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


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Mid Glamorgan Ambulance National Health Service Trust (Dissolution) Order 1998 and shall come into force on 1st April 1998.
Dissolution of NHS Trust
2
The Mid Glamorgan Ambulance National Health Service Trust established by the Mid Glamorgan Ambulance National Health Service Trust (Establishment) Order 1993 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
26th February 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Non-Domestic Rating (Rural Settlements) (England) (No. 2) Order 1998 and shall come into force on 15th December 1998.
2
In the Schedule to this Order references to grid lines are to lines on the Ordnance Survey National Grid.
Designation of rural areas
2
There are designated as rural areas for the purposes of section 42A (rural settlement lists) of the Local Government Finance Act 1988 the parishes and other areas named or described in the second column of the Schedule in the counties named in the first column.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
17th November 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Prescription Only Medicines (Human Use) Amendment Order 1998 and shall come into force on 13th February 1998, except for article 2 and article 3(e)(ii) which shall come into force on 13th August 1998.
2
In this Order, “the principal Order ” means the Prescription Only Medicines (Human Use) Order 1997 .
Amendment of article 3 of the principal Order
2
In article 3 of the principal Order (medicinal products on prescription only), in paragraph (c) the words “, other than preparations of insulin for parenteral administration” are deleted.
Amendment of Schedule 1 to the principal Order
3
In Schedule 1 to the principal Order (which specifies substances which if included in medicinal products make those products prescription only medicines and exemptions from restrictions on the sale and supply of prescription only medicines) —
a
in relation to the substance Hydrocortisone, there are inserted in the entry in column 3, after the word “Clotrimazole”, the words “or Miconazole Nitrate”;
b
in relation to the substance Mebeverine Hydrochloride, there are substituted for the entry in column 3 the following entries —
a
For the symptomatic relief of irritable bowel syndrome
b
For uses other than the symptomatic relief of irritable bowel syndrome
and for the entry in column 4 the following entries —
a
135 mg (MD)
405 mg (MDD)
b
100 mg (MD)
300 mg (MDD)
;
c
in relation to the substance Ranitidine Hydrochloride, there are added at the end of the entry in column 3 the words “or the prevention of these symptoms when associated with consuming food and drink”;
d
in relation to the substance Sodium Cromoglycate, there are inserted in entry (b) in column 3, after the words “acute seasonal allergic conjunctivitis”, the words “or perennial allergic conjunctivitis”; and
e
there is inserted in column 1, at the appropriate point in the alphabetical order of the entries in that column, each of the following substances —
i
“Estramustine Sodium Phosphate”
“Mizolastine”
“Niceritrol”
“Piroxicam Beta-cyclodextrin”
“Torasemide”; and
ii
“Insulin”.
Amendment of Schedule 3 to the principal Order
4
In Schedule 3 to the principal Order (descriptions and classes of prescription only medicines in relation to which appropriate nurse practitioners are appropriate practitioners) the following entries are inserted at the appropriate point in the alphabetical order of the entries in that Schedule —
“Co-danthramer Capsules NPF”
“Co-danthramer Capsules, Strong NPF”
“Co-danthrusate Oral Suspension NPF”.
Amendment of Schedule 5 to the principal Order
5
1
At the end of Part I of Schedule 5 to the principal Order (exemptions for certain persons from the provisions of section 58(2) of the Medicines Act 1968) there are inserted the entries set out in the Schedule to this Order.
2
In Part III of Schedule 5 to the principal Order for the three substances listed in column 2 of paragraph 1 there is substituted the following list —
Bupivacaine hydrochloride
Bupivacaine hydrochloride with adrenaline where the maximum strength of the adrenaline does not exceed 1 mg in 200 ml of bupivacaine hydrochloride
Lignocaine hydrochloride
Lignocaine hydrochloride with adrenaline where the maximum strength of the adrenaline does not exceed 1 mg in 200 ml of lignocaine hydrochloride
Prilocaine hydrochloride.
Signed by authority of the Secretary of State for Health
Jay
Minister of State,
Department of Health
16th January 1998
Ron Davies
Secretary of State for Wales
23rd January 1998
Sam Galbraith
Parliamentary Under Secretary of State, Minister of State, The Scottish Office
20th January 1998
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on
D. C. Gowdy
Permanent Secretary
19th January 1998.


text:
1
These Regulations may be cited as the Statistics of Trade (Customs and Excise) (Amendment) Regulations 1998 and shall come into force on 1st January 1999.
2
In regulation 3(1) of the Statistics of Trade (Customs and Excise) Regulations 1992 for “£225,000”, in each place where it occurs, there shall be substituted “£230,000”.
3
Regulation 4 of the Statistics of Trade (Customs and Excise) (Amendment) Regulations 1997 is hereby revoked.
Ray McAfee
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
7th December 1998


text:
Citation and commencement
1
These Regulations may be cited as the Local Government (Committees and Political Groups) (Amendment) Regulations 1998 and shall come into force on 2nd September 1998.
Amendment of Regulations
2
The Local Government (Committees and Political Groups) Regulations 1990 shall be amended in accordance with the following provisions of these Regulations.
Prescribed functions of authorities where all members of committees discharging those functions may have voting rights
3
1
In regulation 4(1) —
a
in sub-paragraph (g), delete “in the case of a metropolitan district council” and the word“and” at the end; and
b
for sub-paragraph (h) substitute —
h
in the case of the council of a county in England, any function of that council mentioned in the Schedule to these Regulations to the extent that it is discharged by a committee the members of which consist solely of members of that council and of members of the council of any district in the county or (as the case may be) a district which has ceased to be in the county pursuant to an order made under section 17 of the Local Government Act 1992 giving effect to a structural change (within the meaning of that Act); and
i
in the case of the council of a district, any function of that council mentioned in that Schedule to the extent that it is discharged by a committee the members of which consist solely of members of that council and of members of the council of the county in which the district is situated.
.
2
For the Schedule (provisions conferring prescribed functions) substitute the Schedule contained in the Schedule to these Regulations.
Exception to application of section 15 of 1989 Act
4
1
In regulation 16A (area committees and sub-committees) , number the existing words as paragraph (1) and for paragraph (1)(b) substitute —
b
all the voting members of the committee or sub-committee who are members of the council or, in either of the cases falling within paragraph (2) below, of another council have been elected for electoral divisions or wards which are wholly or partly within that part;
.
2
At the end of regulation 16A add —
2
The cases mentioned in paragraph (1)(b) above are —
a
a committee or sub-committee of a county council established in respect of a part of the county comprising the whole or part of one or more districts within the county and whose members include members of the council of the district or, as the case may be, districts; or
b
a committee or sub-committee of a district council whose members include members of the council of the county in which the district is situated.
.
3
After regulation 16A, add —
Joint area committees of county and district councils
16B
1
Section 15 of the 1989 Act shall not apply to a joint committee where —
a
the relevant authorities appointing the joint committee are the councils of a county in England and of one or more districts in the county;
b
the joint committee is established exclusively to discharge functions in respect of an area comprising the whole or part of one or more such districts;
c
at least one member elected for each electoral division or ward which is wholly or partly within that area is appointed a voting member of the joint committee by each relevant authority; and
d
not more than two of the voting members of the joint committee appointed by each relevant authority have been elected for electoral divisions or wards which are outside that area.
2
In this regulation, “joint committee” means a body described in paragraph 2(1)(h) of Schedule 1 to the 1989 Act.
.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
5th August 1998


