amount calculated in accordance with sub-paragraph (e) of paragraph (1) does not exceed 500 euros, and the arrangement does not require payment of a sum equal to this amount, this regulation shall have effect as if the amount calculated in accordance with that sub-paragraph were nil and the requirement specified in that sub-paragraph were satisfied.
5
Where, in a case to which paragraph (1)(a) to (d) applies —
a
no amount is paid as mentioned in paragraph (1)(e) by the interim holder to the original owner, transferor or person connected with him in respect of securities that, as a result of the renominalisation, could not be traded, but
b
it is reasonable to assume that an amount that is representative of an amount that could have been paid as mentioned in sub-paragraph (a) was taken into account in computing the repurchase price of the securities,
that amount shall be treated as if it were a separate payment made by the interim holder to the original owner, transferor or person connected with him that is representative of a capital payment on the euroconversion of the securities, and the repurchase price of the securities shall be treated as increased by an amount equal to the amount of that separate payment so treated as made.
Payment made or deemed to be made by interim holder in respect of euroconversion — chargeable gains consequences
18
1
This regulation applies in a case where —
a
there is an arrangement for the sale and repurchase of securities to which section 263A(1) of the 1992 Act applies, and
b
as a result of a euroconversion of those securities, a payment representative of a capital payment is made, or treated under regulation 16(2) or 17(5) as made (“deemed payment”), by the interim holder to the original owner or the transferor or a person connected with him.
2
The payment or deemed payment shall be treated, for the purposes of the 1992 Act —
a
where the original owner and the repurchaser are the same person, as a capital payment received by the original owner in respect of the euroconversion of the securities concerned on such date as, on a just and reasonable view, may be inferred from the terms of the arrangement to be the date when the original owner would, but for the arrangement, have received a capital payment in respect of which the payment or deemed payment is made;
b
where the original owner and the repurchaser are not the same person and so far as concerns persons other than the interim holder, as reducing the repurchase price; and
c
as deductible by the interim holder in computing any capital gain arising —
i
on a disposal of the securities received by the interim holder under the arrangement, or
ii
where there has been an exchange of those securities as a result of the euroconversion, on a disposal of the securities received by the interim holder in exchange for the original securities received by him under the arrangement.
Euroconversion — loan relationships consequences
19
1
Paragraph 15 of Schedule 9 to the Finance Act 1996 (loan relationships — repo transactions and stock-lending) shall have effect as if the definition of “repo or stock-lending arrangements” in sub-paragraph (3) of that paragraph also included provision under an agreement or series of agreements for the original owner, or a person connected with him, subsequently to be or become entitled, or required, to have transferred to him either —
a
the rights accruing on a euroconversion of the loan relationship, or
b
where the rights include a payment on the euroconversion, other than interest, of an amount which, when aggregated with all other payments on the euroconversion of loan relationships with equivalent rights which are the subject of the same repo or stock-lending arrangement, results in an aggregate amount that does not exceed 500 euros, either the whole of those rights or the whole of those rights apart from that payment.
2
In paragraph (1)(b) “equivalent rights” shall be construed in accordance with paragraph 15(4) of Schedule 9 to the Finance Act 1996.
PART V
STOCK LENDING ARRANGEMENTS
Interpretation
20
In this Part of these Regulations —
“capital payment” means any payment on the euroconversion of securities other than any interest, dividend or other annual payment payable in respect of the securities;
“stock lending arrangement”, “borrower” and “lender” have the meanings given by section 263B(1) of the 1992 Act.
Deemed capital payment
21
1
This regulation applies in a case where —
a
there is a stock lending arrangement in relation to securities,
b
a capital payment resulting from the euroconversion of those securities would, but for the arrangement, be received by the lender, and
c
the stock lending arrangement does not include a requirement for the borrower to make a payment to the lender that is representative of the capital payment referred to in sub-paragraph (b).
2
Subject to paragraph (3), the lender shall be treated, for all purposes of the Taxes Acts, as having received a capital payment in respect of the euroconversion of the securities concerned —
a
on such date as it is reasonable to assume would have been, but for the arrangement, the first date on which the lender could have received the payment mentioned in paragraph (1)(b), and
b
in an amount equal to the amount of the payment he could have received.
