text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Urban Development Corporations in England (Transfer of Property, Rights and Liabilities) (Commission for the New Towns) Order 1998.
2
This Order shall come into force on 1st April 1998.
3
In this Order —
“the 1980 Act ” means the Local Government, Planning and Land Act 1980;
“the 1981 Act ” means the New Towns Act 1981 ;
“the commencement date” means the date on which this Order comes into force;
“ the Commission ” means the Commission for the New Towns;
“Corporation” means any of the following, namely —
the Birmingham Heartlands Development Corporation,
the Black Country Development Corporation,
the London Docklands Development Corporation,
the Merseyside Development Corporation,
the Plymouth Development Corporation,
the Teesside Development Corporation,
the Trafford Park Development Corporation, and
the Tyne and Wear Development Corporation.
Transfer of property, rights and liabilities to Commission
2
1
Subject to paragraph (2) below, any property, rights and liabilities vested in a Corporation on the commencement date are hereby transferred to the Commission on that date.
2
Paragraph (1) above shall not apply to any property, rights or liabilities of a Corporation —
a
which are proposed to be transferred under section 165 or 165A of the 1980 Act ; or
b
which the Corporation has notified in writing to the Commission, at least 14 days before the commencement date, as property, rights and liabilities which it thinks necessary or expedient to retain for the purpose of preparing its final accounts and report and winding up its affairs.
3
Any property, rights and liabilities remaining vested in a Corporation immediately before the dissolution date shall hereby be transferred to the Commission on that date.
4
In this article “the dissolution date”, in relation to a Corporation, means the date on which the Corporation is dissolved by order under section 166 of the 1980 Act .
Extended functions of Commission
3
1
In subsection (1) of section 36 of the 1981 Act (functions of Commission), in paragraph (a), for the words from “the property” to “this Act,” there shall be substituted the following sub-paragraphs —
i
the property of development corporations transferred to the Commission under this Act, and
ii
the property of urban development corporations transferred to the Commission by order under section 165B of the Local Government, Planning and Land Act 1980,
.
2
In subsection (2) of that section, after the words “new town” there shall be inserted the words “or urban development area”.
3
In subsection (3) of that section, after the words “subsection (1) above” there shall be inserted the words “, so far as it relates to property of development corporations,”.
4
After that subsection there shall be inserted the following subsection —
3A
Subject to the provisions of this Act and to any direction given to them by the Secretary of State under section 37 below, the Commission has power, with a view to the better fulfilment of any of the purposes mentioned in subsection (1) above, so far as it relates to property of urban development corporations, —
a
to acquire, hold, manage and turn to account any land or other property, including any interest in or rights over land; and
b
to make contributions towards the cost of providing —
i
roads;
ii
water supplies;
iii
gas or electricity services; or
iv
sewerage or sewage disposal services.
.
5
In subsection (4) of that section, after the words “subsection (3)” there shall be inserted the words “or (3A)”.
6
After subsection (4) of that section there shall be inserted the following subsection —
4A
In this section “urban development area” means land which is or was, or is or was part of, an urban development area (within the meaning of Part XVI of the Local Government, Planning and Land Act 1980) and —
a
any reference to property transferred to the Commission by order under section 165B of that Act includes a reference to rights and liabilities so transferred; and
b
in relation to liabilities so transferred, any reference to disposal includes a reference to extinguishment.
.
Incidental and supplementary provisions
4
1
After subsection (1) of section 166 of the 1980 Act (dissolution of corporations) there shall be inserted the following subsection —
1A
Any property, rights and liabilities retained by an urban development corporation for the purpose of preparing its final accounts and report and winding up its affairs shall be disregarded for the purposes of subsection (1) above.
.
2
Any expenses incurred by a Corporation on or after the commencement date for the purpose of preparing its final accounts and report and winding up its affairs shall, so far as it is not defrayed out of any such property as is mentioned in article 2(2)(b) above, be defrayed by the Commission.
Signed by authority of the Secretary of State for the Environment
R.G. Caborn
Minister of State,
Department of the Environment, Transport and the Regions
19th January 1998


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Firemen’s Pension Scheme (Amendment) Order 1998, shall come into force on 11th May 1998, and shall have effect as from 6th April 1997.
Amendment of the Firemen’s Pension Scheme Order 1992
2
1
The Schedule to this Order has effect for varying the Scheme set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992 .
2
A reference in the Schedule to this Order to a numbered rule is a reference to the rule identified by that number in the 1992 Scheme.
George Howarth
Parliamentary Under-Secretary of State
Home Office
26th March 1998
We approve
Graham Allen
Jon Owen Jones
Two of the Lords Commissioners of Her Majesty’s Treasury
7th April 1998


text:
1
1
This Order may be cited as the Combined Probation Areas (Kent) Order 1998.
2
This Order shall come into force on 1st January 1999 save that, for the purposes of making appointments to the probation committee for Kent to take effect on that date, this Order shall come into force forthwith.
2
For that part of Schedule 2 to the Combined Probation Areas Order 1986 which relates to the Kent Area , there shall be substituted the following–
(1) (2) (3) Petty Sessions Area Probation Area Number of Justices on Probation Committee
Canterbury & St. Augustine Kent 1 Channel 2 Dartford 1 Faversham & Sittingbourne 1 Gravesham 1 Medway 2 Mid Kent 2 Thanet 1 West Kent 2
Gareth Williams
Minister of State
Home Office
16th December 1998


text:
Citation
1
This Order may be cited as the Social Security Administration (Fraud) Act 1997 (Commencement No. 6) Order 1998.
Appointed days
2
The day appointed for the coming into force of sections 20(1), in so far as not already in force, and 21(1) of the Social Security Administration (Fraud) Act 1997 (return of social security post and information about redirection of post) is 16th November 1998.
Signed by authority of the Secretary of State for Social Security.
P. Hollis
Parliamentary Under-Secretary of State,
Department of Social Security
12th November 1998


text:
Citation and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Oil and Chemical Pollution of Fish) Order 1997 (Revocation) Order 1998 and shall come into force at 17.00 hours on 16th February 1998.
Revocation
2
The Food Protection (Emergency Prohibitions) (Oil and Chemical Pollution of Fish) Order 1997 insofar as remaining in force is hereby revoked.
J R Wildgoose
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
16th February 1998


text:
Citation
1
This Order may be cited as the Local Government and Rating Act 1997 (Commencement No. 5 and Transitional Provision) Order 1998.
Visiting forces
2
Sections 4 and 7 of the Local Government and Rating Act 1997 (“ the Act ”) shall come into force on 1st October 1998.
Crown property
3
1
The Act, in so far as not already in force, shall come into force on 1st April 2000.
2
For the purposes of the estimate to be made under paragraph 5(7) of Schedule 7 to the Local Government Finance Act 1988 (calculation of the non-domestic rating multiplier) for the chargeable financial year beginning on 1st April 2000, the rateable value of any hereditament to be shown in a non-domestic rating list for that day by virtue of paragraph (1) above shall be disregarded.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State
Department of the Environment, Transport and the Regions
18th September 1998


text:
Title and commencement
1
These Regulations may be cited as the Potatoes Originating in The Netherlands (Amendment) Regulations 1998 and shall come into force on 18th December 1998.
Amendment of the Potatoes Originating in The Netherlands Regulations 1997
2
1
The Potatoes Originating in The Netherlands Regulations 1997 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 3 (interpretation) for the definition of “originating in The Netherlands” there shall be substituted–
“originating in The Netherlands” means grown in 1998 in The Netherlands;
.
3
In regulation 4(3)–
a
for the words “before the commencement of these Regulations” there shall be substituted the words “before the commencement of the Potatoes Originating in The Netherlands (Amendment) Regulations 1998”; and
b
for the words “31st October 1997” there shall be substituted the words “31st December 1998”.
4
In regulation 4(4)–
a
for the words “before the commencement of these Regulations” there shall be substituted the words “before the commencement of the Potatoes Originating in The Netherlands (Amendment) Regulations 1998”; and
b
for the words “31st October 1997” there shall be substituted the words “31st December 1998”.
5
In regulation 6(1) (charges in respect of the sampling of imports of seed potatoes) for the words “a fee of £116” there shall be substituted the words “a fee of £118”.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
16th December 1998
Calum Macdonald
Parliamentary Under Secretary of State, Scottish Office
15th December 1998


