text:
PART I
PRELIMINARY
Citation and commencement
1
1
This Order may be cited as the Scrabster (Forward Supply Base) Harbour Revision Order 1998 and shall come into force on 1st June 1998.
2
The Scrabster Harbour Acts and Orders 1841 to 1993 and this Order may be cited together as the Scrabster Harbour Acts and Orders 1841 to 1998.
Interpretation
2
1
In this Order–
“Act of 1841 ” means the Act passed in the fourth and fifth years of the reign of Her Late Majesty Queen Victoria intituled “An Act for making and maintaining a Harbour at Scrabster Roads in the Bay of Thurso and County of Caithness, and Road thereto”;
“area of works” means the area within the limits of deviation or any part of that area;
“deposited plan and sections” means the plan and sections prepared in duplicate and signed on behalf of the Secretary of State and marked “Plan and sections referred to in the Scrabster (Forward Supply Base) Harbour Revision Order 1998” of which one is deposited at the offices of the Secretary of State for Scotland and the other at the harbour office of the Trust;
“enactment” means any Act, whether general, local or personal and any order (including this Order) or other instrument made thereunder and any provision in any such Act, order or instrument;
“harbour” means the harbour of Scrabster as authorised by the Act of 1841, the Scrabster Harbour Order 1897 and the Scrabster Harbour Order 1989 together with the lands, buildings, works, plant, property and conveniences connected therewith or any part thereof as the case may be;
“harbour undertaking” means the undertaking of the Trustees in connection with the harbour;
“level of high water” means the level of mean high-water springs;
“level of low water” means the level of mean low-water springs;
“limits of deviation” means the limits of deviation shown on the deposited plan and sections;
“tidal work” means so much of any work authorised by this Order as is on, under or over tidal waters or tidal lands below the level of high water;
“Trust” means Scrabster Harbour Trust;
“Trustees” means the Trustees for the time being of the Trust;
“works” means the works authorised by article 3 (power to carry out works) of this Order or, as the case may require, any part thereof.
2
All areas, directions, distances, lengths and widths as stated in any description of works, powers or lands other than article 4 (Power to deviate) of this Order shall be construed as if the words “or thereabouts” were inserted after each such area, direction, distance, length and width and any reference in a description of works to a point shall be a reference to that point on the deposited plan.
3
Any reference in this Order to a work identified by the number of such work shall be construed as a reference to the work of that number authorised by this Order.
PART II
WORKS
Power to carry out works
3
1
Subject to the provisions of this Order, the Trust may, in the situations and lines and within the limits of deviation and according to the levels shown on the deposited plan and sections, carry out and maintain the following works in the parish of Thurso, county of Caithness, Highland, and on the foreshore and bed of the sea adjacent thereto together with all necessary and proper works and conveniences connected therewith or incidental thereto: —
Work No 1: A quay of solid construction commencing at a point above the level of high water 85 metres east of the existing Terminal Quay and 52 metres south of the existing shoreline at ND 310415 970472 and extending east-northeast for a distance of 400 metres termin ating at a point ND 310777 970636, and the construc tion over part thereof of necessary buildings with a reclamation of the seabed by infilling, levelling and surfacing.
Work No 2: An extension of the existing Terminal Quay as a solid structure commencing at a point on the foreshore above the level of high water 42 metres east of the existing Terminal Quay at ND 310355 970508 and extending south-southeast for a distance of 325 metres terminating at a point at ND 310482 970207, and the construction over part thereof of necessary buildings with a reclamation of the seabed by infilling, levelling and surfacing.
Work No 3: A breakwater quay commencing at a point 29 metres south of the centre line of Work No 1 and 50 metres west of the termination point of the said Work No 1 at a point at ND 310741 970591 extending 153 metres south-southeast and then a further 116 metres south-southwest to terminate at a point at ND 310794 970348, of solid construction bedded on filling placed on the seabed.
Work No 4: A breakwater quay of solid construction commencing from a point 23 metres north of the south end of the existing berthing jetty at ND 310452 970185 and extending 198 metres east-northeast then a further 120 metres north-northeast to terminate at a point ND 310655 970347 together with a reclamation of the seabed by infilling, levelling and surfacing.
Work No 5: Dredging of an area of seabed commencing from the east side of Work No 2 at a point ND 310463 970341 and extending 115 metres east-northeast to terminate at a point ND 310575 970384.
Work No 6: An extension of the existing Harbour Quay as a solid structure commencing at the east face of the existing Outer Quay at a point ND 310089 970361 and extending 120 metres east-northeast to terminate at the west face of the existing Ola Quay at a point ND 310202 970405, with a reclamation of the seabed by infilling, levelling and surfacing.
2
The Trust may, within the limits of deviation, maintain, renew, reconstruct and alter temporarily or permanently the works.
Power to deviate
4
Subject to the provisions of this Order, in carrying out the works the Trust may deviate laterally from the lines or situations thereof as shown on the deposited plan to any extent not exceeding the limits of deviation and may deviate vertically from the levels of the works as shown on the deposited sections to any extent not exceeding 3 metres upwards and to such extent downwards as may be found necessary or convenient.
Subsidiary works
5
1
Subject to the provisions of this Order, the Trust may within the limits of deviation from time to time erect, construct, maintain and operate, whether temporarily or permanently, all such subsidiary or incidental works and conveniences as may be necessary or expedient for the purposes of or in connection with the construction, maintenance and use of the works.
2
The works shall be deemed for all purposes to be within the parish of Thurso, County of Caithness, Highland.
Power to dredge
6
1
Subject to the provisions of this Order, the Trust may from time to time deepen, dredge, scour, cleanse, alter and improve the harbour for the purpose of affording uninterrupted means of access to the harbour or any part of it or the accommodation of vessels thereat.
2
The Trust may use, appropriate or dispose of any material (other than any wreck within the meaning of Part IX of the Merchant Shipping Act 1995 ) from time to time dredged by them from the harbour.
3
Subject to the provisions of this Order no materials so dredged shall be deposited below the level of mean high water except in such places and in accordance with such conditions and restrictions as may be approved or prescribed by the Secretary of State.
Obstructing works
7
Any person who intentionally obstructs any person acting under the authority of the Trust in setting out the lines of or in constructing the authorised works, or who moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Works to be deemed part of harbour undertaking
8
The works shall be deemed for all purposes to be part of the harbour undertaking and all byelaws, rules and regulations of the Trust for the time being in force relating to the harbour undertaking shall apply to the works and may be enforced by the Trust accordingly.
Tidal works not to be executed without approval of Secretary of State
9
1
A tidal work shall not be demolished, constructed, renewed, reconstructed or altered except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun or while work is still in progress.
2
If a tidal work is demolished, constructed, renewed, reconstructed or altered in contravention of this article or of any condition or restriction imposed under this article–
a
the Secretary of State may by notice in writing require the Trust at its own expense to remove the tidal work or any part thereof and restore the site thereof to its former condition; and if on the expiration of 30 days from the date when the notice is served upon the Trust it has failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; or
b
if it appears to the Secretary of State urgently necessary to do so, he may himself remove the tidal work or part of it and restore the site to its former condition,
and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Trust.
Survey of tidal works
10
The Secretary of State may at any time if he deems it expedient order a survey and examination of a tidal work or of a site upon which it is proposed to construct the work and any expenditure incurred by him in such a survey and examination should be recoverable from the Trust.
Provision against danger to navigation
11
1
In case of injury to or destruction or decay of a tidal work or any part thereof, the Trust shall forthwith notify the Commissioners of Northern Lighthouses and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as the Commissioners of Northern Lighthouses shall from time to time direct.
2
If the Trust fails to comply in any respect with the provisions of this article, it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Abatement of works abandoned or decayed
12
1
Where a tidal work is abandoned or suffered to fall into decay the Secretary of State may by notice in writing require the Trust at its own expense either to repair and restore the work or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.
2
Where a work authorised by this Order and consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work or any portion thereof, in any notice under this article.
3
If, on the expiration of 30 days from the date when a notice under this article is served upon the Trust it has failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice and any expenditure incurred by him in so doing shall be recoverable from the Trust.
Lights on tidal works during construction
13
1
During the whole time of the demolition, construction, renewal, reconstruction or alteration of a tidal work the Trust shall at the outer extremity thereof every night from sunset to sunrise exhibit such lights, if any, and take such other steps for the prevention of danger to navigation as the Commissioners of Northern Lighthouses shall from time to time direct.