3
Paragraph (2) shall not apply where the amount of the capital payment that the lender could have received is less than 500 euros.
Renominalisation resulting in new minimum amount in which securities can be held or traded
22
1
This regulation applies in a case where —
a
there is a stock lending arrangement in relation to securities,
b
there is a euroconversion of those securities prior to their being transferred back to the lender under the arrangement,
c
the aggregate nominal value (expressed in euros) of the securities transferred to the borrower under the arrangement, or of the securities issued to replace them in the euroconversion, is, as a result of renominalisation, not a whole multiple of the new minimum denomination in which those securities can be traded at the time of the transfer of securities back to the lender under the arrangement,
d
securities the aggregate nominal value of which is equal to the largest whole multiple of the new minimum denomination which does not exceed the aggregate nominal value referred to in sub-paragraph (c) are transferred back to the lender pursuant to the arrangement, and
e
the borrower is required under the arrangement to pay to the lender an amount which either —
i
is equal to the amount of what would, but for the arrangement, have been the proceeds of disposal of the remainder of the securities on the renominalisation received by the lender, or
ii
is equal to the value, at the time of the transfer of securities back to the lender under the arrangement, of the remainder of the securities if the remainder could still be held at that time though not traded.
2
Where this regulation applies, the requirement for payment of the amount specified in paragraph (1)(e) is to be regarded for the purposes of section 263B of the 1992 Act as a requirement on the part of the borrower to transfer the remainder of the securities back to the lender.
3
The value referred to in paragraph (1)(e)(ii) is the appropriate proportion (based on nominal value) of the market value of the minimum amount of the original securities that, at the time of the transfer back of securities to the lender under the arrangement, could be traded.
4
Where the value, or proceeds of disposal, of the remainder of the securities referred to in sub-paragraph (e) of paragraph (1) does not exceed 500 euros, and the arrangement does not require payment of a sum equal to this amount, this regulation shall have effect as if the amount calculated in accordance with that sub-paragraph were nil and the requirement specified in that sub-paragraph were satisfied.
Payment made by borrower to lender in respect of euroconversion — chargeable gains consequences
23
1
This regulation applies in a case where —
a
there is a stock lending arrangement in relation to securities, and
b
a payment representative of a capital payment resulting from a euroconversion of those securities is made by the borrower to the lender.
2
The representative payment shall be treated, for all purposes of the Taxes Acts —
a
as a capital payment received by the lender in respect of the euroconversion of the securities concerned on such date as it is reasonable to assume would have been, but for the arrangement, the first date on which the lender could have received the capital payment, and
b
as deductible by the borrower in computing any capital gain arising —
i
on a disposal of the securities received by the borrower under the arrangement, or
ii
where the euroconversion is effected by means of an exchange of securities, on a disposal of the securities received by the borrower in exchange for the original securities received by him under the arrangement.
PART VI
REPURCHASES AND STOCK LENDING — STAMP DUTY AND STAMP DUTY RESERVE TAX
Interpretation
24
In this Part of these Regulations “capital payment” means any payment on the euroconversion of securities other than any interest, dividend or other annual payment payable in respect of the securities.
Replacement of stock in a euroconversion
25
1
This regulation applies in a case where —
a
there is an arrangement involving the transfer of stock to which subsection (1)(a) of section 80C of the Finance Act 1986 (repurchases and stock lending — exemption from stamp duty) applies, and
b
there is a euroconversion of that stock (“the old stock”), effected wholly or in part by the issue of new stock to replace the old stock.
2
The new stock shall be regarded, for the purposes of section 80C of the Finance Act 1986, as stock of the same kind and amount as the old stock.
Replacement of chargeable securities in a euroconversion
26
1
This regulation applies in a case where —
a
there is an arrangement involving the transfer of chargeable securities to which subsection (1)(a) of section 89AA of the Finance Act 1986 (repurchases and stock lending — exemption from stamp duty reserve tax) applies, and
b
there is a euroconversion of those chargeable securities (“the old chargeable securities”), effected wholly or partly by the issue of new chargeable securities to replace the old chargeable securities.