text:
1
This Order may be cited as the Geneva Conventions (Amendment) Act 1995 (Commencement) Order 1998.
2
The Geneva Conventions (Amendment) Act 1995 shall come into force on 20th July 1998.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the East Middlesbrough Education Action Zone (No. 2) Order 1998 and shall come into force on 26th October 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 to this Order.
Revocation
3
The East Middlesbrough Education Action Zone Order 1998 is hereby revoked.
Constitution of education action zone
4
The schools listed in Schedule 2 to this Order shall constitute collectively an education action zone under the name of the East Middlesbrough Education Action Zone (“the zone”) for the purposes of Chapter III of Part I of the School Standards and Framework Act 1998.
5
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 school listed in the Schedule, 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.
6
The Forum may at any time appoint not more than 30 additional members from persons appearing to them to represent the interests of–
a
businesses;
b
parents of children of compulsory school age; and
c
the voluntary sector
in the area served by the zone schools.
Disqualification from membership of the Forum
7
Articles 8 to 10 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.
8
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 clerk 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
9
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 purpose 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
10
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
11
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, without prejudice to his eligibility to be re-elected for a further such period.
Estelle Morris
Minister of State,
Department for Education and Employment
2nd October 1998


text:
Citation, commencement etc.
1
1
This Order may be cited as the Police Act 1997 (Notification of Authorisations etc.) Order 1998 and shall come into force on the date on which Part III of the Police Act 1997 comes fully into force.
2
In this Order, references to authorisations are references to authorisations under section 93 of the 1997 Act (authorisations to interfere with property etc.) and references to a notice are references to a notice required to be given to a Commissioner under section 96(1) of that Act (notifications of authorisations etc.).
Notice of authorisation
2
Where a person gives an authorisation, the notice thereof to a Commissioner shall specify the following matters–
a
whether section 97 of the 1997 Act (requiring the approval of a Commissioner in certain cases before an authorisation can take effect) applies;
b
where that section does not apply by virtue of subsection (3) of that section, the grounds on which the case is believed to be one of urgency;
c
the grounds on which the authorising officer believes the matters specified in section 93(2) of the 1997 Act;
d
the identity, where known, of persons to be the subject of the action authorised;
e
where the action authorised involves an interference with property, the property to which the authorisation applies;
f
the nature of the case and the reason why action of the kind and extent authorised is considered to be necessary;
g
whether the authorising officer considers that the action to be authorised is likely to lead to intrusion on the privacy of persons other than any person who is to be the subject of that action; and
h
whether it will be necessary to retrieve any equipment used in the action to be authorised.
Notice of renewal of authorisation
3
Where a person renews an authorisation, the notice thereof to a Commissioner shall specify the following matters–
a
whether the authorisation is being renewed for the first time, or, where it has been previously renewed, each occasion on which it has been renewed;
b
the matters required by article 2 above, as they apply at the time of notice of renewal;
c
every respect in which the information provided in the previous notification has changed;
d
the reason why it is considered to be necessary to renew the authorisation;
e
the content, and value to the investigation, of the information obtained to date through the action authorised;
f
the results of any reviews by the authorising officer; and
g
the period for which the authorisation is considered likely to continue to be necessary.
Notice of cancellation of authorisation
4
Where a person cancels an authorisation, the notice thereof to a Commissioner shall specify the following matters–
a
the date and time when he gave the instructions to cease the action authorised;
b
the reasons for cancelling the authorisation;
c
the outcome of the investigation to which the authorisation related, and details of any criminal proceedings instituted or intended to be instituted; and
d
what arrangements have been made for the storage of material obtained as a result of the action authorised, for its review and its destruction when its retention is no longer required, and for the immediate destruction of any material unrelated to the purposes for which the action was authorised.
Minister of State
Paul Boateng
Home Office
22nd December 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Vale Royal (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 the day after that on which it is made.
3
In this Order–
“the borough” means the borough of Vale Royal;
“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 Borough of Vale Royal (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 Vale Royal
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty eight 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, 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 similar geographical feature, it shall be treated as running along the centre of the feature.
Elections of the council of Vale Royal
3
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 1999 and every fourth year thereafter.
Wards in the parish of Davenham
4
The parish of Davenham shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the borough 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.
Wards in the parish of Frodsham
5
1
The existing wards of the parish of Frodsham shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Frodsham East, Frodsham North, Frodsham South and Frodsham West and each parish ward shall comprise the area designated on sheet 5 by reference to the name of the parish ward and demarcated by orange lines.
3
The number of councillors to be elected for each of the Frodsham North and Frodsham South parish wards shall be four; the number of councillors to be elected for Frodsham East parish ward shall be five and the number of councillors to be elected for Frodsham West parish ward shall be three.
Wards of the parish of Helsby
6
1
The existing wards of the parish of Helsby shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Helsby Central, Helsby North and Helsby South and each parish ward shall comprise the area designated on sheet 5 by reference to the name of the parish ward and demarcated by orange lines.
3
The number of councillors to be elected for each parish ward shall be five.
Wards in the parish of Lostock Gralam
7
The parish of Lostock Gralam shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the borough 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.
Wards in the parish of Northwich
8
1
The existing wards of the parish of Northwich shall be abolished.
2
The parish shall be divided into five parish wards which shall bear the names set out in column (1) of Schedule 4; each parish ward shall comprise the area of the borough 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.
Wards in the parish of Winsford
9
1
The existing wards of the parish of Winsford shall be abolished.
2
The parish shall be divided into six parish wards which shall bear the names Winsford Dene, Winsford Gravel, Winsford Over, Winsford Swanlow, Winsford Verdin and Winsford Wharton and each parish ward shall comprise the area of the ward of the borough bearing the same name.
3
The number of councillors to be elected for each of the Winsford Gravel, Winsford Wharton and Winsford Dene parish wards shall be two and the number of councillors to be elected for each of the Winsford Over, Winsford Swanlow and Winsford Verdin parish wards shall be three.
Revocation
10
The Borough of Vale Royal (Electoral Arrangements) Order 1976 is hereby revoked.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
13th November 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government Changes for England (Disability Statements) Regulations 1998 and shall come into force on 29th June 1998.
2
In these Regulations a “section 17 order” means an order under section 17 of the Local Government Act 1992.
New Local Education Authorities: Disability Statements
2
In relation to a local authority, which by or in consequence of a structural change effected by a section 17 order became a local education authority on 1st April 1998 (having not previously been one), regulation 3(1) of the Education (Disability Statements for Local Education Authorities) (England) Regulations 1997 shall have effect as if 31st December 1998 were substituted for 15th December 1997.
Andrew Smith
Minister of State,
Department for Education and Employment
1st June 1998


text:
1
This Order may be cited as the Public Telecommunication System Designation (Startec Telecom Limited) Order 1998 and shall come into force on 5th October 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
1st September 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North and East Devon Health Authority (Transfers of Trust Property) Order 1998 and shall come into force on 24th February 1998.
2
In this Order —
“the Authority” means the North and East Devon Health Authority;
“the Schedule” means the Schedule to this Order;
“the trust property” means, in the case of each National Health Service trust specified in the Schedule, the items specified in a schedule of trust property prepared by, agreed upon by and signed on behalf of the Authority and that National Health Service trust on 13th January 1997.
Transfer of trust property
2
On 24th February 1998, in the case of each National Health Service trust specified in the Schedule, the trust property shall be transferred from the Authority to that National Health Service trust.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,
Department of Health
27th January 1998