text:
1
1
This Order may be cited as the Berkshire (Coroners) Order 1998 and shall come into force on 1st April 1998.
2
In this Order “the 1988 Act ” means the Coroners Act 1988 .
2
1
Without prejudice to the power to make orders under section 4(1) of the 1988 Act , the three coroners' districts in the County of Berkshire (as constituted by orders having effect under section 4(2) of that Act and described in paragraph (2) below) shall continue in existence, subject to the provisions of this Order, as if made under section 4(1) of that Act.
2
The three coroners' districts are —
a
the one consisting of the Borough of Reading;
b
the one consisting of the District of Newbury; and
c
the one consisting of the Boroughs of Bracknell Forest, Slough and Windsor and Maidenhead and the District of Wokingham.
3
Without prejudice to the power to make orders under section 1(1A)(b) of the 1988 Act , the Council of the Borough of Windsor and Maidenhead shall be the relevant council for the purposes of the 1988 Act for the coroner’s district referred to in paragraph (2)(c) above.
3
1
Any person who on 31st March 1998 is the coroner for any of the districts referred to in article 2(2) above by virtue of being appointed by Berkshire County Council and assigned to the district in question shall be deemed to have been appointed for that coroner’s district by the appropriate new relevant council.
2
Any agreement between a person to whom paragraph (1) applies and Berkshire County Council (as the relevant council for the purposes of the 1988 Act prior to 1st April 1998) as to his salary and pension shall have effect as if made between him and the appropriate new relevant council.
3
Any person who, on 31st March 1998, is a deputy or assistant deputy coroner for each of the districts referred to in article 2(2) above shall be deemed to have been appointed deputy or, as the case may be, assistant deputy coroner for the district in question with the approval of the chairman of the appropriate new relevant council.
4
In this article and article 4 below “the appropriate new relevant council” means, in the case of the coroner’s district referred to in —
a
article 2(2)(a) above, Reading Borough Council;
b
article 2(2)(b) above, Newbury District Council; and
c
article 2(2)(c) above, Windsor and Maidenhead Borough Council.
4
All rights and liabilities to which Berkshire County Council is entitled or subject immediately before 1st April 1998 as the relevant council for the purposes of the 1998 Act shall on that date become the rights and liabilities of the appropriate new relevant council.
Gareth Williams
Parliamentary Under-Secretary of State
Home Office
26th February 1998


text:
Citation, interpretation and commencement
1
1
This Order may be cited as the Food (Cheese) (Emergency Control) Order 1998 and shall come into force on 21st May 1998.
2
In this Order “ the Act ” means the Food Safety Act 1990.
Prohibition of commercial operations
2
The carrying out of any commercial operation is hereby prohibited in relation to cheese originating from R. A. Duckett & Co. Ltd. of Walnut Tree Farm, Wedmore, Somerset.
Enforcement
3
1
It shall be the duty of each food authority to enforce and execute this Order within its area.
2
Each food authority shall give such assistance and information to the Secretary of State as he may request for the purpose of his functions under section 13 of the Act.
Application of other provisions of the Act
4
1
For the purposes of this Order, the following provisions of the Act shall apply, and any reference in those provisions to the Act shall be construed for the purposes of this Order as a reference to this Order —
a
section 9(2) to (9), subject to the modifications specified in paragraph (2) of this article (inspection and seizure of suspected food);
b
section 33 (obstruction etc. of officers);
c
section 35(1) (punishment of offences) in so far as it relates to offences under section 33 as applied by subparagraph (b) above; and
d
section 44 (protection of officers acting in good faith).
2
In section 9 —
a
for subsection (2) there shall be substituted the following subsection —
2
The provisions of subsection (3) to (9) shall apply in any case where it appears to an authorised officer of a food authority, that any food is cheese in respect of which commercial operations are prohibited by an Order made under section 13 of this Act.
;
b
in subsections (4) and (6) there shall be added after the words “food safety requirements”wherever they appear the words “or is cheese in respect of which commercial operations are prohibited by an Order made under section 13 of this Act”;
c
in subsection (9)(c) there shall be added after the words “food safety requirements” the words “or that it is cheese in respect of which commercial operations are prohibited by an Order made under section 13 of this Act.”.
Signed by authority of the Secretary of State for Health
Tessa Jowell
Minister of State for Public Health,
Department of Health
20th May 1998


text:
Citation and Commencement
1
These Regulations may be cited as The Bolton Sixth Form College (Government) Regulations 1998 and shall come into force on 22nd June 1998.
Application
2
It is hereby prescribed that the instrument of government and articles of government of the further education corporation to be established under the name of “Bolton Sixth Form College” shall be as set out in Schedules 1 and 2 to these Regulations respectively.


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Somerset Levels and Moors) Designation (Amendment) Order 1998 and shall come into force on 22nd June 1998.
Interpretation
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (Somerset Levels and Moors) Designation Order 1997 .
Amendments to the principal Order
3
The principal Order shall be amended in accordance with the following provisions of this Order.
4
For the table set out in Part II of Schedule 10 to the principal Order there shall be substituted the following —
Item Schedule Maximum rate in £ per hectare of land per annum
1. Schedule 2 200 2. Schedule 3 230 3. Schedule 4 80 4. Schedule 5 190 5. Schedule 6 18 6. Schedule 7 430
.
Amendments to the 1992 Order
5
The Environmentally Sensititve Areas (Somerset Levels and Moors) Designation Order 1992 shall, in so far as, by virtue of article 6(1)(b) of the principal Order, it continues to apply to agreements made before the coming into force of the principal Order, be amended in article 6(2) by the substitution, for the table set out therein, of the following table:
Schedule £ per hectare of land per annum
Schedule 2 230 Schedule 3 80 Schedule 4 430 Schedule 2 to the Environmentally Sensitive Areas (Somerset Levels and Moors) Designation Order 1997. 200 Provisions equivalent to Schedule 5 to the Environmentally Sensitive Areas (Somerset Levels and Moors) Designation Order 1997. 190 Provisions equivalent to Schedule 6 to the Environmentally Sensitive Areas (Somerset Levels and Moors) Designation Order 1997. 18
.
Saving
6
Articles 4 and 5 of this Order shall not have effect for the purposes of any annual payment to a farmer which relates wholly or in part to any period before 1st April 1998.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
18th May 1998
We consent,
Graham Allen
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
19th May 1998