2
The new chargeable securities shall be regarded, for the purposes of section 89AA of the Finance Act 1986, as chargeable securities of the same kind and amount as the old chargeable securities.
Payment or benefit received by transferee of stock on euroconversion
27
1
This regulation applies in a case where —
a
there is an arrangement involving the transfer of stock to which subsection (1) of section 80C of the Finance Act 1986 applies,
b
a capital payment would, but for the arrangement, be received by the person referred to as B in that section or by his nominee on the euroconversion of that stock,
c
neither the person referred to as A in that section nor his nominee is required under the arrangement to pay to B or to B’s nominee an amount equivalent to the amount of that capital payment, and an amount equivalent to the amount of that capital payment is not required under the arrangement to be taken into account in computing the price of stock to be transferred to B or his nominee under the arrangement, and
d
the amount of the capital payment would not exceed 500 euros.
2
A shall not be regarded, for the purposes of section 80C of the Finance Act 1986, as a person to whom a benefit consisting of an amount equal to the capital payment referred to in paragraph (1) accrues as mentioned in subsection (4)(b) of that section.
Payment or benefit received by transferee of chargeable securities on euroconversion
28
1
This regulation applies in a case where —
a
there is an arrangement involving the transfer of chargeable securities to which subsection (1) of section 89AA of the Finance Act 1986 applies,
b
a capital payment would, but for the arrangement, be received by the person referred to as Q in that section or by his nominee on the euroconversion of those chargeable securities,
c
neither the person referred to as P in that section nor his nominee is required under the arrangement to pay to Q or to Q’s nominee an amount equivalent to the amount of that capital payment, and an amount equivalent to the amount of that capital payment is not required under the arrangement to be taken into account in computing the price of the chargeable securities to be transferred to Q or his nominee under the arrangement, and
d
the amount of the capital payment would not exceed 500 euros.
2
P shall not be regarded, for the purposes of section 89AA of the Finance Act 1986, as a person to whom a benefit consisting of an amount equal to the capital payment referred to in paragraph (1) accrues as mentioned in subsection (4)(b) of that section.
Renominalisation resulting in new minimum denomination in which stock can be held or traded
29
1
This regulation applies in a case where —
a
there is an arrangement involving the transfer of stock to which subsection (1) of section 80C of the Finance Act 1986 applies,
b
there is a euroconversion of that stock prior to the transfer of stock under the arrangement by A or his nominee to B or his nominee as mentioned in subsection (1)(b) of that section,
c
the aggregate nominal value (expressed in euros) of the stock transferred by B to A or his nominee as mentioned in subsection (1)(a) of that section, or of stock issued to replace that stock in a euroconversion is, as a result of renominalisation, not a whole multiple of the new minimum denomination in which that stock can be traded at the time of the transfer of stock referred to in sub-paragraph (b),
d
stock the aggregate nominal value of which is equal to the largest whole multiple of the new minimum denomination which does not exceed the aggregate nominal value referred to in sub-paragraph (c) is required under the arrangement to be transferred by A or his nominee to B or his nominee, and
e
A or his nominee is required under the arrangement to pay to B or his nominee an amount which either —
i
is equal to the amount of what would, but for the arrangement, have been the proceeds of disposal of the remainder of the stock on the renominalisation received by B, or
ii
is equal to the value, at the time of the transfer of stock referred to in sub-paragraph (b), of the remainder of the stock if the remainder could still be held at that time though not traded.
2
Where this regulation applies, the requirement for payment of the amount specified in paragraph (1)(e) is to be regarded, for the purposes of section 80C of the Finance Act 1986, as equivalent to a requirement for the remainder of the stock to be transferred by A or his nominee to B or his nominee.
3
The value referred to in paragraph (1)(e)(ii) is the appropriate proportion (based on nominal value) of the market value of the minimum amount of the original stock that, at the time of the transfer of stock referred to in sub-paragraph (b), could be traded.
4
Where the amount calculated in accordance with sub-paragraph (e) of paragraph (1) does not exceed 500 euros, and the arrangement does not require payment of a sum equal to this amount, this regulation shall have effect as if the amount calculated in accordance with that sub-paragraph were nil and the requirement specified in that sub-paragraph were satisfied.