2
If the Trust fails to comply in any respect with a direction given under this article it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Permanent lights on works
14
1
After the completion of a tidal work the Trust shall at the outer extremity thereof every night from sunset to sunrise exhibit such lights, if any, and take such other steps for the prevention of danger to navigation as the Commissioners of Northern Lighthouses shall from time to time direct.
2
If the Trust fails to comply in any respect with a direction given under this article it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Period for completion of works
15
If the works are not completed within 10 years from the coming into force of this Order, the powers by this Order granted to the Trust for constructing the works shall cease except as to so much thereof as is then substantially commenced.
PART III
MISCELLANEOUS
Harbour limits
16
The limits within which the Trust shall exercise jurisdiction as a harbour authority and within which the power of the harbour authority and the power of the harbour master may be exercised shall be the area described in Schedule 1 to this Order.
Increase of borrowing powers
17
As from the commencement of this Order, section 41 of the Scrabster Harbour Order 1897 shall be read and have effect as if for the words “five million pounds” wherever the same shall appear there were substituted the words “one hundred million pounds”.
Power to repay debts
18
Subject to the provisions of any agreement between the Trust and the lender, the Trust may repay any sum lent to it prior to the due date for payment, whether or not demand has been made by the lender, provided that such repayment has been approved at a duly constituted meeting of the Trustees by not less than three-quarters of the Trustees present and voting at such meeting.
Amendments to Act of 1841
19
The provisions of the Act of 1841 specified in Schedule 2 to this Order shall have effect subject to the amendments set out in the said Schedule.
Power to acquire and dispose of businesses or shares
20
1
The Trust may, subject as hereinafter provided in this Article–
a
acquire by agreement–
i
any business or undertaking which consists wholly or mainly of the carrying out of harbour operations or so much of any business or undertaking as consists of the carrying out of such operations; or
ii
any business or undertaking which is wholly or mainly engaged in or which it is proposed should become wholly or mainly engaged in providing services or facilities which the Trust itself is authorised to provide;
b
subscribe for or acquire any shares, stock, debentures, debenture stock or any other security of a like nature of a body corporate which is wholly or mainly engaged, or which it is proposed should become wholly or mainly engaged in the provision, maintenance or operation of a harbour or in providing services or facilities which the Trust itself is authorised to provide;
c
form and promote, or join with any other person in forming and promoting, a company for carrying on any function of the Trust;
d
dispose of or discontinue the whole or any part of their undertaking acquired under this article and held for the purposes of the harbour undertaking; and
e
create security over any shares or other securities subscribed for or acquired under this article or dispose of any such shares or securities.
2
Except in cases which relate to the acquisition or the disposal or the creation of security over assets, or the payment of money representing less than 10% of the net assets of the Trust at the end of the previous accounting year as certified by the Auditors of the Trust the Trust shall not exercise any powers under this paragraph without the approval of the Trustees signified by a resolution to that effect.
3
No Trustee shall be directly or indirectly concerned in any company referred to in paragraph (1)(c) above or be surety for any such company–
Provided that no Trustee shall be regarded as interested in any such company solely by reason of: —
the Trust being so interested; or
being a Director of any such company, if he holds office as such Director as representative of the Trust and on terms approved by the Trust; or
being directly or indirectly concerned in any contract with any such company or being surety for any contractor with any such company provided that, prior to being so concerned or becoming such surety, he shall have disclosed to the Trust in writing the nature and extent of his interest.
4
Nothing in this article shall authorise a company formed under paragraph (1)(c) above to exercise any of the powers of the Trustees under–
a
the Harbours Act 1964; and
b
section XCIX (Power to make Bye Laws) of the Act of 1841.
Crown rights
21
1
Nothing in this Order shall affect prejudicially any estate, right, power, privilege, authority or exemption of the Crown, and in particular and without prejudice to the generality of the foregoing nothing herein contained shall authorise the Trust or any licensee of the Trust to take, use, enter upon or in any manner interfere with any land or interest in land (including any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary) or any rights of whatsoever description–
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Commissioners; or
b
belonging to a government department or held in trust for Her Majesty for the purposes of a government department without the consent in writing of that government department.
2
A consent under paragraph (1) above may be given unconditionally or subject to terms and conditions.
Sewel
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
11th May 1998


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Insurance Premium Tax (Amendment) Regulations 1998 and shall come into force on 11th February 1998.
2
After Part IV of the Insurance Premium Tax Regulations 1994 there shall be inserted the following —
PART IVA
REIMBURSEMENT ARRANGEMENTS
Interpretation of Part IVA
19A
In this Part —
“claim” means a claim made (irrespective of when it was made) under paragraph 8 of Schedule 7 to the Act for repayment of an amount paid to the Commissioners by way of tax which was not tax due to them; and “claimed” and “claimant” shall be construed accordingly;
“reimbursement arrangements” means any arrangements (whether made before, on or after 30th January 1998) for the purposes of a claim which —
are made by a claimant for the purpose of securing that he is not unjustly enriched by the repayment of any amount in pursuance of the claim; and
provide for the reimbursement of persons (consumers) who have, for practical purposes, borne the whole or any part of the cost of the original payment of that amount to the Commissioners;
“relevant amount” means that part (which may be the whole) of the amount of a claim which the claimant has reimbursed or intends to reimburse to consumers.
Reimbursement arrangements — general
19B
Without prejudice to regulation 19H below, for the purposes of paragraph 8(3) of Schedule 7 to the Act (defence by the Commissioners that repayment by them of an amount claimed would unjustly enrich the claimant) reimbursement arrangements made by a claimant shall be disregarded except where they —
a
include the provisions described in regulation 19C below; and
b
are supported by the undertakings described in regulation 19G below.
Reimbursement arrangements — provisions to be included
19C
The provisions referred to in regulation 19B(a) above are that —
a
reimbursement for which the arrangements provide will be completed by no later than 90 days after the repayment to which it relates;
b
no deduction will be made from the relevant amount by way of fee or charge (howsoever expressed or effected);
c
reimbursement will be made only in cash or by cheque;
d
any part of the relevant amount that is not reimbursed by the time mentioned in paragraph (a) above will be repaid by the claimant to the Commissioners;
e
any interest paid by the Commissioners on any relevant amount repaid by them will also be treated by the claimant in the same way as the relevant amount falls to be treated under paragraphs (a) and (b) above; and
f
the records described in regulation 19E below will be kept by the claimant and produced by him to the Commissioners, or to an officer of theirs in accordance with regulation 19F below.
Repayments to the Commissioners
19D
The claimant shall, without prior demand, make any repayment to the Commissioners that he is required to make by virtue of regulation 19C(d) and (e) above within 14 days of the expiration of the period of 90 days referred to in regulation 19C(a) above.
Records
19E
The claimant shall keep records of the following matters —
a
the names and addresses of those consumers whom he has reimbursed or whom he intends to reimburse;
b
the total amount reimbursed to each such consumer;
c
the amount of interest included in each total amount reimbursed to each consumer;
d
the date that each reimbursement is made.
Production of records
19F
1
Where a claimant is given notice in accordance with paragraph (2) below, he shall, in accordance with such notice produce to the Commissioners, or to an officer of theirs, the records that he is required to keep pursuant to regulation 19E above.
2
A notice given for the purposes of paragraph (1) above shall —
a
be in writing;
b
state the place and time at which, and the date on which the records are to be produced; and
c
be signed and dated by the Commissioners, or by an officer of theirs,
and may be given before or after, or both before and after the Commissioners have paid the relevant amount to the claimant.
Undertakings
19G
1
Without prejudice to regulation 19H(b) below, the undertakings referred to in regulation 19B(b) above shall be given to the Commissioners by the claimant no later than the time at which he makes the claim for which the reimbursement arrangements have been made.
2
The undertakings shall be in writing, shall be signed and dated by the claimant, and shall be to the effect that —
a
at the date of the undertakings he is able to identify the names and addresses of those consumers whom he has reimbursed or whom he intends to reimburse;
b
he will apply the whole of the relevant amount repaid to him, without any deduction by way of fee or charge or otherwise, to the reimbursement in cash or by cheque, of such consumers by no later than 90 days after his receipt of that amount (except insofar as he has already so reimbursed them);
c
he will apply any interest paid to him on the relevant amount repaid to him wholly to the reimbursement of such consumers by no later than 90 days after his receipt of that interest;
d
he will repay to the Commissioners without demand the whole or such part of the relevant amount repaid to him or of any interest paid to him as he fails to apply in accordance with the undertakings mentioned in sub-paragraphs (b) and (c) above;
e
he will keep the records described in regulation 19E above; and
f
he will comply with any notice given to him in accordance with regulation 19F above concerning the production of such records.