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Contributions) Amendment Regulations 1998 and shall come into force on 6th April 1998.
Amendment of the Social Security (Contributions) Regulations 1979
2
In regulation 7 of the Social Security (Contributions) Regulations 1979 (lower and upper earnings limits for Class 1 contributions) —
a
for “6th April 1997”, substitute “6th April 1998”; and
b
for “£62” and “£465”, substitute “£64” and “£485” respectively.
Signed by authority of the Secretary of State for Social Security.
John Y. Denham
Parliamentary Under-Secretary of State,
Department of Social Security
3rd March 1998


text:
1
This Order may be cited as the Public Telecommunication System Designation (GT UK Limited) Order 1998 and shall come into force on 27th February 1998.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Barbara Roche,
Parliamentary Under-Secretary of State for Small Firms, Trade and Industry,
Department of Trade and Industry
26th January 1998


text:
Citation and commencement
1
These Regulations may be cited as the School Standards and Framework Act 1998 (Admissions) (Modifications) Regulations 1998 and shall come into force on 1st October 1998.
Modifications of the Act
2
In relation to any time before the appointed day , section 99(5) of the Act (general restriction on selection by ability or aptitude) shall apply with the following modification, namely that in place of paragraph (d) there is substituted–
d
“maintained school” means a county, voluntary or grant-maintained school within the meaning of the Education Act 1996 .
3
1
In relation to any time before section 28 of and Schedule 6 to the Act come into force, section 101 of the Act (permitted selection: pupil banding) shall apply with the following modification, namely that in place of subsections (3) and (4) there are substituted–
3
The introduction for a maintained school of admission arrangements to which subsection (1) applies shall constitute a significant change in the character of the school for the purposes of sections 35(1), 41(2), 259(1) and 260(2) of the Education Act 1996.
4
Such arrangements are not authorised for any school by this section unless proposals to have such arrangements have been approved, or determined to be implemented or adopted, under section 37, 38, 43, 214, or 261 of the Education Act 1996, as the case may be.
2
The modification made by this regulation does not affect the operation of any transitional provision or saving made in connection with the coming into force of section 101 .
Charles Clarke
Parliamentary Under Secretary of State,
Department for Education and Employment
10th September 1998


text:
Title and commencement
1
This Order may be cited as the Bovine Spongiform Encephalopathy (No. 2) (Amendment) Order 1998 and shall come into force on 4th January 1999.
Amendment of the Bovine Spongiform Encephalopathy (No. 2) Order 1996
2
Article 4(1) of the Bovine Spongiform Encephalopathy (No. 2) Order 1996 shall be amended as follows–
a
the definition of “exposed animal” shall be revoked and the following definition substituted–
“exposed animal” means a bovine animal, other than an offspring animal, which has been exposed to the infection of the disease;
; and
b
after the definition of “ MBM product” the following definition shall be inserted–
“offspring animal” means a bovine animal born on or after 1st August 1996 in the United Kingdom to a dam which–
was affected or suspected of being affected with the disease when it gave birth to the animal; or
has subsequently become affected or suspected of being affected with the disease;
.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
7th December 1998
Sewel
Parliamentary Under Secretary of State, Scottish Office
8th December 1998
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
8th December 1998


text:
Citation and commencement
1
1
This Order may be cited as the County Borough of Bridgend (Electoral Arrangements) Order 1998.
2
This Order shall come into operation on 6th May 1999 except that for the purposes of all proceedings preliminary or relating to an election to be held on or after that day, it shall come into force immediately.
Electoral divisions
2
1
The existing electoral divisions of the County Borough of Bridgend shall be abolished and the County Borough shall be divided into 39 electoral divisions which shall bear the names set out in column (1) of the Schedule to this Order, and each such electoral division shall comprise the area specified opposite thereto in column (2) of that Schedule.
2
The number of councillors to be returned for each such electoral division shall be the number specified opposite thereto in column (3) of the Schedule to this Order.
Register of local government electors
3
The registration officer shall make such re-arrangement or adaptation of the register of local government electors as may be necessary on account of the coming into force of this Order.
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
23rd November 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Forth Valley Acute Hospitals National Health Service Trust (Establishment) Order 1998 and shall come into force on 2nd November 1998.
2
In this Order, unless the context otherwise requires–
“ the Act ” means the National Health Service (Scotland) Act 1978;
“establishment date” means 2nd November 1998;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 7A to the Act;
“the trust” means Forth Valley Acute Hospitals National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called Forth Valley Acute Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 12A(1)(b) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more Health Boards) shall be to provide and manage hospital accommodation and facilities at Falkirk and District Royal Infirmary, Falkirk and Stirling Royal Infirmary, Stirling, and at establishments associated with those hospitals, and also including the management of any teaching and research facilities associated with those establishments and the support services related thereto.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1999.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions–
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment;
c
of doing such other things as are reasonably necessary for the said purposes.
Assistance by Health Board before operational date
7
1
The Forth Valley Health Board shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (2) of this article, and provided that the liabilities have been incurred with the prior consent of the said Board.
2
The liabilities referred to in the preceding paragraph are–
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
3
The Health Board specified for the purposes of paragraph 3(1)(f) of Schedule 7A to the Act (body which is to make the scheme under section 12B of the Act for the transfer of staff) in relation to the trust shall be the Forth Valley Health Board.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 7A to the Act (maximum value of freely disposable assets) in relation to the trust shall be £500,000.
Sam Galbraith
Minister for Health, Scottish Office
St Andrew’s House,
Edinburgh
30th October 1998


text:
Citation and commencement
1
These Regulations may be cited as the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) (Amendment) Regulations 1998 and shall come into force on 1st August 1998.
Preliminary
2
The Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981 shall be further amended in accordance with the following provisions of these Regulations.
Amendment of regulation 46 (applications and fees for certificates of initial fitness)
3
1
Regulation 46 shall be amended as follows.
2
In paragraph (2), for sub-paragraph (a) there shall be substituted —
a
on the first application —
i
£155.00 in the case of a vehicle to which paragraph (3) applies;
ii
£124.00 in any other case, and
.
3
After paragraph (2) there shall be inserted the following paragraphs —
3
This paragraph applies to a vehicle —
a
in which one or more forward facing seats are fitted with a seat belt which —
i
is not a disabled person’s belt or a child restraint; and
ii
is fitted otherwise than as required by regulation 47 of the Road Vehicles (Construction and Use) Regulations 1986 , and
b
which, when so equipped, is not of a type of vehicle in respect of which the Secretary of State is satisfied that the vehicle manufacturer holds either of the approvals referred to in paragraph (4).
4
For the purpose of paragraph (3) the approvals are either —
a
an approval issued by or on behalf of the approval authority of an EEA State confirming compliance with the technical and installation requirements of Community Directives 76/115 , 81/575 , 82/318 , 90/629 or 96/38 ; or
b
an approval issued by or on behalf of the competent authority of a contracting State confirming compliance with the technical and installation requirements of ECE Regulation 14, 14.01, 14.02 or 14.03.
5
In this regulation —
“approval authority” has the same meaning as in Community Directive 70/156 ;
“contracting State” means a State which is a party to the International Agreement;
“EEA State” means a State which is a contracting party to the EEA Agreement;
“EEA Agreement” means the agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;
“ECE Regulation” and “Community Directive” have the meanings given by regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986; and
“the International Agreement” means the agreement concerning the adoption of uniform conditions of approval for motor vehicle equipment and parts and reciprocal recognition thereof concluded at Geneva on 20th March 1958 as amended to which the United Kingdom is a party .
Signed by authority of the Secretary of State
Helene Hayman
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
9th July 1998