Renominalisation resulting in new minimum denomination in which chargeable securities can be held or traded
30
1
This regulation applies in a case where —
a
there is an arrangement involving the transfer of chargeable securities to which subsection (1) of section 89AA of the Finance Act 1986 applies,
b
there is a euroconversion of those chargeable securities prior to the transfer of chargeable securities under the arrangement by P or his nominee to Q or his nominee as mentioned in subsection (1)(b) of that section,
c
the aggregate nominal value (expressed in euros) of the chargeable securities transferred by Q to P or his nominee as mentioned in subsection (1)(a) of that section, or of chargeable securities issued to replace those chargeable securities in a euroconversion is, as a result of renominalisation, not a whole multiple of the new minimum denomination in which those chargeable securities can be traded at the time of the transfer of chargeable securities referred to in sub-paragraph (b),
d
chargeable securities the aggregate nominal value of which is equal to the largest whole multiple of the new minimum denomination which does not exceed the aggregate nominal value referred to in sub-paragraph (c) are required under the arrangement to be transferred by P or his nominee to Q or his nominee, and
e
P or his nominee is required under the arrangement to pay to Q or his nominee an amount which either —
i
is equal to the amount of what would, but for the arrangement, have been the proceeds of disposal of the remainder of the chargeable securities on the renominalisation received by Q, or
ii
is equal to the value, at the time of the transfer of chargeable securities referred to in sub-paragraph (b), of the remainder of the chargeable securities if the remainder could still be held at that time though not traded.
2
Where this regulation applies, the requirement for payment of the amount specified in paragraph (1)(e) is to be regarded, for the purposes of section 89AA of the Finance Act 1986, as equivalent to a requirement for the remainder of the chargeable securities to be transferred by P or his nominee to Q or his nominee.
3
The value referred to in paragraph (1)(e)(ii) is the appropriate proportion (based on nominal value) of the market value of the minimum amount of the original chargeable securities that, at the time of the transfer of chargeable securities referred to in paragraph (1)(b), could be traded.
4
Where the amount calculated in accordance with sub-paragraph (e) of paragraph (1) does not exceed 500 euros, and the arrangement does not require payment of a sum equal to this amount, this regulation shall have effect as if the amount calculated in accordance with that sub-paragraph were nil and the requirement specified in that sub-paragraph were satisfied.
PART VII
ACCRUED INCOME SCHEME
Interpretation
31
In this Part of these Regulations —
“the accrued amount” has the meaning given by section 713(4) of the Taxes Act;
“the accrued income provisions” means sections 710 to 728 of the Taxes Act;
“interest period” shall be construed in accordance with section 711(3) and (4) of the Taxes Act except that, where securities are issued on an exchange of securities to which regulation 32 (exchange of securities resulting from euroconversion) applies, paragraph (a) of section 711(3) of that Act (commencement of interest period) shall have effect for the purposes of regulation 33 as if the reference in that paragraph to the day following that on which securities are issued were a reference to the day on which they are issued;
“the rebate amount” has the meaning given by section 713(5) of the Taxes Act;
“securities” has the meaning given by section 710(2) to (4) of the Taxes Act;
“transfer” in relation to a transfer of securities has the meaning given by subsection (5), read with subsection (13), of section 710 of the Taxes Act.
Disapplication of accrued income provisions in respect of an exchange or conversion of securities resulting from a euroconversion
32
An exchange or conversion of securities that arises solely as a result of actions to effect a euroconversion of those securities shall not constitute, or be treated as, a transfer of those securities for the purposes of the accrued income provisions.
Disapplication of variable interest rate provision in certain circumstances
33
1
This regulation applies in a case where, solely to provide for actions reasonably required to effect a euroconversion of a security —
a
there may be a change in the rate of interest carried by the security in relation to the interest period in which the euroconversion occurs, or
b
there may be a change in the rate of interest carried by the security in relation to subsequent periods but, throughout the subsequent periods, the new rate of interest falls within one, and one only, of the categories specified in paragraphs (a) to (c) of section 717(2) of the Taxes Act, or
c
there may be a change in the rate of interest as mentioned in sub-paragraph (a) and a change in the rate of interest as mentioned in sub-paragraph (b).