Reimbursement arrangements made before 11th February 1998
19H
Reimbursement arrangements made by a claimant before 11th February 1998 shall not be disregarded for the purposes of paragraph 8(3) of Schedule 7 to the Act if, not later than 11th March 1998 —
a
he includes in those arrangements (if they are not already included) the provisions described in regulation 19C above; and
b
gives the undertakings described in regulation 19G above.
.
Martin Brown
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
20th January 1998


text:
Citation and commencement
1
These Regulations may be cited as the Local Government Pension Scheme (Transitional Provisions etc.) (Amendment) Regulations 1998 and shall come into force on 24th September 1998 but shall have effect from 1st April 1998.
Amendment of the Local Government Pension Scheme (Transitional Provisions) Regulations 1997
2
The Local Government Pension Scheme (Transitional Provisions) Regulations 1997 (“the Transitional Regulations ”) shall be amended in accordance with regulations 3 to 6.
Membership before 1st April 1972
3
In regulation 8(1) —
a
delete “married”; and
b
in sub-paragraph (b) before “made a relevant election” insert “, being eligible to do so,”.
Women with membership before 6th April 1988
4
In regulation 9 —
a
in paragraph (4), after “C14 of the 1995 regulations” insert “or to give notice under paragraph 1 of Schedule F1 to those regulations” and after “make such an election” insert “or give such notice”; and
b
in paragraph (6)(a), after “cessation” insert “of the effect”.
Continuity of rights within regulation 12(1)
5
Delete paragraph (3) of regulation 15.
Former NHS scheme members
6
In regulation 23 —
a
in paragraph (1)(a) for “1 October 1994” substitute “1st August 1991”;
b
in paragraph (1)(c) at the end add “or in respect of whom an election or determination is made under paragraph (1A)”;
c
insert after paragraph (1) the following paragraphs —
1A
Subject to paragraph (1C), where a person who satisfies the provisions of paragraph (1)(a) and (b) has had a transfer value accepted by his fund authority before 28th March 1997, he may elect or, in the event of death, his appropriate administering authority may determine, that —
a
the transfer value in respect of him shall be treated as an interim payment, and
b
the provisions of paragraph (1) shall apply to him.
1B
An election shall be made by notice in writing to the appropriate administering authority given within the period of three months beginning with the day on which the member or former member receives notice from his appropriate administering authority of his entitlement so to elect.
1C
An election may be made by, or a determination made in respect of, a person who has ceased to hold a local government employment if he was entitled under regulations D5, D6, D7 or D9 of the 1995 regulations or regulations 25, 26, 27 or 31 of the 1997 regulations to the immediate payment of benefits upon such cessation.
;
d
in paragraph (4)(a), delete “(a)” after “10(3)” ;
e
in paragraph (5), delete “but for no other purpose”.
Amendment of the Local Government Pension Scheme Regulations 1995
7
For regulation F11(3) of the Local Government Pension Scheme Regulations 1995 substitute —
3
Where this regulation applies, it overrides any provision in these regulations, the 1997 regulations or the Transitional Regulations, to the extent to which that provision conflicts with this regulation, except that it does not override —
a
regulation H4 of these regulations, regulation 111 of the 1997 regulations or regulation 114 of the 1997 regulations (so far as it relates to regulation 111);
b
regulation H5 of these regulations or regulation 49 of the 1997 regulations.
.
2
Paragraph 23 of Schedule 3 to the Transitional Regulations is revoked.
Amendment of the Local Government Pension Scheme Regulations 1997
8
In regulation 122A of the Local Government Pension Scheme Regulations 1997 —
a
in paragraph (4), for sub-paragraph (a) substitute —
a
of the amount that would be necessary (as at the date on which the request for the calculation of the restitution amount is received by the appropriate administering authority) to purchase a period of membership for these regulations equal to the length of the personal pension period on the basis of a transfer from a scheme which is not a club scheme (including the value of rights under the Pensions (Increase) Act 1971 and the Pensions (Increase) Act 1974)
;
b
in paragraph (4)(c), delete “on a daily basis”;
c
in paragraph (5), for “value” substitute “amount”; and
d
add the following new paragraphs —
7
Where a transfer value has been accepted in relation to a woman to whom this regulation applies and in respect of whom a transfer value had been paid previously by an administering authority to a personal pension scheme any part of which transfer value was attributable to membership before 5th April 1988, then the credited period shall be apportioned as membership before 6th April 1988 and as membership after 5th April 1988 in the same proportions as it would have been had the woman become or remained a member of the Scheme throughout the personal pension period.
8
If in the opinion of the appropriate administering authority the transfer value does not satisfy the conditions specified in paragraph (2) for the reason only that it is less than the restitution amount, the appropriate administering authority may accept the transfer value on the basis that the credited period which the member may count is such proportion of the personal pension period as the appropriate administering authority determine.
.
Right to opt out
9
1
Where —
a
apart from this regulation, the amendments made by these Regulations would place any relevant beneficiary in a worse position than he would otherwise be in, and
b
that relevant beneficiary so elects by notice in writing given to the appropriate administering authority within the period of six months beginning with the date on which these Regulations come into force,
then the regulations amended by these Regulations shall have effect in relation to him as if those amendments had never been made.
2
For the purposes of paragraph (1), a relevant beneficiary is a person to whom any benefit is or may become payable being a benefit payable to or in respect of a person who
a
ceased to hold an employment in respect of which he was a member (whether or not he had subsequently recommenced any such employment), or
b
died while in such employment,
before the date on which these Regulations come into force.
Signed by authority of the Secretary of State
Nick Raynsford
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
27th August 1998


text:
1
This Scheme may be cited as the M6 Motorway (Sarendon and Packington Diversions) Scheme 1998 and shall come into force on 12th February 1998.
2
In this Scheme —
a
“the special roads” means the two special roads which the Secretary of State is authorised to provide by article 3 below;
b
“the plan” means the plan folio numbered HA 16/PS/20 containing 2 site plans bound together and respectively lettered A and B, marked “the M6 Motorway (Sarendon and Packington Diversions) Scheme 1998”, signed by authority of the Secretary of State for the Environment, Transport and the Regions and deposited at the Highways Agency, Project Services, Room 12/27, St. Christopher House, Southwark Street, London SE1 0TE; and
c
a reference to a site plan followed by the letter A or B is a reference to the site plan forming part of the plan and marked with that letter.
3
The Secretary of State is authorised to provide two special roads for the exclusive use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980, along the following routes:
a
at Sarendon in the County of Staffordshire from a point on the M6 Motorway about 1570 metres north of the centre point of the junction of the M6 Motorway and the A460 and A462 Principal Roads (M6 Junction 11 — Laney Green) proceeding generally southwards to a point about 400 metres north of that Junction, a distance of about 1250 metres (this route being shown on the site plan A); and
b
at Packington in the County of Warwickshire from a point on the M6 Motorway about 1300 metres east of the centre point of the junction of the M6 Motorway and the A446 Trunk Road (M6 Junction 4 — Coleshill) proceeding generally eastwards to a point about 2430 metres east of that junction, a distance of about 1160 metres (this route being shown on site plan B).
4
The centre line of each of the special roads is indicated by heavy black line on the plan.
5
The new special roads shall become trunk roads on the date when this Scheme comes into force.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Derek Oddy
Divisional Director Highways Agency
22nd January 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of South Lakeland (Electoral Changes) Order 1998.
2
This Order shall come into force for the purposes of articles 2, 3 and 6 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 the day on which it is made.
3
For the purposes of article 4 this Order shall come into force on 2nd May 2002, except that for the purpose of all proceedings preliminary or relating to an election of a parish councillor of the parish of Kendal to be held on or after that date this Order shall come into force on 10th October 2001.
4
For the purposes of article 5 this Order shall come into force on 4th May 2000, except that for the purposes of all proceedings preliminary or relating to an election of a parish councillor of the parish of Ulverston to be held on or after that date this Order shall come into force on 10th October 1999.
5
For the purposes of article 7 this Order shall come into force on 1st May 2003, except that for the purpose of all proceedings preliminary or relating to an election of a parish councillor of the parish of Pennington to be held on or after that date this Order shall come into force on 10th October 2002.