text:
1
These Regulations may be cited as the Landfill Tax (Amendment) Regulations 1998 and shall come into force on 11th February 1998.
2
After regulation 14 of the Landfill Tax Regulations 1996 there shall be inserted the following regulations —
Interpretation of regulations 14A to 14H
14A
In this regulation and in regulations 14B to 14H below —
“claim” means a claim made (irrespective of when it was made) under paragraph 14 of Schedule 5 to the Act for repayment of an amount paid to the Commissioners by way of tax which was not tax due to them; and “claimed” and “claimant” shall be construed accordingly;
“reimbursement arrangements” means any arrangements (whether made before, on or after 30th January 1998) for the purposes of a claim which —
are made by a claimant for the purpose of securing that he is not unjustly enriched by the repayment of any amount in pursuance of the claim; and
provide for the reimbursement of persons (consumers) who have, for practical purposes, borne the whole or any part of the cost of the original payment of that amount to the Commissioners;
“relevant amount” means that part (which may be the whole) of the amount of a claim which the claimant has reimbursed or intends to reimburse to consumers.
Reimbursement arrangements — general
14B
Without prejudice to regulation 14H below, for the purposes of paragraph 14(3) of Schedule 5 to the Act (defence by the Commissioners that repayment by them of an amount claimed would unjustly enrich the claimant) reimbursement arrangements made by a claimant shall be disregarded except where they —
a
include the provisions described in regulation 14C below; and
b
are supported by the undertakings described in regulation 14G below.
Reimbursement arrangements — provisions to be included
14C
The provisions referred to in regulation 14B(a) above are that —
a
reimbursement for which the arrangements provide will be completed by no later than 90 days after the repayment to which it relates;
b
no deduction will be made from the relevant amount by way of fee or charge (howsoever expressed or effected);
c
reimbursement will be made only in cash or by cheque;
d
any part of the relevant amount that is not reimbursed by the time mentioned in paragraph (a) above will be repaid by the claimant to the Commissioners;
e
any interest paid by the Commissioners on any relevant amount repaid by them will also be treated by the claimant in the same way as the relevant amount falls to be treated under paragraphs (a) and (b) above; and
f
the records described in regulation 14E below will be kept by the claimant and produced by him to the Commissioners, or to an officer of theirs in accordance with regulation 14F below.
Repayments to the Commissioners
14D
The claimant shall, without prior demand, make any repayment to the Commissioners that he is required to make by virtue of regulation 14C(d) and (e) above within 14 days of the expiration of the period of 90 days referred to in regulation 14C(a) above.
Records
14E
The claimant shall keep records of the following matters —
a
the names and addresses of those consumers whom he has reimbursed or whom he intends to reimburse;
b
the total amount reimbursed to each such consumer;
c
the amount of interest included in each total amount reimbursed to each consumer;
d
the date that each reimbursement is made.
Production of records
14F
1
Where a claimant is given notice in accordance with paragraph (2) below, he shall, in accordance with such notice produce to the Commissioners, or to an officer of theirs, the records that he is required to keep pursuant to regulation 14E above.
2
A notice given for the purposes of paragraph (1) above shall —
a
be in writing;
b
state the place and time at which, and the date on which the records are to be produced; and
c
be signed and dated by the Commissioners, or by an officer of theirs,
and may be given before or after, or both before and after the Commissioners have paid the relevant amount to the claimant.
Undertakings
14G
1
Without prejudice to regulation 14H(b) below, the undertakings referred to in regulation 14B(b) above shall be given to the Commissioners by the claimant no later than the time at which he makes the claim for which the reimbursement arrangements have been made.
2
The undertakings shall be in writing, shall be signed and dated by the claimant, and shall be to the effect that —
a
at the date of the undertakings he is able to identify the names and addresses of those consumers whom he has reimbursed or whom he intends to reimburse;
b
he will apply the whole of the relevant amount repaid to him, without any deduction by way of fee or charge or otherwise, to the reimbursement in cash or by cheque, of such consumers by no later than 90 days after his receipt of that amount (except insofar as he has already so reimbursed them);
c
he will apply any interest paid to him on the relevant amount repaid to him wholly to the reimbursement of such consumers by no later than 90 days after his receipt of that interest;
d
he will repay to the Commissioners without demand the whole or such part of the relevant amount repaid to him or of any interest paid to him as he fails to apply in accordance with the undertakings mentioned in sub-paragraphs (b) and (c) above;
e
he will keep the records described in regulation 14E above; and
f
he will comply with any notice given to him in accordance with regulation 14F above concerning the production of such records.
Reimbursement arrangements made before 11th February 1998
14H
Reimbursement arrangements made by a claimant before 11th February 1998 shall not be disregarded for the purposes of paragraph 14(3) of Schedule 5 to the Act if, not later than 11th March 1998 —
a
he includes in those arrangements (if they are not already included) the provisions described in regulation 14C above; and
b
gives the undertakings described in regulation 14G above.
.
Martin Brown
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
20th January 1998