2
The provision for change in the rate of interest referred to in paragraph (1)(a) or (b) shall not cause the security concerned to be one to which section 717 of the Taxes Act applies.
Calculation of accrued amount or rebate amount in the event of a euroconversion of securities
34
1
This regulation applies in a case where —
a
there is a transfer of securities at any time in an interest period, and
b
at any time in that interest period there is a euroconversion of the securities transferred in that period.
2
The accrued amount or, as the case may be, the rebate amount arising in respect of the transferred securities on the transfer shall be such amount as is just and reasonable.
Treatment of capital sum receivable on euroconversion of securities
35
1
This regulation applies in a case where —
a
otherwise than as a result of a transfer of securities that is not an exchange or conversion of securities to which regulation 32 applies, a person becomes entitled in an interest period to a capital sum in connection with a euroconversion of securities, and
b
any part of that sum is, on a just and reasonable view —
i
attributable to a reduction in the interest payable on those securities, or
ii
by way of compensation for a deferral of the interest payable on those securities.
2
The person entitled to a capital sum in an interest period as mentioned in paragraph (1)(a) shall be regarded as entitled in that interest period to a sum on the securities, for the purposes of section 713(2)(a) or (3)(a), in an amount equal to the part of the sum referred to in paragraph (1)(b).
PART VIII
CHARGEABLE GAINS
Equation of holding of non-sterling currency with new euro holding on euroconversion
36
A euroconversion of currency (“the original currency”) shall not be treated for the purposes of the 1992 Act as involving any disposal of the original currency or any acquisition of the new euro holding or any part of it, but the original currency (taken as a single asset) and the new euro holding (taken as a single asset) shall be treated for those purposes as the same asset acquired as the original currency was acquired.
Equation of debt (other than a debt on a security) on euroconversion
37
A euroconversion of a debt other than a debt on a security (“the original debt”) shall not be treated for the purposes of the 1992 Act as involving any disposal of that debt by the creditor or any acquisition by him of a new debt or any part of it, but the original debt and the new debt shall be treated for those purposes (to the extent that they are not already so treated) as the same asset acquired as the original asset was acquired.
Derivatives over assets the subject of euroconversion
38
1
This regulation applies where —
a
a derivative represents rights or obligations in respect of any asset or liability or other amount (“the underlying asset”),
b
there is a euroconversion of the underlying asset,
c
a transaction is entered into in relation to that derivative that would, but for this regulation, result in a disposal for the purposes of the 1992 Act of the derivative (“the original derivative”) and the acquisition of a new derivative,
d
the terms of the new derivative differ from the terms of the original derivative only to the extent necessary to reflect the euroconversion of the underlying asset, and
e
no party to the transaction receives any consideration in respect of the original derivative other than the new derivative.
2
The transaction described at paragraph (1)(c) shall not be treated for the purposes of the 1992 Act as involving any disposal of the original derivative or any acquisition of the new derivative, but the original derivative and the new derivative shall be treated for those purposes as the same asset acquired as the original derivative was acquired.
Cash payments received on euroconversion of securities
39
Chapter II of Part IV of the 1992 Act shall have effect as if after section 133 of that Act (premiums on conversion of securities) there were inserted the following section —
Cash payments received on euroconversion of securities
133A
1
This section applies where, under a euroconversion of a security that does not involve a disposal of the security and accordingly is not a conversion of securities within section 132(3)(a) , a person receives, or becomes entitled to receive, any sum of money (“the cash payment”).
2
If the cash payment is small, as compared with the value of the security concerned —
a
receipt of the cash payment shall not be treated for the purposes of this Act as a disposal of part of the security, and
b
the cash payment shall be deducted from any expenditure allowable under this Act as a deduction in computing a gain or a loss on a disposal of the security by the person receiving or becoming entitled to receive the cash payment.
3
Where the allowable expenditure is less than the cash payment (or is nil) —
a
subsection (2) above shall not apply, and
b
if the recipient so elects (and there is any allowable expenditure) —
i
the amount of the cash payment shall be reduced by the amount of the allowable expenditure, and
ii
none of that expenditure shall be allowable as a deduction in computing a gain accruing on the occasion of the euroconversion or on any subsequent occasion.