6
In this Order–
“the district” means the district of South Lakeland;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to “the map” is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the District of South Lakeland (Electoral Changes) Order 1998”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of South Lakeland
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into forty-seven 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.
Elections of the council of South Lakeland
3
1
Subject to the following provisions of this article, the election of councillors for wards of the district shall be by thirds.
2
Elections of all councillors for wards of the district shall be held simultaneously on the ordinary day of election of councillors in 1999 .
3
The councillors holding office for any ward in the district immediately before 10th May 1999 shall retire on that date and the newly elected councillors for any such ward shall come into office on that date.
4
The order of retirement of councillors shall be as set out in Schedule 2.
5
Where the number of councillors elected in 1999 for any ward of the district is two, the first to retire shall, subject to paragraphs (6) and (7) below, be the councillor elected by the smaller number of votes.
6
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any such year, the person to retire in that year shall be determined by lot.
7
If an election of councillors for any ward is not contested, the person to retire in each such year shall be determined by lot.
8
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
9
Except as otherwise provided in the foregoing paragraphs of this article, the term of office of councillors shall be four years and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly elected councillors shall come into office on the day on which their predecessors retire.
Wards of the parish of Kendal
4
1
The existing wards of the parish of Kendal shall be abolished.
2
The parish shall be divided into fourteen parish wards which shall bear the following names–
Kendal Castle
Kendal Far Cross
Kendal Fell
Kendal Glebelands
Kendal Heron Hill
Kendal Highgate
Kendal Kirkland
Kendal Mintsfeet
Kendal Nether
Kendal Oxenholme
Kendal Parks
Kendal Stonecross
Kendal Strickland
Kendal Underley
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 two.
Wards of the parish of Ulverston
5
1
The existing wards of the parish of Ulverston shall be abolished.
2
The parish shall be divided into six parish wards which shall bear the names Ulverston Central, Ulverston East, Ulverston North, Ulverston South, Ulverston Town and Ulverston 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 Windermere
6
1
The existing wards of the parish of Windermere shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Windermere Applethwaite, Windermere Bowness North, Windermere Bowness South and Windermere Town 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 five.
Wards of the parish of Pennington
7
1
The existing wards of the parish of Pennington shall be abolished.
2
The parish 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 district ward specified in respect of the parish ward in column (2) of that Schedule.
Parish elections
8
1
The ordinary elections of parish councillors for the parishes of Broughton East, Coniston, Crook, Natland, Skelwith, Stainton and Torver in 1999 shall not take place; and any such parish councillor holding office immediately before 10th May 1999 who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until 8th May 2000.
2
Elections of all parish councillors for the parishes of Egton with Newland, Lower Holker, Lowick, Mansriggs, Osmotherley and Underbarrow and Bradleyfield shall be held simultaneously on the ordinary day of election of councillors in 1999 and every fourth year after 1999.
3
Elections of all parish councillors for the parishes of Blawith and Subberthwaite, Burton-in-Kendal, Cartmel Fell, Claife, Colton, Crosthwaite and Lyth, Haverthwaite, Hawkshead, Helsington, Heversham, Holme, Hugill, Levens, Meathop and Ulpha, Milnthorpe, Nether Staveley, Over Staveley, Satterthwaite, Sedgwick, Staveley-in-Cartmel, Ulverston, Upper Allithwaite and Witherslack shall be held simultaneously on the ordinary day of election of councillors in 2000 and every fourth year after 2000.
4
Elections of all parish councillors for the parishes of Dent, Garsdale, Kendal, Lakes and Sedbergh shall be held simultaneously on the ordinary day of election of councillors in 2002 and every fourth year after 2002.
5
The ordinary elections of all parish councillors for the parishes of Pennington, Scalthwaiterigg and Skelsmergh in 2002 shall not take place; and any such parish councillor holding office immediately before 2nd May 2002 who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until 5th May 2003.
6
Except as otherwise provided in the foregoing paragraphs of this article, the term of office of parish councillors shall be four years and all parish councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly elected parish councillors shall come into office on the day on which their predecessors retire.
7
Rule 8 of the Local Elections (Parishes and Communities) Rules 1986 (filling of casual vacancies) shall have effect–
a
in the case of a casual vacancy occurring before 8th May 2000 in the office of a parish councillor for the parishes of Broughton East, Coniston, Crook, Natland, Skelwith, Stainton and Torver as if the references in paragraphs (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to 8th May 2000; and
b
in the case of a casual vacancy occurring before 5th May 2003 in the office of a parish councillor for the parishes of Pennington, Scalthwaiterigg and Skelsmergh as if the references in paragraphs (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to 5th May 2003.
Revocation
9
The District of South Lakeland (Electoral Arrangements) Order 1978 is hereby revoked.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
16th October 1998


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Special Parking Areas) (The London Borough of Wandsworth) (Amendment) Order 1998 and shall come into force on 6th April 1998.
Amendment of the Road Traffic (Special Parking Areas) (The London Borough of Wandsworth) Order 1993
2
The amendments to the Schedule to the Road Traffic (Special Parking Areas) (The London Borough of Wandsworth) Order 1993 set out in the Schedule to this Order shall have effect.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Glenda Jackson
Parliamentary Under-Secretary of State,
Department of the Environment Transport and the Regions
5th March 1998


text:
1
This Order may be cited as the A13 Trunk Road (Ironbridge to Canning Town Improvement, Trunk Road, Slip Roads and Bridges) Order 1998 and shall come into force on 30th July 1998.
2
In this Order:
a
all measurements of distance are measured along the route of the relevant highway;
b
i
“the main new roads” means the new highways which the Secretary of State proposes to construct as parts of the trunk road along the routes described in Schedule 1 to this Order and references to route (a), route (b) and route (c) are respectively references to routes described in paragraphs (a), (b) and (c) of that Schedule;
ii
“the new trunk roads” means the main new roads and the slip roads as referred to in site plan 1;
iii
“the plan” means the plan folio numbered LRO 64/77/2/01, comprising a Key Plan and three Site Plans respectively numbered 1–3 marked “The A13 Trunk Road (Ironbridge to Canning Town Improvement, Trunk Road, Slip Roads and Bridges) Order 1998”, signed by authority of the Secretary of State for the Environment, Transport and the Regions and deposited at the Highways Agency, St Christopher House, Southwark Street, London SE1 0TE;
iv
“the slip roads” means the new highways which the Secretary of State proposes to construct along the routes described in Schedule 2 to this Order and which will connect the main new roads with other highways at the places stated in that Schedule; and
v
“the trunk road” means the A13 Trunk Road locally known as East India Dock Road and Newham Way.
3
The main roads and the slip roads shall become trunk roads from the date when this Order comes into force.
4
The centre line of each of the new trunk roads is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is maintainable at public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for traffic.
6
The Secretary of State is authorised to construct the bridges specified in Schedules 3 and 4 to this Order as part of those slip roads along the routes given the numbers 4 and 5 on the plan.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
J P Boud
A Divisional Director in the Highways Agency
2nd July 1998


text:
Citation and commencement
1
This Order may be cited as the Gateshead Healthcare National Health Service Trust (Dissolution) Order 1998 and shall come into force on 1st April 1998.
Dissolution of NHS trust
2
The Gateshead Healthcare National Health Service Trust established by the Gateshead Healthcare (Establishment) Order 1994 is dissolved, and accordingly that Order is revoked.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State
Department of Health
19th March 1998


text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Social Security (Welfare to Work) Regulations 1998 and shall come into force on 5th October 1998.
PART II
CONTRIBUTORY AND NON-CONTRIBUTORY BENEFITS AND STATUTORY SICK PAY REGULATIONS
Amendment of the Social Security (Incapacity Benefit) Regulations 1994
2
After regulation 5 of the Social Security (Incapacity Benefit) Regulations 1994 (night workers) there shall be inserted–
Calculating periods of incapacity for work for welfare to work beneficiaries
5A
For the purposes of incapacity benefit, in the case of a person who has been determined in accordance with regulation 13A of the Social Security (Incapacity for Work) (General) Regulations 1995 as a welfare to work beneficiary, section 30C(1)(c) of the Contributions and Benefits Act (any two periods of incapacity for work not separated by a period of more than 8 weeks shall be treated as one period of incapacity for work) shall have effect as if for the reference to 8 weeks there were substituted a reference to 52 weeks.
.
Amendment of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995
3
1
The Social Security (Incapacity Benefit) (Transitional) Regulations 1995 shall be amended in accordance with the following paragraphs of this regulation.