text:
Citation and commencement
1
This Order may be cited as the Birmingham Northern Relief Road Toll Order 1998 and shall come into force on 12th February 1998.
Interpretation
2
In this Order —
“the date of opening” shall be construed in accordance with section 17(A) of the Road Traffic Regulations Act 1984 ;
“the motorway” means the special road described in Schedule 1 of the Scheme;
“the special roads” means the motorway and connecting roads which the Secretary of State proposes to provide pursuant to the Scheme; and
“the Scheme” means the Birmingham Northern Relief Road and Connecting Roads Scheme 1998 , the proceedings for which were taken concurrently with the proceedings for this Order.
Tolls
3
The charging of tolls by a concessionaire is hereby authorised in relation to the special roads for the period of 51 years beginning with the date of opening of the part of the motorway approximately 33 kilometres in length described in paragraph 2 of Schedule 1 to the Scheme.
Exemptions
4
The following descriptions of traffic are exempt from liability to pay any toll leviable by virtue of this Order —
a
a police vehicle, identifiable as such by writing or markings on it or otherwise by its appearance, if being used for police purposes;
b
The classes of exempt vehicles specified in Section 13(2)(b) of New Roads and Street Works Act 1991 as amended by Schedule 3 of the Vehicle Excise and Registration Act 1994 are:
i
a fire engine as defined by paragraph 4(2) of Schedule 2 the Vehicle Excise and Registration Act 1994;
ii
an ambulance as defined by paragraph 6(2) of that schedule;
iii
invalid carriages as defined by paragraph 18 of that schedule;
iv
vehicles used by or kept for use by or for the purposes of a disabled person as defined by paragraph 19 of that schedule; and
v
vehicles used for the carriage of disabled persons by recognised bodies in accordance with paragraph 20 of that schedule.
c
a vehicle being used in connection with:
i
the collection of tolls; or
ii
the inspection, safety, maintenance, improvement or renewal of or other dealing with the special roads or any structure, works or apparatus in, on, under or over those roads.
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 Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) Order 1998 Partial Revocation (No.3) Order 1998 and shall come into force at 18.00 hours on 1st September 1998.
Revocation
2
The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) Order 1998 insofar as it remains in force is revoked.
S R Wildgoose
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
1st September 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines for Human Use and Medical Devices (Fees and Miscellaneous Amendments) Regulations 1998 and shall come into force on 1st April 1998.
2
In these Regulations —
“the General Fees Regulations ” means the Medicines (Products for Human Use — Fees) Regulations 1995 ;
“the Homoeopathic Products Regulations ” means the Medicines (Homoeopathic Medicinal Products for Human Use) Regulations 1994 .
Amendment of the Homoeopathic Products Regulations
2
1
In regulation 1(2) of the Homoeopathic Products Regulations (interpretation) —
a
after the definition of “the Act” there shall be inserted the following definition —
“administrative variation” means a variation of the provisions of a certificate of registration which does not require, in the opinion of the licensing authority, medical, scientific or pharmaceutical assessment;
; and
b
after the definition of “homoeopathic medicinal product” there shall be inserted the following definition —
“standard variation” means a variation of the provisions of a certificate of registration which, in the opinion of the licensing authority, requires medical, scientific or pharmaceutical assessment and which requires in respect of any homoeopathic medicinal product to which that certificate relates —
the replacement of an excipient used in the manufacture of the product with a comparable excipient;
the replacement of a reagent indirectly associated with the manufacturing process of the product or which disappears from that process with a comparable reagent;
a change to the qualitative composition of the container or other form of packaging immediately in contact with the product;
a minor change to the method of manufacture of a homoeopathic stock included in the product;
a change to the specification of any reagent or excipient used in the manufacture of the product;
a change to the finished product specification of the product;
a change to the test procedure for any raw material used in the manufacture of the product;
a change to the test procedure for the product;
a change to the test procedure for the container or other form of packaging immediately in contact with the product;
a change to comply with a supplement to the European Pharmacopoeia or any national pharmacopoeia of a member State;
a change to the shape of the container in which the product may be placed on the market;
an additional pack size in which the product may be placed on the market;
a change to the approved storage conditions for the product;
a change to the shelf life of an unopened container of the product or to the shelf life of the product after the container has been opened for the first time; or
a change to the dimensions of an approved dosage form of the product (for example, tablets) which does not entail a change to the quantitative composition or the mean mass of the product;
.
2
In regulation 11 of the Homoeopathic Products Regulations (variation of certificates) —
a
after the words “certificate of registration” there shall be inserted the words “for an administrative variation or a standard variation”; and
b
the words from “which relate to” to the end of the regulation shall be omitted.
3
For regulation 14 of the Homoeopathic Products Regulations (fees for variations of certificates) there shall be substituted the following regulation —
Fees for variations of certificates
14
1
The fee payable by an applicant in connection with an application for an administrative variation of a certificate of registration pursuant to regulation 11 of these Regulations shall be —
a
unless sub-paragraph (b) applies, a fee of £75;
b
where more than one application for an administrative variation is made at the same time by the same applicant and the applications are for identical variations —
i
in respect of the first application considered by the licensing authority, a fee of £75, and
ii
in respect of each other application so considered, a fee of £37.50.
2
The fee payable by an applicant in connection with an application for a standard variation of a certificate of registration pursuant to regulation 11 of these Regulations shall be —
a
unless sub-paragraph (b) applies, a fee of £150;
b
where more than one application for a standard variation is made at the same time by the same applicant and the applications are for identical variations —
i
in respect of the first application considered by the licensing authority, a fee of £150, and
ii
in respect of each other application so considered, where further medical, technical or scientific assessment is required, a fee of £150,
iii
in respect of each other application so considered, where no further medical, technical or scientific assessment is required, a fee of £75.
.
4
In regulation 15(1) of the Homoeopathic Products Regulations (fees payable by holders of certificates), for “£15” there shall be substituted “£10”.
5
In the Table in Schedule 2 to the Homoeopathic Products Regulations (fees for applications for the grant of certificates of registration) —
a
in column (2) (fees for applications in respect of products prepared from not more than 5 homoeopathic stocks) —
i
for “£100” there shall be substituted “£90”,
ii
for “£300” there shall be substituted “£270”, and
iii
for “£500” there shall be substituted “£450”; and
b
in column (3) (fees for other applications) —
i
for “£250” there shall be substituted “£225”,
ii
for “£450” there shall be substituted “£400”, and
iii
for “£650” there shall be substituted “£585”.
Amendment of regulation 3 of the Medical Devices (Consultation Requirements) (Fees) Regulations 1995
3
In regulation 3 of the Medical Devices (Consultation Requirements) (Fees) Regulations 1995 (fees) —
a
in paragraph (1)(a), for “£2,125” there shall be substituted “£1,910”;
b
in paragraph (1)(b), for “£5,950” there shall be substituted “£5,355”;
c
in paragraph (2)(a), for “£530” there shall be substituted “£475”;
d
in paragraph (2)(b), for “£1,485” there shall be substituted “£1,335”;
e
in paragraph (3)(a), for “£2,125” there shall be substituted “£1,910”;
f
in paragraph (3)(b), for “£5,950” there shall be substituted “£5,355”;
g
in paragraph (4)(a), for “£530” there shall be substituted “£475”;
h
in paragraph (4)(b), for “£1,485” there shall be substituted “£1,335”;
i
in paragraph (5)(a), for “£27,200” there shall be substituted “£24,500”; and
j
in paragraph (5)(b), for “£6,800” there shall be substituted “£6,120”.
Amendment of the General Fees Regulations
4
1
In the following provisions of the General Fees Regulations —
a
paragraph 6(2)(b) of Part II of Schedule 1;
b
paragraph 5(2)(c) of Schedule 2;
c