4
In this section —
a
“allowable expenditure” means expenditure which immediately before the euroconversion was attributable to the security under paragraphs (a) and (b) of section 38(1);
b
“euroconversion” has the meaning given by regulation 3 of the European Single Currency (Taxes) Regulations 1998.
PART IX
CONTROLLED FOREIGN COMPANIES
Replacement of currency used in accounts of controlled foreign company by euro
40
1
This regulation applies in a case where, as a result of the adoption of the euro by a participating member State, the currency used in the accounts of a controlled foreign company for the first relevant accounting period of the company is to be replaced by the euro.
2
Section 747A(2) of the Taxes Act shall have effect as if it provided that —
a
where the currency used in the accounts of the controlled foreign company for the first relevant accounting period was the ecu, the chargeable profits for any subsequent accounting period ending on or after 1st January 1999 should be computed and expressed in the euro;
b
where the currency used in the accounts of the controlled foreign company for the first relevant accounting period was a currency other than the ecu —
i
the chargeable profits for any subsequent accounting period in which, or in any part of which, the currency continues to exist as a legal sub-unit of the euro should be computed and expressed in either the currency so used or the euro;
ii
the chargeable profits for any accounting period beginning after the end of the latest accounting period referred to in paragraph (i) should be computed and expressed in the euro.
PART X
AMENDMENTS TO THE LOCAL CURRENCY ELECTIONS REGULATIONS
Introductory
41
1
The Local Currency Elections Regulations 1994 (“the 1994 Regulations ”) shall have effect in relation to the adoption of the euro by a member State with the modifications specified in regulations 42 to 47.
2
Except where otherwise defined in these Regulations, expressions used in this Part of these Regulations have the meanings given by the 1994 Regulations, and references to a regulation in regulations 42 to 47 are references to a regulation of the 1994 Regulations.
Period for determining validity of elections
42
1
In regulation 5(2) —
a
in sub-paragraph (a) after the words “trade is carried on” there shall be inserted
, determined —
i
at the beginning of the first accounting period to which the election applies and at any time thereafter, or
ii
where the election is for a part of a trade which the company begins to carry on at a time in the first accounting period to which the election applies which is not the beginning of that accounting period, at the time the part of the trade commences and at any time thereafter
;
b
in sub-paragraph (b) there shall be added at the end “as regards the first accounting period to which the election applies and subsequent accounting periods”.
2
In regulation 6 after the words “In determining” there shall be inserted “for the purposes of regulation 5(2)(a)”.
Existing election for ecu or participating currencies
43
1
An election made by a company under regulation 3 or 4 in relation to —
a
the ecu, or
b
a currency participating in the euro,
shall have effect for the purposes of the 1994 Regulations on and after 1st January 1999 or, if later, the date on which the euro is adopted by the participating member State concerned, as if the election —
a
continued on or after that date, and
b
was made in relation to the euro as well as in relation to the ecu or, as the case may be, the participating currency concerned.
2
In paragraph (1) the reference to a currency participating in the euro (or the participating currency) is a reference to the currency of a participating member State which, as a result of the adoption of the euro by that member State, is replaced by the euro but continues to exist as a legal sub-unit of the euro.
Treatment of existing part trade elections in participating currencies
44
1
Where prior to 1st January 1999, or, if later, prior to the date on which the euro is adopted by the participating member State concerned —
a
a company makes more than one election under regulation 4 for different parts of its trade,
b
the currency specified in each election —
i
as at 1st January 1999, is a participating currency, or
ii
as at the later date on which the euro is adopted by the participating member State concerned, is either a participating currency or the euro, and
c
the elections taken together cover the whole of the company’s trade,
the elections shall be treated on and after 1st January 1999 or, as the case may be, the later date referred to above, for the purposes of the 1994 Regulations, as if they together constituted a single election for the euro as well as for the participating currency concerned under regulation 3 in respect of the whole of the company’s trade.