2
After regulation 17A (awards of incapacity benefit in cases where periods of interruption of employment and periods of incapacity for work link) there shall be inserted–
Calculating periods of incapacity for work for welfare to work beneficiaries in long-term incapacity benefit transitional cases
17B
For the purposes of transitional cases, where a person, to whom regulation 17(1) (transitional awards of long-term incapacity benefit) or regulation 17A (awards of incapacity benefit in cases where periods of interruption of employment and periods of incapacity for work link) applies, has been determined in accordance with regulation 13A of the Social Security (Incapacity for Work) (General) Regulations 1995 to have become a welfare to work beneficiary, section 30C(1)(c) of the 1992 Act (any two periods of incapacity for work not separated by a period of more than 8 weeks shall be treated as one period of incapacity for work) shall have effect as if for the reference to 8 weeks there were substituted a reference to 52 weeks.
.
3
In regulation 23 (increase of Category A retirement pension for incapacity)–
a
after the word “23” there shall be inserted the words “ — (1)”; and
b
at the end, there shall be inserted–
2
In the case of a person who is a welfare to work beneficiary in accordance with regulation 13A of the Social Security (Incapacity for Work) (General) Regulations 1995, the reference in paragraph (1) to a period of 57 days shall be treated as a reference to a period of 52 weeks.
.
4
In regulation 24 (increase of rate of long-term incapacity benefit for dependants in transitional cases)–
a
in paragraph (7), for the words “A person” there shall be substituted “Except in a case where paragraph (7A) applies, a person”;
b
after paragraph (7), there shall be inserted–
7A
The exception referred to in paragraph (7) applies only if the person–
a
has been determined to be a welfare to work beneficiary in accordance with regulation 13A of the Social Security (Incapacity for Work) (General) Regulations 1995; and
b
is not entitled to incapacity benefit on any day in a period falling within a linking term within the meaning of regulation 13A of the Social Security (Incapacity for Work) (General) Regulations 1995.
.
5
In regulation 25 (further provisions for dependants in respect of the application of old saving provisions)–
a
in paragraph (3), for the words “The old saving provisions” there shall be substituted “Except in a case where paragraph (3A) applies, the old saving provisions”;
b
after paragraph (3), there shall be inserted–
3A
The exception referred to in paragraph (3) applies only if the person–
a
has been determined to be a welfare to work beneficiary in accordance with regulation 13A of the Social Security (Incapacity for Work) (General) Regulations 1995; and
b
is not entitled to incapacity benefit on any day in a period falling within a linking term within the meaning of regulation 13A of the Social Security (Incapacity for Work) (General) Regulations 1995.
.
6
In regulation 28 (transitional provisions for an increase of severe disablement allowance for adult dependants), in paragraph (1), for the words “regulation 24(2) to (7)” there shall be substituted the words “regulation 24 (2) to (7A)”.
7
In regulation 31 (application of the new tests of incapacity for work), in paragraph (5)(c), after the word “spell” there shall be inserted the words “or period”.
Amendment of the Social Security (Incapacity for Work) (General) Regulations 1995
4
1
The Social Security (Incapacity for Work) (General) Regulations 1995 shall be amended in accordance with the following paragraphs of this regulation.
2
After regulation 13 (person receiving certain regular treatment) there shall be inserted the following–
Welfare to work beneficiary
13A
1
Subject to paragraph (3), a person is a “welfare to work beneficiary” on any day in a linking term, where he–
a
was incapable of work for a period of incapacity for work of more than 196 days in his immediate past period of incapacity for work;
b
ceased to be entitled to the benefit at the end of that immediate past period of incapacity for work on a day which falls on or after 5th October 1998;
c
became engaged in remunerative work within one week of so ceasing to be entitled to that benefit at the end of that immediate past period of incapacity for work; and
d
either–
i
gave notice, within a period of a month after so ceasing to be entitled to that benefit, to the Secretary of State that he had been engaged in remunerative work within one week from the end of that past period of incapacity for work, or
ii
had successfully appealed against an assessment made in respect of the all work test or a determination in respect of the own occupation test in relation to his immediate past period of incapacity for work, which period, had that assessment or determination not been made, would have consisted of a period of incapacity for work of more than 196 days.
2
A welfare to work beneficiary shall be treated as incapable of work on any day in a period, consisting of a cumulative number of days of incapacity for work not exceeding 91 days in total, beginning within the linking term and ending on a day not later than 13 weeks from the end of that linking term, where he–
a
claims benefit for any day falling within that linking term;
b
submits evidence in accordance with regulation 2 of the Social Security (Medical Evidence) Regulations 1976 ; and
c
in his immediate past period of incapacity for work–
i
had been assessed and satisfied the all work test in accordance with Part III, or
ii
had been treated under regulation 10 (certain persons with a severe condition to be treated as incapable of work) as incapable of work.
3
a person is not a welfare to work beneficiary under paragraph (1) if–
a
his immediate past period of incapacity for work was ended by a determination (other than a determination in the circumstances applicable to a person under paragraph (1)) that he was, or was treated as, capable of work; or
b
his immediate past period of incapacity for work ended within a period of less than 28 weeks from the end of his last linking term.
4
For the purposes of this regulation–
“benefit” means any benefit, allowance or advantage under the Contributions and Benefits Act (other than statutory sick pay), or under the Jobseekers Act 1995 , for which entitlement is dependent on incapacity for work;
“linking term” means a period of 52 weeks (whether or not broken by days of incapacity for work) fixed on the first day immediately following the last day of incapacity in a period of incapacity for work;
“immediate past period of incapacity for work” means a period of incapacity for work under section 30C(1) of the Contributions and Benefits Act ;
“remunerative work” means–
work (other than exempt work under regulation 17) for which payment is made or which is done in expectation of payment, or
attendance on a training course in respect of which the person receives a training allowance in pursuance of arrangements made under section 2(1) of the Employment and Training Act 1973 or section 2(3) of the Enterprise and New Towns (Scotland) Act 1990 .
.
3
In regulation 17(2)(b) (exempt work), the words “or (b)” shall be omitted.
Amendment of the Social Security (Severe Disablement Allowance) Regulations 1984
5
1
The Social Security (Severe Disablement Allowance) Regulations 1984 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 7 (days for which persons are to be regarded as incapable of work for the purposes of severe disablement allowance), after paragraph (1A) (night workers) there shall be inserted —
1B
For the purposes of severe disablement allowance, a person shall be treated as incapable of work on any day in a period, consisting of a cumulative number of days of incapacity for work not exceeding 91 days in total for which he makes a claim for severe disablement allowance, beginning within a linking term and ending on a day not later than 13 weeks from the end of that linking term in respect of which he has been determined to be a person who is a welfare to work beneficiary; and in this paragraph “linking term” and “welfare to work beneficiary” have the meanings given in regulation 13A of the Social Security (Incapacity for Work) (General) Regulations 1995 (welfare to work beneficiary).
.
3
In regulation 10 (adjudication)–
a
after paragraph (1)(h) there shall be inserted–
hh
subject to paragraph (2B) and during the period referred to in regulation 7(1B), evidence that he has been determined on that day to be a welfare to work beneficiary in accordance with regulation 13A of the Social Security (Incapacity for Work) (General) Regulations 1995;
;
b
after paragraph (2A) there shall be inserted–
2B
Paragraph (1)(hh) shall not apply to a welfare to work beneficiary who, in his immediate past period of incapacity for work within the meaning of regulation 13A of the Social Security (Incapacity for Work) (General) Regulations 1995, was not assessed to be disabled in accordance with section 68(6) of the Contributions and Benefits Act.
.
Amendment of the Statutory Sick Pay (General) Regulations 1982
6
After paragraph (2) of regulation 3 of the Statutory Sick Pay (General) Regulations 1982 (period of entitlement ending or not arising) there shall be inserted–
2A
A period of entitlement in respect of an employee who was entitled to incapacity benefit, maternity allowance or severe disablement allowance shall not arise in relation to any day within a period of incapacity for work beginning with the first day on which paragraph 2(d) of Schedule 11 to the Contributions and Benefits Act ceases to have effect where the employee in question is a person to whom regulation 13A of the Social Security (Incapacity for Work) (General) Regulations 1995 (welfare to work beneficiary) applies.
.
Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979
7
After regulation 3 of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 (provisions applying after election) there shall be inserted–
Calculating periods of incapacity for work for welfare to work beneficiaries entitled to an increase of long-term incapacity benefit
3A
Section 47(1) of the Social Security Contributions and Benefits Act 1992 (increase of Category A retirement pension for long-term incapacity) shall have effect, in any case where a person is treated in accordance with regulation 13A of the Social Security (Incapacity for Work) (General) Regulations 1995 as a welfare to work beneficiary, as if for the reference to 8 weeks there were substituted a reference to 52 weeks.
.
PART III
AMENDMENT OF INCOME-RELATED BENEFITS AND JOBSEEKER'S ALLOWANCE REGULATIONS
Amendment of the Council Tax Benefit (General) Regulations 1992
8
The Council Tax Benefit (General) Regulations 1992 shall be amended in accordance with the following paragraphs–
a
in paragraph 11 of Schedule 1 (applicable amounts) the following sub-paragraphs shall be added–
4
In the case of a claimant who is a welfare to work beneficiary, references in sub-paragraphs (1)(b)(ii), (2)(b)(ii), (3)(b) and (3)(c)(i) to a period of 8 weeks shall be treated as references to a period of 52 weeks.
5
A person is a welfare to work beneficiary if he is a person–
a
to whom regulation 13A(1) of the Social Security (Incapacity for Work) (General) Regulations 1995 applies; and
b
who again becomes incapable of work for the purposes of Part XIIA of the Contributions and Benefits Act 1992 .
;
b
in paragraph 13 of Schedule 1 after sub-paragraph (7) the following sub-paragraph shall be added–
8
In the case of a claimant who is a welfare to work beneficiary within the meaning of paragraph 11(5)–
a
the reference to a period of 8 weeks in sub-paragraph (3), and
b
the reference to a period of 56 days in sub-paragraph (6)
shall in each case be treated as a reference to a period of 52 weeks.
.
Amendment of the Council Tax Benefit (General) Amendment Regulations 1997
9
In regulation 3 of the Council Tax Benefit (General) Amendment Regulations 1997 (saving)–
a
in paragraph (1) for the words “paragraph (2)” there shall be substituted the words “paragraphs (2) to (8)”;
b
in paragraph (2)(a) at the end there shall be added the year “1998”;
c
after paragraph (3) the following paragraphs shall be added–
4
Subject to paragraphs (5) to (7) below, where a person to whom paragraph (1) applies (“the claimant”) becomes, or whose partner becomes, a welfare to work beneficiary and
a
the claimant ceases to be entitled to council tax benefit in respect of his residence in the relevant dwelling but subsequently becomes re-entitled to council tax benefit in respect of the same residence; and
b
the first day of that entitlement is within 52 weeks of the claimant or his partner becoming a welfare to work beneficiary,
paragraphs (1) to (3) above shall again have effect in his case as if his entitlement to council tax benefit had been continuous.
5
Where the claimant ceases to be entitled to council tax benefit within the last 12 weeks of the 52 weeks following the date he or his partner becomes a welfare to work beneficiary, the period of 52 weeks to which paragraph (4)(b) refers shall be extended by an additional period of weeks equal to the difference between 12 weeks and the number of weeks remaining in the 52 week period when he ceased to be entitled to council tax benefit.
6
Paragraphs (1) to (3) above shall continue to have effect in the case of a claimant who–
a
has ceased to be a welfare to work beneficiary or whose partner has ceased to be such a beneficiary; and
b
is entitled to council tax benefit at the end of the 52 week period to which paragraph (4)(b) refers.
7
Where–
a
a claimant dies or ceases to reside in the relevant dwelling within 52 weeks of becoming a welfare to work beneficiary;
b
more than 12 weeks have elapsed since the claimant’s entitlement to benefit ended;
c
the claimant’s partner was resident in the dwelling concerned on 31st March 1998;
d
the partner has remained continuously resident in that dwelling since that date; and
e
the partner claims council tax benefit within 12 weeks of the date the claimant died or ceased to reside in the relevant dwelling,
paragraph (1) above shall apply to the partner as if it was the partner whose entitlement to council tax benefit has been continuous.
8
For the purposes of this regulation “welfare to work beneficiary” means a person to whom regulation 13A(1) of the Social Security (Incapacity for Work) (General) Regulations 1995 applies.
.
Amendment of the Housing Benefit (General) Regulations 1987
10
The Housing Benefit (General) Regulations 1987 shall be amended in accordance with the following paragraphs–
a
in paragraph 10 of Schedule 2 (applicable amounts) the following sub-paragraphs shall be added–
4
In the case of a claimant who is a welfare to work beneficiary, references in sub-paragraphs (1)(b)(ii), (2)(b)(ii), (3)(b) and (3)(c)(i) to a period of 8 weeks shall be treated as references to a period of 52 weeks.
5
A person is a welfare to work beneficiary if he is a person–
a
to whom regulation 13A(1) of the Social Security (Incapacity for Work) (General) Regulations 1995 applies; and
b
who again becomes incapable of work for the purposes of Part XIIA of the Contributions and Benefits Act 1992 .
;
b
in paragraph 12 of Schedule 2 after sub-paragraph (7) the following sub-paragraph shall be added–
8
In the case of a claimant who is a welfare to work beneficiary within the meaning of paragraph 10(5)–
a
the reference to a period of 8 weeks in sub-paragraph (3), and
b
the reference to a period of 56 days in sub-paragraph (6),
shall in each case be treated as a reference to a period of 52 weeks.
.
Amendment of the Housing Benefit (General) Amendment Regulations 1995
11
1
Regulation 10 of the Housing Benefit (General) Amendment Regulations 1995 (saving provision) shall be amended in accordance with the following paragraphs.
2
In paragraph (2)(b)–
a
the words “was either” shall be omitted;
b
in heads (i) and (ii) the word “was” shall be inserted at the beginning;
c
after head (ii) the word “or” and the following head shall be added–
iii
is a person to whom paragraph (2A) applies.
.
3
After paragraph (2) the following paragraph shall be inserted–
2A
This paragraph applies in the case of a person (“the claimant”) who becomes, or whose partner becomes, a welfare to work beneficiary, and–
a
the claimant ceases to be entitled to housing benefit in respect of his residence in the dwelling he occupies as his home;
b
the claimant subsequently becomes re-entitled to housing benefit–
i
in respect of the same dwelling, or
ii
in respect of a different dwelling in a case to which paragraph (2)(a)(ii) applies; and
c
the first day of that entitlement is within 52 weeks of the claimant or his partner becoming a welfare to work beneficiary.
.
4
After paragraph (5A) the following paragraph shall be inserted–
5B
Paragraphs (1) to (5A) above shall continue to have effect in the case of a claimant who has ceased to be a to work beneficiary or whose partner has ceased to be such a beneficiary where the claimant is entitled to housing benefit at the end of the 52 week period to which paragraph (2A)(c) refers.
.
5
In paragraph (6)–
a
in paragraph (ii) of the definition of “previous beneficiary” at the end there shall be added the words “or was on that date within 52 weeks of having become a welfare to work beneficiary”;
b
after the definition of “previous beneficiary” the following definition shall be added–
“welfare to work beneficiary” means a person to whom regulation 13A(1) of the Social Security (Incapacity for Work) (General) Regulations 1995 applies;
.
Amendment of the Housing Benefit and Council Tax Benefit (General) Amendment Regulations 1997
12
Regulation 4 of the Housing Benefit and Council Tax Benefit (General) Amendment Regulations 1997 (savings) shall be amended in the following manner–
a
in paragraph (1) for the words “(2) or (2A)” there shall be substituted the words “(2), (2A) or (2AB)”;
b
after paragraph (2A) there shall be inserted the following paragraphs–
2AB
This paragraph applies in the case of a person–
a
who was entitled to housing benefit in respect of the dwelling he occupied as his home on or before 5th October 1997;
b
whose entitlement to housing benefit in respect of that dwelling was continuous from that date until it ceased because either the person or his partner became a welfare to work beneficiary;
c
who on the day before entitlement to housing benefit ceased, was in receipt of an addition to benefit by virtue of paragraph (4) or (5) of regulation 11 of the principal Regulations as they had effect on 5th October 1997; and
d
who subsequently becomes re-entitled to housing benefit in respect of that dwelling within 52 weeks of him or his partner becoming a welfare to work beneficiary.
2AC
Paragraph (2A) above shall continue to have effect in the case of a person who has ceased to be a welfare to work beneficiary or whose partner has ceased to be such a beneficiary where the person is entitled to housing benefit at the end of the 52 week period to which paragraph (2AB) refers.