the definitions of “reduced rate fee” and “standard fee” in paragraph 1 of Part I of Schedule 3; and
d
paragraph 8(2)(a) of Part III of Schedule 3,
for “£30,000” there shall be substituted “£35,000”.
2
In paragraph 1 of Part III of Schedule 1 to the General Fees Regulations (capital fees for applications for variations to marketing authorizations, licences and certificates — marketing authorizations) —
a
in the definition of “Type II Application”, for the words “an application for a Type II complex variation” there shall be substituted the words “a Type II Complex Variation Application”;
b
for the words ““Type II complex variation” means” there shall be substituted the words ““Type II Complex Variation Application” means an application for”; and
c
for sub-paragraph (b) of what, by virtue of the preceding sub-paragraph, is the definition of “Type II Complex Variation Application” there shall be substituted the following sub-paragraph —
b
which is considered a “major variation” within the meaning given in article 3.1(b) of Commission Regulation ( EC ) No. 541/95 and which is —
i
supported by data which comprises or includes the results of clinical trials or physico-chemical, biological, microbiological or pharmacological and toxicological tests, or
ii
accompanied by evidence relating to post-marketing experience which is information of any type described in Section H of Part IV of the Annex to Council Directive 75/318/ EEC (clinical documentation); or
.
3
In paragraphs 2(c) and 3(c) of Part III of Schedule 1 to the General Fees Regulations, for the words “complex variation”, at each place where they occur, there shall be substituted the words “Complex Variation Application”.
4
In paragraph 14 of Part III of Schedule 1 to the General Fees Regulations, for the words “application for a Type II complex variation” there shall be substituted the words “Type II Complex Variation Application”.
5
In paragraph 1(1) of Part II of Schedule 3 to the General Fees Regulations (periodic fees for licences — calculation of turnover), for the words “year which ends on the 31st December preceding the beginning of that” there shall be substituted the words “period of 12 months preceding the commencement of the relevant”.
6
In the table in paragraph 1 of Part III of Schedule 3 to the General Fees Regulations (periodic fees for licences — marketing authorizations), entry 2(f) in column 1 and entry 2(f) in column 2 shall be omitted.
Changes to fees in the General Fees Regulations
5
In each provision of the General Fees Regulations specified in the entries in column (1) (the content of which is described in column (2)) of the Schedule to these Regulations, for the amount specified opposite that provision in column (3) of that Schedule there shall be substituted the amount specified opposite that provision in column (4) of that Schedule.
Revocation
6
The Medical Devices (Consultation Requirements) (Fees) Amendment Regulations 1996 are hereby revoked.
Signed by authority of the Secretary of State for Health
Jay
Minister of State
Department of Health
24th February 1998
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State Welsh Office
27th February 1998
Sam Galbraith
Parliamentary Under Secretary of State Scottish Office
4th March 1998
Jeff Rooker
Minister of State Ministry of Agriculture Fisheries and Food
3rd March 1998
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on
Mr D. C. Gowdy
Permanent Secretary
27th February 1998.
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland on
P. J. Small
Permanent Secretary
3rd March 1998.
We consent,
Graham Allen
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
5th March 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the City of Carlisle (Electoral Changes) Order 1998.
2
This Order shall come into force 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, it shall come into force on the day after the day on which it is made.
3
In this Order–
“the city” means the city of Carlisle;
“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 City of Carlisle (Electoral Changes) Order 1998”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ;
and any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of Carlisle
2
1
The existing wards of the city shall be abolished.
2
The city 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, parish wards, 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.
Elections of the council of Carlisle
3
1
Subject to the following provisions of this article, the election of councillors for wards of the city shall be by thirds.
2
Elections of all councillors for wards of the city shall be held simultaneously on the ordinary day of election of councillors in 1999 .
3
The councillors holding office for any ward in the city immediately before 10th May 1999 shall retire on that date and the newly elected councillors for any such ward shall come into office on that date.
4
The order of retirement of councillors shall be as set out in Schedule 2.
5
Where the number of councillors elected in 1999 for any ward of the city is two, the first to retire shall, subject to paragraphs (7) and (8) below, be the councillor elected by the smaller number of votes.
6
Where the number of councillors elected in 1999 for any ward of the city is three–
a
the first to retire shall, subject to paragraphs (7) and (8) below, be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
7
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any such year, the person to retire in that year shall be determined by lot.
8
If an election of councillors for any ward is not contested, the person to retire in each such year shall be determined by lot.
9
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
10
Except as otherwise provided in the foregoing paragraphs of this article, the term of office of councillors shall be four years and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly elected councillors shall come into office on the day on which their predecessors retire.
Wards of the parish of Stanwix Rural
4
1
The existing wards of the parish of Stanwix Rural shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names–
Crosby-on-Eden & Linstock; Houghton; and Vallum
and the parish wards shall comprise the areas designated on sheet 3 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each parish ward shall be four in the case of Crosby-on-Eden & Linstock, eight in the case of Houghton and three in the case of Vallum.
Parish council elections
5
1
The elections of parish councillors for the parishes of Brampton, Castle Carrock, Cumwhitton, Hayton and Wetheral shall be held simultaneously on the ordinary day of election of councillors in 2000 and every fourth year after 2000.
2
The elections of parish councillors for the parishes of Dalston and St Cuthbert Without shall be held simultaneously on the ordinary day of election of councillors in 2002 and every fourth year after 2002.
3
Except as otherwise provided in the foregoing paragraphs of this article, the term of office of parish councillors shall be four years and all parish councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly elected parish councillors shall come into office on the day on which their predecessors retire.
Revocation
6
The City of Carlisle (Electoral Arrangements) Order 1979 is hereby revoked.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
16th October 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Newcastle upon Tyne Hospitals National Health Service Trust (Establishment) Order 1998 and shall come into force on 1st April 1998.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Newcastle upon Tyne Hospitals National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Newcastle upon Tyne Hospitals National Health Service Trust.
Nature and functions of the trust
3
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more Health Authorities) shall be —
a
to own and manage pursuant to section 5(1)(a) of the Act hospitals, establishments or facilities in the area of Newcastle and North Tyneside Health Authority, and there to provide hospital accommodation and services (including teaching and research facilities); and
b
to provide and manage pursuant to section 5(1)(b) of the Act the Royal Victoria Infirmary, Queen Victoria Road, Newcastle upon Tyne NE1 4LP, the Freeman Hospital, Freeman Road, High Heaton, Newcastle upon Tyne NE7 7DN and hospitals, establishments and facilities in the area of Newcastle and North Tyneside Health Authority, and there to provide hospital accommodation and services (including the management of teaching and research facilities).
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Significant teaching commitment
5
1
The trust is to be regarded as having a significant teaching commitment by virtue of paragraph 3(2)(a) of Schedule 2 to the Act.
2
One of the non-executive directors of the trust shall be appointed from the University of Newcastle upon Tyne.
Operational date and accounting date of the trust
6
1
The operational date of the trust shall be 1st April 1998.
2
The accounting date of the trust shall be 31st March.
Restriction on disposal of assets
7
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State
Department of Health
18th March 1998