2
Where prior to 1st January 1999 or, if later, prior to the date on which the euro is adopted by the participating member State concerned —
a
a company makes more than one election under regulation 4 for different parts of its trade,
b
the currency specified in more than one of its elections —
i
as at 1st January 1999, is a participating currency, or
ii
as at the later date on which the euro is adopted by the participating member State concerned, is either a participating currency or the euro, and
c
the elections taken together do not cover the whole of the company’s trade,
all the elections referred to in sub-paragraph (b) shall be treated on and after 1st January 1999 or, as the case may be, the later date referred to above, for the purposes of the 1994 Regulations, as if they together constituted a single election for the euro as well as for the participating currency concerned under regulation 4 in respect of part of the company’s trade.
Election for whole trade where part trade election already exists
45
For regulation 3(2) there shall be substituted —
2
An election made by a company under this regulation for a trade for an accounting period shall be of no effect if —
a
an election (“the previous election”) has previously been made by the company under regulation 4 in a different currency for that accounting period and any part of that trade, and
b
the previous election remains in force as respects that trade and that accounting period.
3
Where —
a
an election (“the new election”) is made by a company under this regulation for a trade for an accounting period, and
b
an election (“the previous election”) has previously been made by the company under regulation 4 in the same currency for that accounting period and any part of that trade,
the new election shall be taken to replace the previous election with effect from the beginning of the first accounting period to which the new election applies.
Determination of rate of exchange where part trade election replaced by whole trade election or combined part trade election
46
In regulation 8 —
a
in paragraph (1) at the beginning there shall be inserted “Subject to paragraph (5) below,”;
b
after paragraph (4) there shall be added —
5
Where, as a result of the adoption of the euro by one or more participating member States —
a
elections by a company for parts of its trade under regulation 4 are treated under regulation 44 of the European Single Currency (Taxes) Regulations 1998 as a single election by the company for the euro under regulation 3 in respect of the whole of its trade for an accounting period beginning on or after 1st January 1999 or, if later, on or after the date of adoption of the euro by the member State concerned,
b
elections by a company for parts of its trade under regulation 4 are treated under regulation 44 of those Regulations as a single election by the company for the euro under regulation 4 in respect of part of its trade for an accounting period beginning on or after 1st January 1999 or, if later, on or after the date of adoption of the euro by the member State concerned,
the company shall, unless it makes a new statement under paragraph (1) above for that accounting period not later than the date specified in paragraph (6) below, be treated in relation to that accounting period and thereafter as using for the purposes of that paragraph the London closing exchange rate.
6
The date specified is the date which is 92 days after the date of adoption of the euro by the member State concerned.
7
In paragraphs (5) and (6) above references to the euro are references to the single currency adopted by a member State other than the United Kingdom in accordance with the Treaty establishing the European Community.
Part trade elections for new part trades
47
In regulation 9 after paragraph (3) there shall be added —
4
Subject to the following provisions of these Regulations, an election for a part of a trade which a company begins to carry on at a time (“the relevant time”) in an accounting period that is not the beginning of that accounting period shall have effect as respects that part for all accounting periods beginning on or after the relevant time if the election is made before the relevant time.
Jane Kennedy
David Jamieson
Two of the Lords Commissioners of Her Majesty’s Treasury
17th December 1998


text:
Citation and interpretation
1
1
This Order may be cited as the School Standards and Framework Act 1998 (Commencement No. 4 and Transitional Provisions) Order 1998.
2
In this Order “ the Act ” means the School Standards and Framework Act 1998.
Commencement of provisions
2
1
Section 89 of the Act (so far as it is not already in force) shall come into force on 6th January 1999.
2
The provisions of the Act specified in the Schedule to this Order shall come into force on 1st February 1999.
Transitional provisions relating to section 89 of the Act
3
1
Section 89 of the Act shall not apply in relation to the determination of admission arrangements for any school year earlier than the school year 2000/2001.
2
For the purposes of this Article and Article 4, admission arrangements are to be treated as being for the particular school year in which pupils are to be admitted to the relevant school in consequence of the arrangements.
4
1
Any step taken, before the coming into force of section 89, by an admission authority for the purpose of consultation about their proposed admission arrangements for the school year 2000/2001 shall, except as specified in paragraph (2), be taken into account in determining whether that authority have complied with their duty to consult under that section.