text:
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No. 2) Regulations 1998 and shall come into force on 1st April 1998.
2
The Motor Vehicles (Driving Licences) Regulations 1996 shall be further amended in accordance with regulation 3.
3
1
In regulation 27(6), for “£31.00” there shall be substituted “£32.75”.
2
In regulation 45(5) for “£10” there shall be substituted “£15”.
3
For Schedule 5 (fees for tests) there shall be substituted —
FEES FOR TESTS
(1) Category or sub-category of vehicle (2) Test, other than an extended driving test, commencing: (3) Extended driving test commencing: (a) During normal hours (b) Out of hours (a) During normal hours (b) Out of hours
1. A and P £39.00 £52.00 £78.00 £104.00 2. B1, B, F, G, H and K £32.75 £43.00 £65.50 £86.00 3. B1 (invalid carriages) No fee No fee No fee No fee 4. B+E, C1, C1+E, D1, D1+E, C, C+E, D and D+E £73.50 £92.00 – –
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Helene Hayman
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
2nd March 1998
We approve the making of these Regulations
Jim Dowd
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd March 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of North Somerset (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 the day after that on which it is made.
3
In this Order–
“the district” means the district of North Somerset;
“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 North Somerset (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 North Somerset
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into 36 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 Clevedon
3
1
The existing wards of the parish of Clevedon shall be abolished.
2
The parish shall be divided into seven parish wards which shall bear the names Clevedon Central, Clevedon East, Clevedon North, Clevedon South, Clevedon Walton, Clevedon West, Clevedon Yeo and each parish ward shall comprise the area of the ward of the district bearing the same name.
3
The number of councillors to be elected for each parish ward shall be three.
Wards of the parish of Portishead and North Weston
4
1
The existing wards of the parish of Portishead and North Weston shall be abolished.
2
The parish shall be divided into six parish wards which shall bear the names Portishead Central, Portishead Coast, Portishead East, Portishead Redcliffe Bay, Portishead South and North Weston and Portishead West and each parish ward shall comprise the area of the ward of the district bearing the same name.
3
The number of councillors to be elected for each parish ward shall be three.
Wards of the parish of Nailsea
5
1
The existing wards of the parish of Nailsea shall be abolished.
2
The parish shall be divided into five parish wards which shall bear the names Golden Valley, Mizzymead, West End, Yeo and Youngwood and each parish ward shall comprise the area designated on sheet 6 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.
Wards of the parish of Long Ashton
6
The parish of Long Ashton shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 2 and 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.
Wards of the parish of Easton-in-Gordano
7
The parish of Easton-in-Gordano shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3 and 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 that parish ward in column (3) of that Schedule.
Wards of the parish of Wick St. Lawrence
8
1
The parish of Wick St. Lawrence shall be divided into two parish wards which shall bear the names East Wick and West Wick and the wards shall comprise the area designated on sheet 7 by reference to the name of the ward and demarcated by orange lines.
2
The number of councillors to be elected for each parish ward shall be five.
Numbers of parish councillors
9
The number of parish councillors to be elected for the Backwell parish shall be fifteen.
Revocations
10
The District of Woodspring (Electoral Arrangements) Order 1977 and the District of Woodspring (Electoral Arrangements) Order 1985 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 Education (National Curriculum) (Attainment Targets and Programmes of Study in Physical Education) (England) Order 1998 and shall come into force on 1st September 1998.
2
In this Order–
“The Document” means the Document published by Her Majesty’s Stationery Office in January 1995 entitled “Physical Education in the National Curriculum” .
3
This Order applies only to pupils at maintained schools and grant-maintained schools (other than schools established in a hospital) in England.
Revocation
2
The Education (National Curriculum) (Attainment Targets and Programmes of Study in Physical Education) Order 1995 is hereby revoked in so far as it applies to schools in England.
Specification of attainment targets and programmes of study
3
It is hereby directed that the provisions relating to attainment targets and programmes of study set out in the Document shall have effect in relation to schools in England for the purpose of specifying attainment targets and programmes of study in relation to physical education subject to the amendments set out in the Schedule.
4
The examples printed in italics in the Document (which serve to illustrate the programmes of study described therein) do not form part of the provision made by this Order.


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Maidstone Borough Council) Order 1998 and shall come into force on 10th April 1998.
Exemption of supervision of parking work
2
Supervision of parking by the council of the borough of Maidstone shall not be treated as a defined activity so long as it is carried out in their area before 30th January 1999.
Signed by authority of the Secretary of State
Nick Raynsford
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
9th March 1998


text:
Citation and commencement
1
These Regulations may be cited as the Goods Vehicles (Plating and Testing) (Amendment) (No. 2) Regulations 1998 and shall come into force on 1st January 1999.
Preliminary
2
The Goods Vehicles (Plating and Testing) Regulations 1988 shall be further amended in accordance with the following provisions of these Regulations.
Amendment of regulation 20
3
In regulation 20(1)(g) after the words “the Construction and Use Regulations” there shall be inserted “or of the Road Vehicles (Authorised Weight) Regulations 1998 ”.
Signed by authority of the Secretary of State
Larry Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
11th December 1998


text:
Citation and commencement
1
This Order may be cited as the Leigh Education Action Zone Order 1998 and shall come into force on 1st January 1999.
Interpretation
2
In this Order–
“partners” means those persons listed in Schedule 1 to this Order; and
“zone school” means a school listed in Schedule 2 to this Order.
Constitution of education action zone
3
The schools listed in Schedule 2 to this Order shall constitute collectively an education action zone under the name of the Leigh Education Action Zone (“the zone”) for the purposes of Chapter III of Part I of the School Standards and Framework Act 1998.
4
1
There shall be an Education Action Forum for the zone to be known as the Leigh Education Action Forum, 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.
2
Where a partner is an individual he may appoint himself under paragraph (1)(c), but he shall cease to hold office as a member of the Forum if he ceases to hold the office by virtue of which he is a partner.
5
1
The Forum may at any time appoint–
a
either one or two additional members from persons who are members of the Metropolitan Borough of Wigan Council elected for Hindley, Hindley Green, Atherton, Hindsford, Hope Carr, Leigh Central, Leigh East or Bedford-Astley wards who are also members of the education committee of that Council;
b
either one or two additional members from persons appearing to them to represent the National Union of Teachers, Secondary Heads Association, National Association of Schoolmasters/Union of Women Teachers, National Association of Head Teachers or Association of Teachers and Lecturers;
c
either one or two additional members from persons appearing to them to represent the head teachers of secondary schools which are zone schools;
d
either one or two additional members from persons appearing to them to represent the head teachers of primary schools which are zone schools;
e
one additional member from persons appearing to them to represent Leigh based businesses;
f
up to 4 additional members from persons appearing to them to represent parent governors (within the meaning of Schedule 9 to the School Standards and Framework Act 1998) of schools;
g
either one or two additional members from persons appearing to them to represent voluntary organisations in the area served by the zone schools;
h
either one or two additional members from persons appearing to them to represent community organisations in the area served by the zone schools; and
i
up to 3 additional members appearing to them to be able to further the objects of the zone.
2
Any member appointed under paragraph (1)(a) shall cease to hold office as a member of the Forum if he ceases to be a member of the education committee of Wigan Metropolitan Borough Council or ceases to be elected for any of the words mentioned in that paragraph.
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 period of one year.
Estelle Morris
Minister of State,
Department for Education and Employment
3rd December 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the School Standards and Framework Act 1998 (Infant Class Sizes) (Modification) Regulations 1998, and shall come into force on 1st September 1998.
2
In these Regulations —
“the 1998 Act ” means the School Standards and Framework Act 1998; and
“the 1996 Act ” means the Education Act 1996 .
3
Any reference in these Regulations to a county, voluntary, maintained special, grant-maintained or grant-maintained special school, shall be construed in accordance with the 1996 Act.
Modification of sections 2 and 3 of the 1998 Act
2
Until the appointed day (as defined in section 20(7) of the 1998 Act) sections 2 and 3 of the 1998 Act shall have effect as if any reference in those provisions to a school maintained by a local education authority were a reference to —
a
a county, voluntary or maintained special school maintained by that authority, or
b
a grant-maintained or grant-maintained special school situated within that authority’s area.
Tessa Blackstone
Minister of State,
Department for Education and Employment
7th August 1998
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
10th August 1998