text:
Citation and commencement
1
These Regulations may be cited as the Fisheries and Aquaculture Structures (Grants) Amendment Regulations 1998 and shall come into force on 26th June 1998.
Amendment
2
The Fisheries and Aquaculture Structures (Grants) Regulations 1995 (“the principal Regulations”) shall be amended in accordance with regulation 3 below.
3
In regulation 2(1) of the principal Regulations–
a
for the definition of “the Council Regulation” there shall be substituted the following definition–
“the Council Regulation” means Council Regulation ( EC ) No.3699/93 laying down the criteria and arrangements regarding Community structural financial assistance in the fisheries and aquaculture sector and the processing and marketing of its products as amended by Council Regulation (EC) No.1624/95 , Council Regulation (EC) No.2719/95 , Council Regulation (EC) No.965/96 and Council Regulation (EC) No.25/97
; and
b
there shall be added at the end of paragraph (a)(v) in the definition of “relevant operation”, the following–
and promotion of operations by the fishery or aquaculture trade (article 13 of the Council Regulation)
.
E A Morley
Parliamentary Secretary Ministry of Agriculture, Fisheries and Food
2nd June 1998
Sewel
Parliamentary Under Secretary of State, Scottish Office
26th May 1998


text:
1
This Order may be cited as the Curfew Order (Responsible Officer) (Amendment) Order 1998 and shall come into force on 10th December 1998.
2
In article 4 of the Curfew Order (Responsible Officer) Order 1997 , for the words “Geografix Limited, Hurricane Way, Norwich NR6 6EW” there shall be substituted the words “Premier Monitoring Services Limited, Centennial Court, Easthampstead Road, Bracknell, Berkshire RG12 1YQ”.
Gareth Williams
Minister of State
Home Office
7th December 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Transport and Works (Assessment of Environmental Effects) Regulations 1998 and shall come into force on 7th October 1998.
2
In these Regulations, “ the Act ” means the Transport and Works Act 1992 .
Provision of information and compliance with directions
2
In section 6 of the Act–
a
after subsection (2) there shall be inserted–
2A
The power to make rules by virtue of subsection (2) above includes power to make provision for or in connection with requiring the Secretary of State in such cases or circumstances as may be prescribed in the rules to give to a person who proposes to make an application under this section an opinion on the information, if any, to be supplied in connection with that application.
.
b
in subsection (3) (rules as to consultation before application is made may require compliance with directions by the Secretary of State) after “is made” there shall be inserted “, or as to the provision of information by a relevant authority to a person for the purposes of an application which the person proposes to make,”.
c
after subsection (6) there shall be added–
7
In subsection (3) above “relevant authority” means any authority in relation to which Article 5(4) of Council Directive 85/337/ EEC , as amended by Council Directive 97/11/ EC , (authorities holding relevant information to make it available to the developer) applies, and includes–
a
the Countryside Commission;
b
the Countryside Council for Wales;
c
a local planning authority, within the meaning of Part I of the Town and Country Planning Act 1990 ;
d
the Minister of Agriculture, Fisheries and Food; and
e
the Nature Conservancy Council for England.
.
Cases in which other Member States are affected
3
After section 6 of the Act there shall be inserted–
Cases where other Member States are affected
6A
1
The power conferred on the Secretary of State by subsection (2) of section 6 above to make rules includes power to make rules for a case where an application has been made under that section and another Member State is affected by the project in question, as to–
a
the provision by the Secretary of State to the Member State, or to authorities in, or the public of, the Member State, of documents and information relating to the application;
b
consultation by the Secretary of State with the Member State in connection with the application; or
c
notification by the Secretary of State to the Member State of the decision, or of matters relating to the decision, on the application.
2
For the purposes of subsection (1) above, the cases where another Member State is affected by the project in question are those cases where–
a
it appears to the Secretary of State that the project would be likely to have significant effects on the environment in another Member State; or
b
that other Member State is likely to be significantly affected by the project and requests information relating to the application.
.
Publicity for making or refusal of orders
4
In section 14 of the Act (publicity for the making or refusal of orders)–
a
after subsection (3A) there shall be inserted–
3AA
If, in a case where subsection (3A) has effect, an order is to be made, the notices under subsection (1) shall also contain a description of the main measures to avoid, reduce and, if possible, remedy the major adverse environmental effects.
, and
b
in subsection (3B), at paragraph (a), after “the environment,”, there shall be added–
as amended by Council Directive 97/11/EC ,
,
and in paragraph (b), after “that Directive” there shall be inserted–
as so amended
.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Glenda Jackson
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
7th September 1998


text:
Citation and commencement
1
This Order may be cited as the New Addington Education Action Zone Order 1998 and shall come into force on 1st September 1998.
Interpretation
2
In this order–
“first members” means those persons appointed in accordance with article 4;
“partners” means those persons listed in Schedule 1 to this Order; and
“zone school” means a school listed in Schedule 2 of this Order.
Constitution of education action zone
3
The schools listed in Schedule 2 to this Order shall constitute collectively an education action zone under the name of the New Addington Education Action Zone (“the zone”) for the purposes of Chapter III of Part I of the School Standards and Framework Act 1998.
4
There shall be an Education Action Forum for the zone, the membership of which shall include–
a
one person appointed by the governing body of each zone school, unless any such governing body chooses not to make such an appointment;
b
either one or two persons appointed by the Secretary of State; and
c
one person appointed by each partner, unless any partner chooses not to make such an appointment.
5
1
The first members shall as soon as reasonably practicbale appoint–
a
one person elected and nominated by New Addington Baptist Church, Good Shepherd RC Church, St Edward the Confessor CE Church, St Mary the blessed Virgin CE Church, New Addington Community Church and the local branch of the Salvation Army Corps;
b
one person elected and nominated by the head teachers of the zone schools;
c
two persons elected and nominated by teachers of the zone schools which are primary schools;
d
one person elected and nominated by the teachers of the zone schools which are secondary schools;
e
one person elected and nominated by the local branches of the National Union of Teachers, the National Association of Schoolmasters and Union of Women Teachers, the Association of Teachers and Lecturers, the Professional Association of Teachers, the Secondary Heads Association and the National Association of Head Teachers; and
f
one person elected and nominated by the local branches of Unison and GMB.
2
The Forum may at any time appoint–
a
not more than 5 additional members from persons appearing to them to represent the interests of businesses;
b
not more than 4 additional members from persons appearing to them to represent the interests of parents of registered pupils at zone schools;
c
either one or two additional members from persons appearing to them to represent the interests of voluntary sector; and
d
either one or two additional members from persons appearing to them to represent the interests of the local community.
Disqualification from membership of the Forum
6
Articles 7 to 9 shall have effect for the purpose of prescribing the circumstances and cases in which a person is to be disqualified for holding, or continuing to hold, office as a member of the Forum.
Disqualification from membership of Forum — bankruptcy etc.
7
1
Subject to the provisions of this regulation, a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if he has been adjudged bankrupt or has made a composition or arrangement with his creditors; and a member, on becoming so disqualified, shall give written notice of the fact to the secretary to the Forum.
2
Where a person is disqualified by reason of his having been adjudged bankrupt, that disqualification shall cease–
a
unless the bankruptcy order made against that person is previously annulled, on his discharge from bankruptcy; and
b
if the bankruptcy order is so annulled, on the date of the annulment.
3
Where a person is disqualified by reason of his having made a composition or arrangement with his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed and in any other case it shall cease on the expiration of three years from the date on which the terms of the deed of composition or arrangement are fulfilled.
Disqualification from membership of Forum — criminal convictions
8
1
Subject to paragraph (2) a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if–
a
within five years before his appointment would otherwise have taken effect or since his appointment, he has been convicted, whether in the United Kingdom or elsewhere, of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;
b
within twenty years before his appointment would otherwise have taken effect, he has been convicted as aforesaid and has had passed on him a sentence of imprisonment for a period of more than two and a half years; or
c
he has at any time been convicted as aforesaid and has had passed on him a sentence of imprisonment of not less than five years.
2
For the purposes of this regulation there shall be disregarded any conviction by or before a court outside the United Kingdom of an offence in respect of conduct which, if it had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom.
Disqualification — absence from meetings
9
Any member of the Forum who, without the consent of the Forum has failed to attend the meetings thereof for a continuous period of six months beginning with the date of a meeting shall, on the expiry of that period, be disqualified for continuing to be a member of the Forum without prejudice however, to his re-appointment.
Chairman’s tenure of office
10
The chairman of the Forum elected in accordance with paragraph 2 of Schedule 1 to the Act, shall hold office for one year from the date of his election (unless he resigns his office earlier), without prejudice to his eligibility to be re-elected for a further such period.