2
Paragraph (1) does not apply to the extent that the step in question, had it been taken after the commencement of section 89, would have contravened any requirement applying under or for the purposes of that section.
Estelle Morris
Minister of State,
Department for Education and Employment
15th December 1998


text:
Citation and commencement
1
This Order may be cited as the Nurses, Midwives and Health Visitors (Miscellaneous Amendments) Order 1998 and shall come into force on 17th November 1998.
Amendment of the Nurses, Midwives and Health Visitors (Educational Policy Advisory Committee) Order 1983
2
In the Nurses, Midwives and Health Visitors (Educational Policy Advisory Committee) Order 1983 , in article 2(5)(c)(iii), for “mental handicap” substitute “learning disabilities”.
Amendment of the Nurses, Midwives and Health Visitors (Parts of the Register) Order 1983
3
In the Nurses, Midwives and Health Visitors (Parts of the Register) Order 1983 , in Schedule 1 (Parts of the Register), in each of the entries for parts 5, 6 and 14 , for “mental handicap” substitute “learning disabilities”.
Effect on registration
4
Nothing in this Order shall affect —
a
the continuing registration of a nurse who is registered in part 5, 6 or 14 of the register on the day on which this Order comes into force;
b
the restoration to any of those parts of the register of a nurse who has been removed from that part; or
c
the registration in any of those parts of the register of a person who would have been entitled to registration in that part if this Order had not been made, by virtue of being a nurse trained in the nursing of persons suffering from mental handicap or, as the case may be, a nurse qualified following a course of preparation in mental handicap nursing.
Frank Dobson
One of Her Majesty’s Principal Secretaries of State,
Department of Health
26th October 1998


text:
1
This Order may be cited as the Government of Wales Act 1998 (Commencement No. 2) Order 1998.
2
The date of 1st December 1998 is appointed for the coming into force of the following provisions of the Government of Wales Act 1998–
Sections 1 to 20 (The National Assembly for Wales) including Schedule 1.
Sections 21 to 45 (Assembly Functions) including Schedules 2, 3 and 4.
Sections 46 to 49 (Assembly Procedure–introductory, and initial provisions).
Sections 52 to 79 (Assembly Procedure) including Schedule 5.
Sections 80 to 103 (Assembly Finance).
Section 106 (Community Law).
Sections 108 to 110 (International Obligations and Decisions about Assembly Functions) including Schedule 8.
Sections 113 to 115 (Local Government, the Voluntary Sector and Business) including Schedule 11.
Sections 119 to 124 (Miscellaneous Provisions about the Assembly).
Sections 144 to 149 (Reform of Welsh Public Bodies–accountability and miscellaneous) including Schedule 17.
Alun Michael
Secretary of State for Wales
10th November 1998


text:
1
This Order may be cited as the Finance Act 1997 (Commencement No. 2) Order 1998.
2
Schedule 3 to the Finance Act 1997 (vehicles exempt from vehicle excise duty) shall come into force on 1st April 1998.
Signed by authority of the Secretary of State
Helene Hayman
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
3rd March 1998


text:
1
This Order may be cited as the A34 Trunk Road (Churchbridge) (Detrunking) Order 1998 and shall come into force on 12th February 1998.
2
In this Order —
i
“classified road”
as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads:
ii
“the new trunk road”
means the new highway which the Secretary of State proposes to construct referred to in article 2 to the A34 Trunk Road (Churchbridge) Order 1998 ;
iii
“principal road”
as a classification for a highway means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State;
iv
“the trunk road”
means the Winchester to Preston Trunk Road (A34).
3
The length of trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as an unclassified road as from the date on which the Secretary of State notifies the Staffordshire County Council that the new trunk road is open for traffic.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Derek Oddy
Divisional Director Highways Agency
22nd January 1998


text:
Citation and commencement
1
This Order may be cited as the Darlington Memorial Hospital National Health Service Trust (Dissolution) Order 1998 and shall come into force on 1st April 1998.
Dissolution of NHS trust
2
The Darlington Memorial Hospital National Health Service Trust established by the Darlington Memorial Hospital National Health Service Trust (Establishment) Order 1993 is dissolved, and accordingly that Order is revoked.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State
Department of Health
19th March 1998