;
c
in paragraph (2B) after the definition of “benefit period” the following definition shall be added–
“welfare to work beneficiary” means a person to whom regulation 13A(1) of the Social Security (Incapacity for Work) (General) Regulations 1995 applies.
.
Amendment of the Income Support (General) Regulations 1987
13
1
The Income Support (General) Regulations 1987 shall be amended in accordance with the following paragraphs.
2
In regulation 2 (interpretation) the following definition shall be inserted in the appropriate place–
“welfare to work beneficiary” means a person–
to whom regulation 13A(1) of the Social Security (Incapacity for Work) (General) Regulations 1995 applies; and
who again becomes incapable of work for the purposes of Part XIIA of the Contributions and Benefits Act 1992 ;
.
3
In Schedule 2 (applicable amounts)–
a
in paragraph 10 (higher pensioner premium) the following sub-paragraph shall be added–
4
In the case of a claimant who is a welfare to work beneficiary, references in sub-paragraphs (1)(b)(ii), (2)(b)(ii) and (3)(b) to a period of 8 weeks shall be treated as references to a period of 52 weeks.
;
b
in paragraph 12 (additional condition for higher pensioner and disability premiums) after sub-paragraph (1) there shall be inserted the following sub-paragraph–
1A
In the case of a claimant who is a welfare to work beneficiary, the reference in sub-paragraph (1)(b) to a period of 56 days shall be treated as a reference to a period of 52 weeks.
.
4
In Schedule 3 (housing costs)–
a
in paragraph 7 (transitional protection) the following sub-paragraph shall be added–
10
In the case of a person who is a welfare to work beneficiary, the references in sub-paragraphs (5)(c) and (7) to a period of 12 weeks shall be treated as references to a period of 52 weeks.
;
b
in paragraph 14 (linking rule) the following sub-paragraph shall be added–
10
In the case of a person who is a welfare to work beneficiary, the references in sub-paragraphs (1)(a)(ii), (1)(d) and (1)(f)(iii) to a period of 12 weeks shall be treated as references to a period of 52 weeks.
.
Amendment of the Jobseeker’s Allowance Regulations 1996
14
1
The Jobseeker’s Allowance Regulations 1996 shall be amended in accordance with the following paragraphs.
2
In regulation 1 (citation, commencement and interpretation) the following definition shall be inserted in the appropriate place–
“welfare to work beneficiary” means a person–
to whom regulation 13A(1) of the Social Security (Incapacity for Work) (General) Regulations 1995 applies; and
who again becomes incapable of work for the purposes of Part XIIA of the Contributions and Benefits Act 1992;
.
3
In paragraph 12 of Schedule 1 (applicable amounts) the following sub-paragraph shall be added–
3
In this paragraph where a claimant’s partner is a welfare to work beneficiary, sub-paragraphs (1)(a)(ii) and (2)(b) shall apply to him as if for the words “8 weeks” there were substituted the words “52 weeks”.
.
4
In paragraph 13 of Schedule 2 (housing costs) the following sub-paragraph shall be added–
12
Where the claimant’s partner to whom this paragraph applies is a welfare to work beneficiary, sub-paragraphs (1)(a)(ii), (1)(d) and (1)(f)(iii) shall apply to him as if for the words “twelve weeks” there were substituted the words “52 weeks”.
.
Signed by authority of the Secretary of State for Social Security.
Stephen C. Timms
Parliamentary Under-Secretary of State,
Department of Social Security
10th September 1998


text:
Title, commencement and extent
1
1
These Regulations may be cited as the BSE Offspring Slaughter Regulations 1998 and shall come into force on 4th January 1999.
2
These Regulations extend to Great Britain.
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
“the appropriate Minister” means, in relation to England, the Minister, and in relation to Scotland or to Wales, the Secretary of State;
“BSE” means the disease bovine spongiform encephalopathy;
“barrener cattle” means adult female bovine animals which have had one or more calves and which are being sold either for immediate slaughter or for further fattening before slaughter;
“beef breeding offspring animal” means an offspring animal, other than a pedigree offspring animal or a productive offspring animal, intended for suckler production;
“beef offspring animal” means an offspring animal, other than a pedigree offspring animal or a productive offspring animal, intended for the production of meat for human consumption;
“beef special premium” is the premium payable under article 4(b) of Council Regulation ( EEC ) 805/68 as amended ;
“bovine animal” includes buffalo of the species Bubalus bubalis and Bison bison;
“cattle passport” has the same meaning as in the Cattle Identification Regulations 1998 ;
“the Council Decision” means Council Decision 98/256/ EC concerning emergency measures to protect against bovine spongiform encephalopathy;
“dairy offspring animal” means an offspring animal, other than a pedigree offspring animal or a productive offspring animal, intended for the production of milk for human consumption;
“indicative market price” means a price calculated in accordance with Part III of Schedule 2 to these Regulations;
“inspector” means a person appointed to be an inspector for the purposes of these Regulations by the appropriate Minister or a local authority, and includes a veterinary inspector;
“local authority” means–
in any part of England where there is, within the meaning of the Local Government Changes for England Regulations 1994 , a unitary authority for that local government area, that authority;
in any part of England where there is not a unitary authority–
in a metropolitan district, the council of that district;
in a non-metropolitan county, the council of that county;
in each London borough, the council of that borough; or
in the City of London, the Common Council;
in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ; and
in Wales, a county or county borough;
“market value” means–
in the case of an offspring animal aged 30 months or over, either–
the price which might reasonably have been obtained for it at the time of valuation from a purchaser in the open market if the animal were not an offspring animal; or
the purchase price which would have applied had the animal been slaughtered at the time of valuation under the OTMS , whichever is the higher; and
in the case of an offspring animal aged under 30 months, the price which might reasonably have been obtained for it at the time of valuation from a purchaser in the open market if the animal were not an offspring animal;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“offspring animal” means a bovine animal born on or after 1st August 1996 in the United Kingdom, to a dam which–
was affected or suspected of being affected with BSE when it gave birth to the animal; or
has subsequently become affected or suspected of being affected with BSE;
“OTMS” means the Over Thirty Months Scheme for the purchase and slaughter of bovine animals aged over thirty months referred to in Commission Regulation (EC) No. 716/96 adopting exceptional support measures for the beef market in the United Kingdom, as amended;
“pedigree offspring animal” means an offspring animal which is a pure-bred breeding animal of the bovine species within the meaning of Council Directive 77/504/EEC ;
“productive offspring animal” means–
a female offspring animal in milk or in calf;
a male offspring animal, other than a pedigree offspring animal, kept for breeding purposes;
“premises” means any place (including any structure or vehicle) in which bovine animals may be grazed, handled, held or kept and includes any such place occupied as a private dwelling; and
“veterinary inspector” means a veterinary inspector appointed for the purposes of these Regulations by the appropriate Minister.
2
For the purpose of calculating the compensation payable for an offspring animal slaughtered under these Regulations the age of the animal at slaughter shall be conclusively determined by reference to the date of birth of the animal shown on the cattle passport for the animal.
3
Any reference in these Regulations–
a
to a numbered regulation is a reference to the regulation bearing that number in these Regulations;
b
to a numbered schedule is a reference to the schedule to these Regulations bearing that number; and
c
to a lettered and numbered form is a reference to the form bearing that letter and number in Schedule 1 to these Regulations.
Requirements relating to offspring animals
3
1
If an inspector is of the opinion that there is an offspring animal on any premises, he may serve a notice in Form OC 1 on the person appearing to him to be the owner or person in charge of that animal.
2
On the service of a notice in Form OC 1–
a
the requirements contained in that notice shall have effect; and
b
the owner or person in charge of the animal who has been served with the notice shall surrender the cattle passport for the animal to an officer of the appropriate Minister.
3
The occupier of any premises and his employees, and any person who is or has been in possession or charge of any animal or carcase which is or has been on the premises, shall–
a
provide such reasonable facilities and comply with such reasonable requirements as are necessary to assist the inspector to form his opinion and carry out any inspection, examination, test, sampling or marking under this regulation; and
b
if so required by an inspector, or by an officer of the appropriate Minister, give such information as he possesses as to–
i
any animal or carcase which is or has been on the premises;
ii
any other animal or carcase with which any animal or carcase which is or has been on the premises may have come into contact; and
iii
the location and movement of any animal or carcase which is or has been in his possession or charge.