text:
Citation, commencement, repeals and revocations
1
1
These Regulations may be cited as the Merchant Shipping (Carriage of Nautical Publications) Regulations 1998 and shall come into force on 1st December 1998.
2
The following provisions of the Merchant Shipping Act 1995 are hereby repealed–
a
section 90; and
b
in section 261(4)(a) the number “90,”.
3
The Merchant Shipping (Carriage of Nautical Publications) Rules 1975 are hereby revoked.
4
In the Fishing Vessels (Safety Provisions) Rules 1975 rule 70 and Schedule 25 shall be omitted.
Interpretation
2
1
In these Regulations–
“passenger ship” means a ship or hovercraft carrying more than 12 passengers;
“pleasure vessel” and “tons” have the same meaning as in the Merchant Shipping (Cargo Ship Construction) Regulations 1997 ;
“sea-going” means going beyond the limits of waters of categories A, B, C and D (as categorised in Merchant Shipping Notice No. M1504 or any subsequent Merchant Shipping Notice amending or replacing it which the Secretary of State considers relevant from time to time).
2
In regulations 4 to 8 “ship” includes hovercraft; and cognate expressions shall be construed accordingly; except that “United Kingdom ship” in relation to hovercraft, means hovercraft registered in the United Kingdom.
Application
3
1
Subject to paragraph (2), these Regulations apply–
a
to United Kingdom ships and hovercraft registered in the United Kingdom wherever they may be; and
b
to other ships or hovercraft while in United Kingdom waters.
2
These Regulations do not apply to:
a
ships which are less than 12 metres in registered length; or in the case of ships which are not registered, are of less than 12 metres in length ascertained in accordance with the definition of “length” in the Merchant Shipping (Load Lines) Regulations 1998 ;
b
hovercraft with a bottom planking which is less than 12 metres in length; or
c
pleasure vessels.
Requirement to carry nautical publications
4
1
All ships shall carry–
a
such charts complying with regulation 5; and
b
such adequate and up to date sailing directions, lists of lights, notices to mariners, tide tables and other nautical publications,
as are necessary for the intended voyage.
2
All sea-going passenger ships, and all other ships of 300 tons or more, shall carry the International Code of Signals published by the International Maritime Organization.
3
Without prejudice to paragraphs (1) and (2), sea-going United Kingdom ships shall carry the publications in Part A of the Schedule hereto, and all United Kingdom ships shall carry the publications, or relevant parts of publications, specified in Part B of the Schedule hereto.
Charts
5
The charts referred to in regulation 4(1)(a) must–
a
be of such a scale and contain sufficient detail as clearly to show–
i
all navigational marks which may be used by a ship when navigating the waters which are comprised in the chart,
ii
all known dangers affecting those waters, and
iii
information concerning any ships' routeing and ship reporting measures applicable to those waters,
b
either be published by the Hydrographer of the Navy or, if not so published, be of a similar scale to those so published and contain equivalent detail; and
c
in all cases, be of the latest obtainable edition and, be–
i
in the case of charts published by the Hydrographer of the Navy, corrected and kept up to date from the latest relevant obtainable Notices to Mariners and Radio Navigational Warnings, and
ii
in the case of charts not so published, otherwise adequately corrected and kept up to date.
In paragraph (b) the reference to the Hydrographer of the Navy includes a reference to any authority in any country other than the United Kingdom exercising functions similar to those of the Hydrographer.
Publications
6
1
The publications carried pursuant to regulation 4(2) and (3) must be of the latest obtainable edition and incorporate the latest relevant supplements and corrections.
2
In the case of publications listed in Part B of the Schedule hereto, only those parts of the publication which are relevant to a ship’s voyage and operation need be carried.
3
In the case of publications whose publisher is listed in the Schedule as the Hydrographer of the Navy, it shall be acceptable if the publication is published by some other person or body and is of equivalent standard and content.
Penalties
7
1
If a ship goes to sea or on a voyage, or attempts to go to sea or on a voyage, in contravention of regulation 4, the owner and master shall each be guilty of an offence, and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
2
It shall be a defence for a person charged under these Regulations to show that he took all reasonable steps and used all due diligence to avoid commission of the offence.
Power to detain
8
In any case where a ship does not comply with the requirements of these Regulations the ship shall be liable to be detained and section 284 of the Merchant Shipping Act 1995 (which relates to the detention of a ship) shall have effect in relation to the ship, subject to the modification that as if for the words “this Act”, wherever they appear, there were substituted the words “the Merchant Shipping (Carriage of Nautical Publications) Regulations 1998”.
Signed by authority of the Secretary of State
Glenda Jackson
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
26th October 1998


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (Injury Benefits) Amendment (No. 2) Regulations 1998 and shall come into force on 1st October 1998.
Amendment of the National Health Service (Injury Benefits) Regulations 1995
2
The National Health Service (Injury Benefits) Regulations 1995 shall be amended in accordance with regulations 3 to 5 below.
Amendment of regulation 2
3
In paragraph (1) of regulation 2 (interpretation)–
a
for the definition of “assistant practitioner” substitute the following definition–
“assistant practitioner” means an employee of a medical practitioner or dental practitioner on the list of a Health Authority being himself a medical practitioner or dental practitioner who, in such employment, is engaged in assisting his employer in the actual discharge of his duties as such practitioner, and for whose employment the consent of the Health Authority is required;
;
b
after the definition of “average remuneration” insert the following definition–
“dental hygienist” means a person whose name is included in the roll of dental hygienists referred to in regulation 21 of the Dental Auxiliaries Regulations 1986 ;
;
c
after the definition of “dental list” insert the following definition–
“dental pilot scheme employee” means an individual who is performing personal dental services in accordance with a pilot scheme, and is employed by an individual providing those services;
;
d
after the definition of “Dental Practice Board” insert the following definition–
“dental therapist” means a person whose name is included in the roll of dental therapists referred to in regulation 25 of the Dental Auxiliaries Regulations 1986;
;
e
after the definition of “employing authority”, insert the following definition–
“the health service” has the meaning given in section 128(1) of the 1977 Act;
;
f
after the definition of “medical list” insert the following definitions–
“medical pilot scheme employee” means an individual who, in connection with the provision of personal medical services in accordance with a pilot scheme, is employed by an individual providing those services;
“ NHS dental employee” means an individual who, in connection with the provision of services in the health service, is employed by–
a National Health Service trust;
a Health Authority;
a registered dentist; or
a registered dentist who is providing personal dental services in accordance with a pilot scheme;
“personal dental services” has the meaning given in section 1(8) of the 1997 Act;
“personal medical services” has the meaning given in section 1(8) of the 1997 Act;
;
g
the definition of “pilot scheme employee” shall be deleted;
h
for the definition of “practitioner” substitute the following definition–
“practitioner” means–
a registered medical practitioner or a registered dentist whose name is included on the medical list or, as the case may be, on the dental list of a Health Authority, other than a registered dentist who is employed by a Health Authority;
an assistant practitioner;
a registered medical practitioner or a registered dentist who is providing piloted services under a pilot scheme;
a registered dentist who contracts with a person providing piloted services to carry out personal dental services in accordance with a pilot scheme; and
a registered medical practitioner or a registered dentist who is a medical pilot scheme employee or a dental pilot scheme employee, as the case may be, and–
whose name appears on the medical list or, as the case may be, the dental list of a Health Authority, other than a registered dentist who was employed by a Health Authority; or
who was an assistant practitioner;
immediately prior to the commencement of employment as a medical or dental pilot scheme employee;
;
i
after the definition of “practitioner” insert the following definition–
“registered dentist” has the meaning given in section 53(1) of the Dentists Act 1984 ;
;
j
after the definition of “relevant pension scheme” insert the following definition–
“the Scheme” means the National Health Service Pension Scheme for England and Wales, the rules of which are set out in the pension scheme regulations;
.
Amendment of regulation 3
4
1
In paragraph (1) of regulation 3 (persons to whom the regulations apply) –
a
for sub-paragraph (e) substitute the following sub-paragraph–
e
is a provider of piloted services other than a person to whom paragraph (1A) applies;
;
b
for sub-paragraph (f) substitute the following sub-paragraph–
f
is a registered medical practitioner who is a medical pilot scheme employee and whose employment as such requires the consent of the Health Authority with which the person providing piloted services has agreed to provide piloted services;
;
c
after sub-paragraph (f) insert the following sub-paragraphs–
g
is a registered dentist who is a dental pilot scheme employee;
h
is a registered dentist who is engaged under a contract for services by a person providing piloted services to carry out personal dental services in accordance with a pilot scheme;
i
is a dental therapist who is a dental pilot scheme employee; or
j
is a dental hygienist who–
i
is employed as a dental pilot scheme employee otherwise than by a National Health Service trust; and
ii
was, immediately before the commencement of such employment, a member of the Scheme, to whom these Regulations applied.
.
2
After paragraph (1) of regulation 3 insert the following paragraph–
1A
This paragraph applies to a provider of personal dental services under a pilot scheme who is neither a registered dentist nor a dental therapist, and–
a
who–
i
immediately prior to the commencement of the pilot scheme, was an NHS dental employee, and
ii
was not at that time a member of the Scheme; or
b
to whom these Regulations did not apply immediately prior to the commencement of the pilot scheme.
.
Amendment of regulation 4A
5
For paragraph (6) of regulation 4A (recovery of costs) substitute the following paragraph–
6
This regulation shall apply to–
a
a practitioner;
b
a person providing piloted services;
c
a registered dentist who is engaged, under a contract for services, by a person providing piloted services to carry out personal dental services in accordance with a pilot scheme;
d
a registered medical practitioner who is a medical pilot scheme employee; and
e
a dental pilot scheme employee, who is employed as such otherwise than by a National Health Service trust,
as if he were an officer employed by the Health Authority in whose area he is providing services or, as the case may be, the Health Authority with which the person providing piloted services has agreed to provide piloted services.
.
Signed by authority of the Secretary of State for Health.
Alan Milburn
Minister of State,
Department of Health
7th September 1998
We consent to the making of these Regulations.
Jim Dowd
David Jamieson
Lords Commissioners of Her Majesty’s Treasury
9th September 1998