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the City of Bristol (Electoral Changes) Order 1998.
2
This Order shall come into force 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 the day after that on which it is made.
3
In this Order–
“the city” means the City of Bristol;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the City of Bristol (Electoral Changes) Order 1998”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of Bristol
2
1
The existing wards of the city shall be abolished.
2
The city shall be divided into 35 wards which shall bear the names set out in Schedule 1.
3
The wards shall comprise the areas designated on the map by reference to the names of the wards and demarcated by red lines; and the number of councillors to be elected for each ward shall be two.
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.
Elections of the council of Bristol
3
1
Subject to the following provisions of this article, the election of councillors for wards of the city shall be by thirds.
2
Elections of all councillors for wards of the city shall be held simultaneously on the ordinary day of election of councillors in 1999 .
3
The councillors holding office for any ward in the city immediately before 10th May 1999 shall retire on that date and the newly elected councillors for any such ward shall come into office on that date.
4
The order of retirement of councillors shall be as set out in Schedule 2.
5
Where the number of councillors elected in 1999 for any ward of the city is two, the first to retire shall, subject to paragraphs (6) and (7) below, be the councillor elected by the smaller number of votes.
6
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
7
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
8
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
9
Except as otherwise provided in the foregoing paragraphs of this article, the term of office of councillors shall be four years and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly elected councillors shall come into office on the day on which their predecessors retire.
Revocations
4
The City of Bristol (Electoral Arrangements) Order 1980 and article 8 of the Avon (Structural Change) Order 1995 are hereby revoked.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
3rd November 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Renfrewshire and Inverclyde Primary Care National Health Service Trust (Establishment) Order 1998 and shall come into force on 2nd November 1998.
2
In this Order, unless the context otherwise requires–
“ the Act ” means the National Health Service (Scotland) Act 1978;
“establishment date” means 2nd November 1998;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 7A to the Act;
“the trust” means Renfrewshire and Inverclyde Primary Care National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called Renfrewshire and Inverclyde Primary Care National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 12A(1)(b) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more Health Boards) shall be to provide and manage hospital accommodation and facilities at Dykebar Hospital, Paisley, and at establishments associated with that hospital, and also including the management of any teaching and research facilities associated with those establishments and the support services related thereto.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1999.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions–
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment;
c
of doing such other things as are reasonably necessary for the said purposes.
Assistance by Health Board before operational date
7
1
The Argyll and Clyde Health Board shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (2) of this article, and provided that the liabilities have been incurred with the prior consent of the said Board.
2
The liabilities referred to in the preceding paragraph are–
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
3
The Health Board specified for the purposes of paragraph 3(1)(f) of Schedule 7A to the Act (body which is to make the scheme under section 12B of the Act for the transfer of staff) in relation to the trust shall be the Argyll and Clyde Health Board.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 7A to the Act (maximum value of freely disposable assets) in relation to the trust shall be £500,000.
Sam Galbraith
Minister for Health, Scottish Office
St Andrew’s House,
Edinburgh
30th October 1998


text:
Commencement and citation
1
This Order may be cited as The A1 Trunk Road (Islington) Red Route Traffic Order 1993 Experimental Variation Order 1998, and shall come into force on 27th January 1998.
Variations
2
The A1 Trunk Road (Islington) Red Route Traffic Order 1993 is varied in accordance with the following provisions of this Order.
3
In schedule 4 the text “NO STOPPING AT ANY TIME” is substituted as follows:
PART I —
NO STOPPING AT ANY TIME WITH CERTAIN EXEMPTIONS FOR PICKING UP & SETTING DOWN
4
In schedule 4 item 49 is substituted as follows:
From a point 95.0 metres south of the southern kerbline of Duncan Street to its junction with Pentonville Road.
5
In schedule 4 the following text is added after item 65 as follows:
PART II —
NO STOPPING AT ANY TIME
(No Boarding and Alighting exemption)
ISLINGTON HIGH STREET/UPPER STREET
East Side
66
From its junction with the southern kerbline of Duncan Street to a point 95.0 metres south of the aforementioned kerbline.
6
In article 7 after the text “ 7. ” the following text is added:
—
1
7
In article 7 the following new paragraph (2) is added as follows:
Nothing in sections (a), (b) and (c) of paragraph (1) of this article apply to any length of road specified in part II of schedule 4
Power to modify or suspend this Order
8
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
19th January 1998


text:
Citation and commencement
1
This Order may be cited as the Warwickshire Ambulance Service National Health Service Trust (Establishment) Amendment Order 1998 and shall come into force on 7th December 1998.
Amendment of Establishment Order
2
For article 3 of the Warwickshire Ambulance Service National Health Service Trust (Establishment) Order 1993 (nature and functions of the trust) there shall be substituted the following article:–
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be–
a
to own and manage pursuant to section 5(1)(a) of the Act:
i
Nuneaton Ambulance Station, Newton Road, Nuneaton, Warwickshire, CV11 4HR
ii
Dordon Ambulance Station, Watling Street, Dordon, Staffordshire, B78 1TE
iii
Rugby Ambulance Station, Brownsover Lane, Rugby, Warwickshire, CV21 1HL and
iv
Warwick Ambulance Station, Montague Road, Warwick, Warwickshire, CV34 5UV
and from there to provide and manage ambulance and associated transport services and such other services relating to the provision of care as can reasonably be carried out in conjunction therewith; and
b
to provide and manage pursuant to section 5(1)(b) of the Act:
i
Ambulance Service Headquarters, Dale Street, Leamington Spa, CV32 5HH,
ii
Stratford Ambulance Station, Masons Road, Stratford, Warwickshire CV37 9NA, and
iii
Ambulance Control Centre and Vehicle Compound, Queen Elizabeth Hospital, University Hospital Birmingham National Health Service Trust, Vincent Drive, Edgbaston, Birmingham, B15 2TH
and from there to provide and manage ambulance and associated transport services and such other services relating to the provision of care as can reasonably be carried out in conjunction therewith.
.
Signed by authority of the Secretary of State for Health
Alan Milburn
Department of Health
26th November 1998


text:
Citation and commencement
1
This Order may be cited as The Freeman Group of Hospitals and the Royal Victoria Infirmary and Associated Hospitals National Health Service Trusts (Dissolution) Order 1998 and shall come into force on 1st April 1998.
Dissolution of NHS trust
2
1
The Freeman Group of Hospitals National Health Service Trust established by the Freeman Group of Hospitals (Establishment) Order 1990 is dissolved, and accordingly that Order is revoked.
2
The Royal Victoria Infirmary and Associated Hospitals National Health Service Trust established by the Royal Victoria Infirmary and Associated Hospitals National Health Service Trust (Establishment) Order 1994 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