text:
1
The Fees appearing in the Schedule to this Order are established. The Tables of the Schedule contain particulars of the Annual Fees which are to be received, after the commencement of this Order, by the legal officers named in Table 1 of the Schedule (hereinafter referred to as “Table I”) in respect of the carrying out by them of the duties of their offices specified in the Appendix hereto (hereinafter referred to as “the Appendix”) and by the legal officers named in Table II of the Schedule in respect of the carrying out by them of the duties of their offices.
2
The Fees established and set out in the second column of Table I of the Schedule are to be paid by the diocesan board of finance. The Fees established and set out in the third column of Table I and in Table II of the Schedule are the liability of the diocesan bishop or archbishop, subject to the provisions of section 8 of the Ecclesiastical Fees Measure 1986.
3
The Legal Officers (Annual Fees) Order 1997 is hereby revoked.
4
The diocesan registrar shall perform the duties and provide the professional services set forth in the Appendix in consideration of the annual fee set out in Table I to this Order for his diocese and shall not be entitled to receive any other remuneration for such duties or services save as provided by this Order.
5
a
Subject to the provisions of this paragraph nothing in this Order shall preclude a diocesan board of finance from agreeing to pay an additional fee to a diocesan registrar by way of annual fee or retainer (hereinafter called a “supplementary annual fee”) which is in addition to the annual fee payable under Table I.
b
An agreement made under sub-paragraph (a) above shall be expressed to be an agreement for a payment by way of supplementary annual fee.
c
An agreement made under sub-paragraph (a) above shall be in writing. The period for which the agreement is to run shall be stated in the agreement. In the absence of any such statement the agreement shall remain binding until determined by not less than three months' notice on either side.
d
The body responsible for paying a supplementary annual fee shall be the diocesan board of finance.
6
A fee specified in the Schedule to this Order shall be increased by a sum for reasonable expenses of travel, subsistence and accommodation.
7
Where Value Added Tax is chargeable in respect of the provision of any service for which a fee is prescribed in this Order (including any fee specified in paragraph 4 of the Appendix) there shall be payable in addition to that fee the amount of the Value Added Tax.
8
This Order may be cited as the Legal Officers (Annual Fees) Order 1998 and shall come into operation on the first day of January 1999.
J Laws
M J Colman
C A McLintock
G F Tattersall
D J V Wright
Dated this 26th day of May 1998
Approved by the General Synod the
P J C Mawer
Secretary-General
6th day of July 1998


text:
Citation and commencement
1
This Order may be cited as the Dissolution of the Ashford Hospital National Health Service Trust and the St. Peter’s Hospital National Health Service Trust Order 1998 and shall come into force on 1st April 1998.
Dissolution of NHS trust
2
1
The Ashford Hospital National Health Service Trust established by the Ashford Hospitals National Health Service Trust (Establishment) Order 1991 is dissolved, and accordingly that Order is revoked.
2
The St. Peter’s Hospital National Health Service Trust established by the St. Peter’s Hospital National Health Service Trust (Establishment) Order 1991 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
17th March 1998


text:
Citation and commencement
1
This Order may be cited as the Housing (Right to Buy) (Limits on Discount) Order 1998 and shall come into force on 11th February 1999.
Interpretation
2
In this Order a reference to a numbered section is to the section of the Housing Act 1985 bearing that number.
Maximum discounts
3
1
In relation to a dwelling-house in a region specified in column 1 of the Schedule to this order, the sum specified in column 2 of that Schedule is the prescribed sum for the purposes of section 131(2) (maximum sum by which the price payable for a dwelling-house on a conveyance or grant under Part V of the Housing Act 1985 may be reduced by discount in accordance with section 129 ).
2
A region specified in column 1 of the Schedule is the region of that name specified in Schedule 1 to the Regional Development Agencies Act 1998 .
Period of account
4
The period of time for the purposes of section 131(1)(a) shall be ten years (instead of the period of eight years).
Application
5
This Order shall not have effect in a case where a notice under section 122(1) was served before this Order came into force and the Order mentioned in article 6 below shall continue to apply in that case.
Revocation
6
Subject to article 5, the Housing (Right to Buy) (Maximum Discount) Order 1989 is revoked so far as it relates to dwelling-houses in England .
Signed by the authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
3rd December 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) Order 1998 and shall come into force at 20.00 hours on 29th May 1998.
2
In this Order “mussels” means mytilus edulis , “scallops” means scallops of the class of pecten maximus and queen scallops of the class of chlamys opercularis , “cockles” means cerastoderma edule , “razor clams” means ensis s.p.p. and “relevant time” means 00.01 hours on 30th May 1998.
Designated circumstances
2
In the opinion of the Secretary of State, mussels, scallops, cockles and razor clams in the areas designated in article 3 below may be affected by the toxin which causes paralytic shellfish poisoning in human beings and are likely to create a hazard to human health if they are consumed.
Designated areas
3
The areas described in the Schedule to this Order are hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985.
Activity prohibited in the designated areas
4
No person shall fish for or take any mussels, scallops, cockles or razor clams in the designated areas.
Prohibited movement of mussels, scallops, cockles or razor clams
5
No person shall move any mussels, scallops, cockles or razor clams out of the designated areas.
Restrictions throughout the United Kingdom
6
No person shall in the United Kingdom or in United Kingdom waters —
a
use any mussels, scallops, cockles or razor clams taken out of the designated areas after the relevant time in the preparation or processing for supply of food and anything from which food could be derived,
b
land any mussels, scallops, cockles or razor clams which were in waters in the designated areas after the relevant time,
c
supply, or have in possession for supply, any mussels, scallops, cockles or razor clams which were in the designated areas after the relevant time,
d
supply, or have in possession for supply, any food or anything from which food could be derived in the preparation or processing of which anything was used in contravention of paragraph (a) of this article,
e
feed to any creature a feeding stuff in the preparation or processing of which anything was used in contravention of paragraph (a) of this article.
J R Wildgoose
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
29th May 1998


text:
1
This Order may be cited as the Harrogate College (Dissolution) Order 1998 and shall come into force on 1st August 1998.
2
On 1st August 1998 the corporation shall be dissolved and all of its property, rights and liabilities shall be transferred to Leeds Metropolitan University.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the corporation immediately before 1st August 1998 as if the references in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st August 1998;
c
to the transferor were to the corporation; and
d
to the corporation were to Leeds Metropolitan University.
Tessa Blackstone
Minister of State,
Department for Education and Employment
7th July 1998


text:
Citation and commencement
1
This Order may be cited as the Social Security (Reduced Rates of Class 1 Contributions, and Rebates) (Money Purchase Contracted-out Schemes) Order 1998 and shall come into force on 6th April 1999.
Reduced rates of Class 1 contributions, and rebates
2
For the purposes of section 42A of the Pension Schemes Act 1993 (reduced rates of Class 1 contributions, and rebates) —
a
the appropriate flat-rate percentage in respect of earners for the tax years 1999–2000 to 2001–2002, in the case of a primary Class 1 contribution is 1.6 per cent., and in the case of a secondary Class 1 contribution is 0.6 per cent.;
b
the appropriate age-related percentages in respect of earners for the tax years 1999–2000 to 2001–2002 are the percentages specified in the Table set out in the Schedule to this Order, by reference to the earners' ages on the last day of the preceding tax year.
Amendment of previous Order
3
In the Social Security (Reduced Rates of Class 1 Contributions and Rebates) (Money Purchase Contracted-out Schemes) Order 1996 —
a
in article 2, for the words “to 2001–02” (in both places where they occur) there shall be substituted the words “and 1998–99”; and
b
in the Table in the Schedule, the columns relating to the tax years 1999–2000, 2000–2001 and 2001–2002 shall be omitted.
Signed by authority of the Secretary of State for Social Security.
John Y. Denham
Parliamentary Under-Secretary of State,
Department of Social Security
1st April 1998


text:
1
The A65 Trunk Road (Denton Bridge to Black Bull Farm) (Detrunking) Order 1993 is hereby revoked.
2
This Order may be cited as the A65 Trunk Road (Denton Bridge to Black Bull Farm) (Detrunking) Order 1993 (Revocation) Order 1998 and shall come into force on 27th May 1998.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Derek Oddy
Divisional Director, Highways Agency
29th April 1998


text:
1
This Order may be cited as the National Heritage Act 1997 (Commencement) Order 1998.
2
The National Heritage Act 1997 shall come into force on 4 March 1998.
Chris Smith
Secretary of State for Culture, Media and Sport
16th February 1998


text:
1
1
This Order may be cited as the Prevention of Terrorism (Temporary Provisions) Act 1989 (Partial Continuance) Order 1998 and shall come into force on 22nd March 1998.
2
In this Order “the 1989 Act ” means the Prevention of Terrorism (Temporary Provisions) Act 1989.
2
The provisions of Parts I, III , IV and V and section 27(6)(c) of the 1989 Act, except the provisions of Parts III and V so far as they have effect in Northern Ireland and relate to proscribed organisations for the purposes of section 30 of the Northern Ireland (Emergency Provisions) Act 1996 or offences or orders under that section, shall continue in force for a period of twelve months beginning with 22nd March 1998.
3
The provisions of Part II of the 1989 Act shall cease to be in force on 22nd March 1998.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office.
15th March 1998


text:
1
This Order may be cited as the Public Telecommunication System Designation (NETs Limited) Order 1998 and shall come into force on 7th January 1999.
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
3rd December 1998


text:
1
This Order may be cited as the A4 Trunk Road (Concorde Roundabout, Hillingdon) (Prohibitions on the Northern Carriageway) Order 1998, and shall come into force on 19th October 1998.
2
In this Order:
“Concorde Roundabout” means the junction at the Southern terminal of the M4 Heathrow Airport Spur Motorway in the London Borough of Hillingdon;
“1st prohibited period” means a period between 0400 hours and 1100 hours on Monday 19th October 1998 and thereafter between the same hours on each subsequent morning; and
“2nd prohibited period” means a period between 1600 hours and 2100 hours on Thursday 22nd October 1998 and thereafter between the same hours on each subsequent Thursday, Friday, Saturday and Sunday.
3
Save as provided in article 5 below, no person shall, during the 1st prohibited period or 2nd prohibited period, cause or permit any vehicle to enter into the north side circulatory carriageway of Concorde Roundabout.
4
Save as provided in article 5 below, no person shall cause or permit any vehicle to turn right from the north side circulatory carriageway of Concorde Roundabout.
5
The prohibitions specified in articles 3 and 4 above, shall apply only at such times and to such extent as shall be indicated by traffic signs and shall not apply to–
a
any vehicle being used for police, fire brigade or ambulance purposes,
b
anything done at the direction or with the permission of a constable in uniform or a traffic warden.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
A R Mellors
Area Manager, West London Highways Agency, London Network & Customer Services
12th October 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Investor Compensation Scheme Regulations 1998 and shall come into force on 26th September 1998.
2
In these Regulations:
“investment firm” has the same meaning as in article 1 of the European Parliament and Council directive 97/9/ EC of 3 March 1997 on investor compensation schemes.
“relevant scheme” means a scheme for the payment of compensation to investors who suffer loss as a result of the inability of a participant in the scheme to meet its obligations arising out of investors' claims.
Rights of the operators of relevant schemes in respect of investment firms
2
1
This regulation applies to compensation paid to a person (“the claimant”) by the operator of a relevant scheme set up pursuant to the conditions and arrangements mentioned in section 43(2) of the Financial Services Act 1986 in respect of any liability of an investment firm which is or was a participant in the scheme.
2
Where the operator of a relevant scheme pays compensation to which this regulation applies, the payment of compensation extinguishes the liability of that firm to the claimant to the extent of the compensation paid and confers on the operator a right of recovery against the firm which is otherwise identical to the claimant’s former rights in the claim or part thereof.
Amendment of the Building Societies Act 1986
3
For subsection (4) of section 27 of the Building Societies Act 1986 shall be substituted the following–
4
The Board may decline to make any payment under subsection (1) to a person who, in the opinion of the Board–
a
had any responsibility for, or may have profited directly or indirectly from, the circumstances giving rise to the institution’s financial difficulties; or
b
is entitled to receive a payment in respect of his protected investment under a scheme established under section 54 of the Financial Services Act 1986 or set up pursuant to the conditions and arrangements referred to in section 43(2) of that Act,
and where any payment as mentioned in paragraph (b) above has been received by a person, the Board shall decline to make a payment under subsection (1) to that person.
Amendment of the Banking Act 1987
4
For subsection (5) of section 58 of the Banking Act 1987 shall be substituted the following–
5
The Board may decline to make any payment under subsection (1) to a person who, in the opinion of the Board —
a
has any responsibility for, or may have profited directly or indirectly from, the circumstances giving rise to the institution’s financial difficulties; or
b
is entitled to receive a payment in respect of his protected deposit under a scheme established under section 54 of the Financial Services Act 1986 or set up pursuant to the conditions and arrangements referred to in section 43(2) of that Act,
and where any payment as mentioned in paragraph (b) above has been received by a person, the Board shall decline to make a payment under subsection (1) to that person.
Bob Ainsworth
Graham Allen
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd September 1998


text:
Citation and commencement
1
These Regulations may be cited as the Retirement Benefits Schemes (Restriction on Discretion to Approve) (Small Self-administered Schemes) (Amendment No. 2) Regulations 1998 and shall come into force on 19th June 1998.
Interpretation
2
In these Regulations “the principal Regulations ” means the Retirement Benefits Schemes (Restriction on Discretion to Approve) (Small Self-administered Schemes) Regulations 1991 and “regulation” means a regulation of the principal Regulations.
Amendments to the principal Regulations
3
In regulation 4(1)(c) after the words “purchase those assets” in the definition of “B” there shall be inserted “which are outstanding at that time”.
4
In regulation 7(2) after the words “purchase those assets” in the definition of “D” there shall be inserted “which are outstanding at that time”.
5
In regulation 7(3) after the words “purchase those assets” in the definition of “F” there shall be inserted “which are outstanding at that time”.
6
In regulation 9 after sub-paragraph (b)(ii) there shall be inserted —
iia
by virtue of section 3, 4 or 29 of the Pensions Act 1995 or Article 3, 4 or 29 of the Pensions (Northern Ireland) Order 1995 (prohibition, suspension or disqualification),
.
S C T Matheson
C W Corlett
Two of the Commissioners of Inland Revenue
27th May 1998


text:
Citation and commencement
1
These Regulations may be cited as the Carriage of Dangerous Goods (Amendment) Regulations 1998 and shall come into force on 30th December 1998.
Amendments to the Highly Flammable Liquids and Liquefied Petroleum Gases Regulations 1972
2
In regulation 7(7)(a) of the Highly Flammable Liquids and Liquefied Petroleum Gases Regulations 1972 , for the words “1st January 1999” there shall be substituted “1st July 2001”.
Amendments to the Dangerous Substances in Harbour Areas Regulations 1987
3
In regulation 24(a)(i) of the Dangerous Substances in Harbour Areas Regulations 1987 –
a
in paragraph (aa), for the words “1st January 1999” there shall be substituted “1st July 2001”, and
b
in paragraph (bb), for the words “31st December 1998” there shall be substituted “30th June 2001”.
Amendments to the Carriage of Dangerous Goods by Rail Regulations 1996
4
In the Carriage of Dangerous Goods by Rail Regulations 1996 –
a
in regulation 2(5) and (7), for the words “1st January 1999” there shall be substituted “1st July 2001”;
b
in regulation 9(1), for the words “31st December 1998” there shall be substituted “30th June 2001”; and
c
in the title to Schedule 1, for the words “1ST JANUARY 1999” there shall be substituted “1ST JULY 2001”.
Amendments to the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996
5
In the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996 –
a
in regulation 1, for the words “1st January 1999” there shall be substituted “1st July 2001”;
b
in regulation 3(4)(e), for the words “1st January 1999” there shall be substituted “1st July 2001”;
c
in regulation 21(10), for the words “1st January 1999” there shall be substituted “1st July 2001”; and
d
in Schedule 8–
i
in the title, for the words “1ST JANUARY 1999” there shall be substituted “1ST JULY 2001”,
ii
in paragraph 3(5), for the words “31st December 1998” there shall be substituted “30th June 2001”,
iii
in paragraph 4–
aa
in sub-paragraph (1), for the words “1st January 1999” there shall be substituted “1st July 2001”, and
bb
in sub-paragraph (2), for the words “1st January 1999” there shall be substituted “1st July 2001”, and
iv
in paragraph 5–
aa
in sub-paragraph (1), for the words “1st January 1999” there shall be substituted “1st July 2001”, and
bb
in sub-paragraph (2), for the words “1st January 1999” there shall be substituted “1st July 2001”.
Amendments to the Carriage of Dangerous Goods by Road Regulations 1996
6
In the Carriage of Dangerous Goods by Road Regulations 1996 –
a
in regulation 11(1)–
i
in sub-paragraph (a), for the words “1st January 1999” there shall be substituted “1st July 2001”, and
ii
in sub-paragraph (b), for the words “31st December 1998” there shall be substituted “30th June 2001”;
b
in the title to Schedule 3, for the words “1 JANUARY 1999” there shall be substituted “1ST JULY 2001”; and
c
in paragraph 11 of Schedule 10, for the words “1 January 1999” there shall be substituted “1st July 2001”.
Signed by authority of the Secretary of State.
Larry Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
21st November 1998


text:
1
1
This Order may be cited as the Parliamentary Constituencies (England) (Miscellaneous Changes) Order 1998.
2
In this Order “the 1995 Order ” means the Parliamentary Constituencies (England) Order 1995 .
3
Subject to section 4(6) of the Parliamentary Constituencies Act 1986, this Order shall come into force on the fourteenth day after the day on which it is made.
2
For the constituencies of Carshalton and Wallington, Croydon North, Epsom and Ewell, Esher and Walton, Kingston and Surbiton, Mitcham and Morden, Mole Valley and Sutton and Cheam, as constituted by the Schedule to the 1995 Order (and described by reference to local government areas as they existed on 1st June 1994), there shall be substituted the constituencies which–
a
are named in the left-hand column of Part I of the Schedule to this Order;
b
are designated in that column as either borough or county constituencies; and
c
comprise the areas set out in the right-hand column of that Part (which are local government areas as they existed on 1st April 1995).
3
For the constituencies of Beaconsfield, Runnymede and Weybridge, Spelthorne and Windsor, as constituted by the Schedule to the 1995 Order (and described by reference to local government areas as they existed on 1st June 1994), there shall be substituted the constituencies which–
a
are named in the left-hand column of Part II of the Schedule to this Order;
b
are designated in that column as either borough or county constituencies; and
c
comprise the areas set out in the right-hand column of that Part (which are local government areas as they existed on 1st April 1997).
4
For the constituencies of Ealing, Acton and Shepherd’s Bush, Hammersmith and Fulham, Kensington and Chelsea and Regent’s Park and Kensington North, as constituted by the Schedule to the 1995 Order (and described by reference to local government areas as they existed on 1st June 1994), there shall be substituted the constituencies which–
a
are named in the left-hand column of Part III of the Schedule to this Order;
b
are designated in that column as borough constituencies; and
c
comprise the areas set out in the right-hand column of that Part (which are local government areas as they existed on 1st April 1996).
5
Each electoral registration officer for the constituencies referred to in this Order shall make such re-arrangement or adaptation of the registers of parliamentary electors as may be necessary to give effect to this Order.
A.K.Galloway
Clerk of the Privy Council


text:
1
This Order may be cited as the Public Telecommunication System Designation (EGN BV) Order 1998 and shall come into force on 7th January 1999.
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
3rd December 1998


text:
PART I
General
Citation, commencement and application
1
1
These Regulations may be cited as the Education (School Performance Information) (England) Regulations 1998 and shall come into force on 27th August 1998.
2
These Regulations apply in relation to schools in England.
Interpretation
2
1
In these Regulations, except where the context otherwise requires —
“the 1996 Act ” means the Education Act 1996;
“assessment” in relation to a maintained school means assessment pursuant to orders made under section 356 of the 1996 Act and “level” shall be construed in accordance with the provisions of such orders and in relation to a CTC means assessment pursuant to an agreement with the Secretary of State made under section 482 of the 1996 Act;
“assessment term” means the term in which assessment is completed;
“attainment targets” has the meaning given by section 353 of the 1996 Act;
“authority”, in relation to a school maintained by a local education authority, means that authority and, in relation to a grant-maintained or grant-maintained special school, a non-maintained special school or an independent school, means the local education authority in whose area the school is situated;
“CTC” means city technology college and city college for the technology of the arts;
“core subject” means any of the following subjects, English, mathematics or science;
“ GCE ‘A’ level examinations” and “ GCE ‘AS’ examinations” mean General Certificate of Education advanced level examinations and General Certificate of Education advanced supplementary examinations respectively;
“ GCSE ” means General Certificate of Education;
“ GNVQ ” means a General National Vocational Qualification;
“maintained school” means —
any county or voluntary school;
any special school maintained by an authority which is not established in a hospital;
any grant-maintained school or grant-maintained special school which is not established in a hospital,
but excludes any nursery school;
“middle deemed secondary school” means a middle school deemed to be a secondary school by virtue of the Education (Middle Schools) Regulations 1980 ;
“ NC tests” means National Curriculum tests administered to pupils for the purpose of assessing the level of attainment which they have achieved in any core subject being tests laid down in provisions made by the Secretary of State under the appropriate order made under section 356 of the 1996 Act in force when those tests were administered ;
“non-maintained special school” means a special school which is neither maintained by an authority nor a grant-maintained special school;
“public examination” means a public examination which is for the time being prescribed by regulations made under section 453 of the 1996 Act ;
“reporting school year” means the school year immediately preceding the school year in which information provided to the Secretary of State under these Regulations is to be published by him or, as the case may be, local education authorities;
“special educational needs” has the meaning given by section 312(1) of the 1996 Act;
“special school” has the meaning given by section 337 of the 1996 Act;
“unauthorised absence” means an occasion on which a pupil is recorded as absent without authority pursuant to the Education (Pupils Registration Regulations) 1995 and “authorised absence” shall be construed accordingly; and
“unit”, in relation to a vocational qualification, means a module or part of a course leading to that qualification which, when successfully completed, can be counted together with other modules or parts towards obtaining that qualification.
2
In these Regulations, except where the context otherwise requires —
a
references to pupils of a particular age are to pupils who attained that age during the period of twelve months ending on the 31st August immediately preceding the commencement of the reporting school year and who were registered pupils at the school on the third Thursday in January in the reporting school year;
b
references to examinations for which pupils at the school were entered include examinations for which they were entered otherwise than in pursuance of section 402 of the 1996 Act;
c
references to key stages are references to the periods set out in section 355(1) of the 1996 Act; and
d
references to a school maintained by an authority or to a grant-maintained special school do not include such a school which is established in a hospital.
3
Particulars to which these Regulations apply may be made available in the form of data from which the particulars are capable of being extracted by computer.
4
For the purposes of these Regulations any examination for the GCSE for which a pupil aged 15 was entered during a previous school year shall be treated as such an examination for which the pupil was entered during the reporting school year.
5
Information relating to authorised or unauthorised absences shall not include any information relating to any period after the Friday before the last Monday in May in the reporting school year.
6
In calculating the number of GCE ‘A’ level examinations for which a pupil was entered, a GCE ‘AS’ examination shall be treated as the equivalent of half a GCE ‘A’ level examination.
7
In these Regulations, unless the context otherwise requires, any reference to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in these Regulations and any reference in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number.
Qualification of duties
3
The duties imposed on governing bodies, authorities and proprietors by virtue of these Regulations in respect of the making available, provision or publication of information apply only to the extent that that information is available to the governing body, authority or proprietor in time for it to be reasonably practicable to make available, provide or publish the information before the latest occasion on which the information is required to be made available, provided or published, as the case may be.
Revocations and savings
4
1
Subject to paragraph (2), the Education (School Performance Information) (England) Regulations 1996 , the Education (School Performance Information) (England) (Amend ment) Regulations 1997 , the Education (School Performance Information) (England) (Amendment) ( No. 2) Regulations 1997 and the Education (School Performance Information) (England) (Amendment) (No. 3) Regulations 1997 are hereby revoked.
2
The revocation of the Education (School Performance Information) (England) Regulations 1996 shall not relieve any person of any duty under those Regulations to make available, provide or publish information which has not been performed before the date that these Regulations come into force.
PART II
PROVISION OF INFORMATION BY HEAD TEACHER
Provision of information by head teacher to governing body
5
The head teacher of every maintained school shall each year make available to the governing body information about the matters mentioned in Schedules 1, 2 and 3, for the purpose of enabling the governing body to comply with their obligations under these Regulations in respect of those matters.
PART III
PROVISION OF INFORMATION TO THE SECRETARY OF STATE
Provision of assessment results to the Secretary of State
6
1
The governing body of every school maintained by an authority which, in the assessment term of the reporting school year, has registered pupils who are at or near the end of the final year of the first key stage, shall each year, by the end of that term, provide to the authority the information relating to assessment referred to in Part I of Schedule 1.
2
Every authority which, pursuant to paragraph (1), receives information from schools which it maintains shall, on or before the next following 31st July, provide to the Secretary of State that information for each such school.
3
The governing body of every grant-maintained or grant-maintained special school which, in the assessment term of the reporting school year, has registered pupils who are at or near the end of the final year of the first key stage, shall each year, on or before 15th July, provide to the Secretary of State the information relating to assessment referred to in Part I of Schedule 1.
4
The governing body of every maintained school which, in the assessment term of the reporting school year, has registered pupils who are at or near the end of the final year of the second key stage, shall, each year, on or before 11th July, provide to the Secretary of State the information relating to assessment referred to in Part II of Schedule 1.
5
The governing body of every maintained school and the proprietor of every CTC which, in the assessment term of the reporting school year, has registered pupils who are at or near the end of the final year of the third key stage, or in the case of a CTC has registered pupils aged 14, shall each year, on or before 11th July, provide to the Secretary of State the information relating to assessment referred to in Part III of Schedule 1.
Additional provision of information about second key stage assessment results to the Secretary of State
7
The governing body of every county, voluntary and grant-maintained primary or middle deemed secondary school shall, within two weeks of receiving a written request from the Secretary of State, provide him with the information about the school for the reporting school year referred to in Schedule 2.
Provision of results of school examinations and of courses leading towards vocational qualifications to the Secretary of State
8
The governing body of every maintained school and the proprietor of every non-maintained special school or independent school with pupils aged 15, 16, 17 or 18 shall, within two weeks of receiving a written request from the Secretary of State, make available to him such particulars relating to public examinations and courses leading to vocational qualifications or units for which registered pupils at the school were entered, and such other information as are referred to —
a
in the case of a school providing information in respect of pupils aged 15, in Part I of Schedule 3;
b
in the case of a school providing information in respect of pupils aged 16, 17 or 18, in Part II of Schedule 3.
Provision of information about authorised and unauthorised absence to the Secretary of State
9
1
Subject to paragraph (3), the governing body of every school maintained by an authority shall make available to that authority information for the reporting school year about the matters referred to in Schedule 4, for the purpose of enabling the authority to comply with its obligations under paragraph (2).
2
Subject to paragraph (3), every authority, in respect of each school which it maintains, the governing body of every grant-maintained and grant-maintained special school and the proprietor of every independent school and non-maintained special school shall, within two weeks of receiving a written request from the Secretary of State, provide him with information for the reporting school year about the matters referred to in Schedule 4.
3
This regulation does not apply in respect of a school providing education for boarding pupils only.
Provision of general information about secondary schools to the Secretary of State
10
The governing body of every maintained secondary school, (except a middle deemed secondary school) and the proprietor of every independent and non-maintained special school with pupils aged 15 shall, within two weeks of receiving a written request from the Secretary of State, provide him with the general information about the school for the reporting school year referred to in Schedule 5.
Provision of general information about primary schools to the Secretary of State
11
The governing body of every county, voluntary and grant-maintained primary or middle deemed secondary school shall, within two weeks of receiving a written request from the Secretary of State, provide him with the general information about the school for the reporting school year referred to in Schedule 6.
PART IV
PUBLICATION OF INFORMATION
Publication of performance information about primary schools by local education authorities
12
1
Each authority shall publish the information about schools in its area referred to in paragraphs (2) and (3), together with the supplementary information referred to in paragraph (4), in the form and manner referred to, respectively, in paragraphs (5) and (6).
2
The information to be published is information for the reporting school year provided to the Secretary of State under these Regulations consisting of, in respect of each county, voluntary and grant-maintained primary or middle deemed secondary school (existing after 1st January 1999) in the area of the authority which has registered pupils at or near the end of the final year of the second key stage, the following —
a
the number of registered pupils at or near the end of the final year of the second key stage; and
b
in the case of each such school which has eleven or more registered pupils at or near the end of the final year of the second key stage —
i
the percentage of such pupils who, in respect of each core subject, achieved level 4 or above of the National Curriculum level scale as determined by NC tests and by teacher assessment;
ii
the percentage of such pupils who, in respect of each core subject, failed to achieve a level on the National Curriculum level scale because they were exempted from an NC test under section 364 or 365 of the 1996 Act or were absent on the day that the test was administered; and
iii
the percentage of such pupils who, in respect of each core subject, failed to achieve a level on the National Curriculum level scale because they were exempted from teacher assessment under section 364 or 365 of the 1996 Act or there is no teacher assessment result available because of their absence.
3
The information to be published is the information for the reporting school year referred to in Schedule 6 and provided to the Secretary of State under these Regulations by the governing body of every county, voluntary and grant-maintained primary or middle deemed secondary school.
4
The supplementary information to be published consists of the following —
a
information calculated by the Secretary of State giving the average percentage of pupils at or near the end of the final year of the second key stage in the reporting school year at, respectively, —
i
all maintained schools providing primary education in the area of the authority, and
ii
all maintained schools providing primary education in England
who, in respect of each core subject, achieved level 4 or above of the National Curriculum level scale as determined by the results of NC tests and by teacher assessment;
b
whether, in respect of each county, voluntary and grant-maintained primary or middle deemed secondary school in the area of the authority —
i
the school is the holder of a Charter Mark awarded by the Citizen’s Charter Unit ;
ii
no information, or only some information, under paragraph (2) is published pursuant to paragraph (1) for the school because the governing body of the school failed to provide the information concerned to the Secretary of State;
iii
no information under paragraph (2) is published pursuant to paragraph (1) for the school because the governing body of the school were unable to provide the information to the Secretary of State for reasons beyond their control;
iv
no information under paragraph (2) is published pursuant to paragraph (1) for the school because the school had 10 or fewer registered pupils at or near the end of the final year of the second key stage in the reporting school year;
v
the governing body of the school failed to confirm to the Secretary of State that they have checked the information referred to in paragraph (2); or
vi
the governing body of the school failed to confirm to the Secretary of State that they have checked the information referred to in Schedule 6.
5
The information referred to in paragraphs (2) to (4) shall be published in the form specified in Schedule 7, or a form to like effect, provided that the information referred to in paragraph (4)(a) shall be included on every printed page so published.
6
a
The information referred to in paragraphs (2) to (4) shall be published in the following manner; and
b
The information shall be published without charge before 24th January in each year by —
i
providing three copies of a document and a computer disk containing the information to the Secretary of State;
ii
providing copies of the document containing the information to the governing body of every maintained school and the proprietor of every CTC in the area of the authority;
iii
providing a copy of the document containing the information to any person providing nursery education, other than at a school, in the area of the authority;
iv
making available copies of the document containing the information at each public library in the area of the authority; and
v
making available copies of the document or a computer disk containing the information to the editor of any newspaper circulating in the area of the authority who requests such copies or disk.
Tessa Blackstone
Minister of State,
Department for Education and Employment
6th August 1998


text:
1
This Order may be cited as the Crime and Disorder Act 1998 (Commencement No. 1) Order 1998.
2
The following provisions of the Crime and Disorder Act 1998 shall come into force on the day after the day on which this Order is made:
a
section 41, for the purpose of making appointments under that section and under paragraph 1 of Schedule 2;
b
section 49, for the purpose of making rules which make such provision as is mentioned in subsection (2) of that section;
c
section 114;
d
sections 116 and 117; and
e
paragraphs 1 and 2 of Schedule 2, for the purpose of making appointments under section 41 and paragraph 1 of that Schedule.
3
Section 84 of, and paragraph 9 of Schedule 9 to, the Crime and Disorder Act 1998 shall come into force on the seventh day after the day on which this Order is made.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
31st July 1998