4
If an animal to which a notice in Form OC 1 relates is moved from premises under a licence issued by an officer of the appropriate Minister which is subject to a condition, the notice in Form OC 1 shall, providing the animal is moved in accordance with the condition, cease to have effect on the expiry of the period in respect of which the condition applies.
5
A notice in Form OC 1 may at any time be withdrawn by a notice in Form OC 3 served by a veterinary inspector on the person appearing to him to be the owner or person in charge of the animal to which the notice in Form OC 1 relates.
Notice of intended slaughter
4
1
The appropriate Minister may, if he thinks fit, cause to be slaughtered any offspring animal.
2
Subject to paragraph (5) below, where the appropriate Minister proposes to cause an offspring animal to be slaughtered under this regulation a veterinary inspector shall serve a notice of intended slaughter in Form OC 2 on the person appearing to him to be the owner or person in charge of the animal specifying the premises at which the animal is to be slaughtered.
3
Following the service of a notice in Form OC 2 an inspector may insert or administer an implant for the purpose of electronically tagging an offspring animal.
4
No person except an inspector shall remove or otherwise interfere with an implant inserted or administered under paragraph (3) above.
5
Where an animal is presented at any premises for slaughter for human consumption and a veterinary inspector is of the opinion that the animal is an offspring animal, the appropriate Minister may cause the animal to be slaughtered under this regulation without any notice in Form OC 2 being served on the owner or person in charge of the animal before it is slaughtered.
6
Where an offspring animal is slaughtered in accordance with paragraph (5) above an inspector or officer of the appropriate Minister shall, as soon as reasonably practicable thereafter, give notice to the owner or other person in charge of the carcase of the slaughtered animal that the animal has been slaughtered as an offspring animal.
7
If an animal to which a notice in Form OC 2 relates is moved from premises under a licence issued by an officer of the appropriate Minister which is subject to a condition, the notice in Form OC 2 shall, providing the animal is moved in accordance with the condition, cease to have effect on the expiry of the period in respect of which the condition applies.
8
A notice in Form OC 2 may at any time be withdrawn by a notice in Form OC 3 served by a veterinary inspector on the owner or person in charge of the animal to which the notice in Form OC 2 relates.
Compensation for slaughtered offspring animals
5
1
Subject to the provisions of this regulation, where the appropriate Minister causes an offspring animal to be slaughtered under regulation 4 the Minister shall pay compensation in accordance with the provisions of this regulation.
2
The compensation payable for a pedigree offspring animal or a productive offspring animal shall be an amount equal to the market value of the animal.
3
The compensation payable for a dairy offspring animal, a beef breeding offspring animal or a beef offspring animal shall be the percentage of the indicative market price for the month in which the animal is slaughtered specified in the table in Part I of Schedule 2 for an animal of the description and age of the animal slaughtered; together with the amount (if any) specified in that table in respect of any beef special premium payable for the animal which has not been claimed.
4
The table in Part II of Schedule 2 sets out an example of the amounts of compensation payable for dairy offspring animals, beef breeding offspring animals and beef offspring animals ascertained by reference to the percentage of the indicative market price for these animals for December 1998.
5
The market value of a pedigree offspring animal or a productive offspring animal shall, for the purposes of payment of compensation under these Regulations, be determined–
a
by agreement between the appropriate Minister and the owner of the animal; or
b
by one valuer appointed jointly by the appropriate Minister and the owner.
6
If the market value of a pedigree offspring animal or a productive offspring animal cannot be agreed under paragraph (5)(a) above, or if there is no valuer appointed jointly under paragraph (5)(b) above, the market value of the animal shall be determined by a valuer nominated by the President of the Royal Institution of Chartered Surveyors or, in the case of a pedigree offspring animal or a productive offspring animal in Scotland, by the President of the Institute of Auctioneers and Appraisers in Scotland.
7
A valuer appointed or nominated for the purpose of this regulation shall be paid by the Minister and shall give to the Minister and the owner a certificate in writing of the value he has determined.
8
Where an offspring animal is slaughtered as an offspring animal and was certified before slaughter by a veterinary surgeon as–
a
requiring slaughter for emergency reasons relating to the welfare of the animal;
b
not fit for human consumption by virtue of its condition; and
c
having no market value as a consequence,
there shall be no compensation payable for the animal under this regulation.
9
Where an offspring animal is slaughtered as an offspring animal and was certified in Form OC 4 before slaughter by a veterinary surgeon as–
a
requiring slaughter for emergency reasons relating to the welfare of the animal; and
b
not unfit for human consumption by virtue of its condition,
compensation shall be payable for the animal in accordance with the compensation payable under paragraph (3) above for a beef animal of the age of the animal slaughtered (without any amount in respect of beef special premium).
10
Where a notice in Form OC 1 has been served on an offspring animal and the animal is slaughtered under section 17 of the Animal Health Act 1981 in its application to brucellosis or tuberculosis as an affected animal, an animal exposed to the infection of brucellosis or tuberculosis or an animal which is a reactor, within the meaning of the Brucellosis and Tuberculosis (England and Wales) Compensation Order 1978 or the Brucellosis and Tuberculosis (Scotland) Compensation Order 1978 , and the notice in Form OC 1 has been withdrawn by the time of such slaughter or is withdrawn at that time, the compensation payable for the animal shall be ascertained in accordance with the Order concerned.
11
Where a notice in Form OC 1 has been served on an offspring animal and the animal is slaughtered under section 32 of the Animal Health Act 1981 in its application to the disease bovine spongiform encephalopathy as an animal affected or suspected of being affected with that disease, and the notice in Form OC 1 has been withdrawn by the time of such slaughter or is withdrawn at that time, the compensation payable for the animal shall be ascertained in accordance with the Bovine Spongiform Encephalopathy Compensation Order 1996 .
12
The appropriate Minister shall take such steps as he considers appropriate for the purpose of bringing to the notice of such organisations as appear to him to be representative of owners of bovine animals–
a
the indicative market price in respect of each month; and
b
the number of animals and the sale price of the animals on which the calculation of such indicative market price was based.
Powers of entry, examination, search and sampling etc.
6
1
An inspector shall, on producing if so required, some duly authenticated document showing his authority, have a right at all reasonable hours to enter any premises including any part of any premises occupied as a private dwelling–
a
for the purpose of ascertaining whether any bovine animal is being or has been kept on the premises;
b
for any purpose connected with the service of a notice under these Regulations; or
c
for the purpose of ascertaining whether there is or has been any contravention of, or failure to comply with, these Regulations.
2
If a justice of the peace, on sworn information in writing is satisfied that there is reasonable ground for entry into any premises (other than any premises occupied as a private dwelling) for any such purpose as is mentioned in paragraph (1) above and that either–
a
admission to the premises has been refused, or a refusal is apprehended, and that notice of the intention to apply for a warrant has been given to the occupier; or
b
an application for admission, or the giving of such a notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier temporarily absent,
the justice may by warrant signed by him authorise an inspector to enter the premises, if need be by reasonable force.
3
In the application of this regulation to Scotland any reference to a justice of the peace includes a reference to the sheriff and to a magistrate.
4
An inspector may–
a
inspect and examine any bovine animal or any carcase of a bovine animal on the premises;
b
make such tests in relation to, and take such samples from, any bovine animal or any carcase of a bovine animal on the premises as he considers necessary for the purposes of these Regulations;
c
mark for identification purposes any bovine animal or carcase of any bovine animal on the premises;
d
examine any record in whatever form on the premises, and take copies of those records;
e
have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with any records, and may require any person having charge of, or who is otherwise concerned with the operation of the computer, apparatus or material to afford him such assistance as he may reasonably require;
f
where records are kept by means of a computer, require the records to be produced in a form in which they may be taken away;
g
take with him such other person as he considers necessary for any purpose in relation to the enforcement of these Regulations; and
h
take with him a representative of the European Commission acting for any purposes in relation to the Council Decision.
Obstruction
7
1
No person shall–
a
intentionally obstruct any person acting in the execution of these Regulations;
b
without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the purpose of carrying out his functions under these Regulations; or
c
furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.
2
Nothing in paragraph (1)(b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Offences and penalties
8
1
Any person who, without lawful authority or excuse, proof of which shall lie on him–
a
fails to comply with any notice served under regulation 3(1), or any requirement of such a notice, or any notice served under regulation 4(2), or knowingly causes or permits any such non-compliance;
b
contravenes or fails to comply with regulation 3(3) or 7(1) or knowingly causes or permits any such contravention or non-compliance; or
c
defaces, obliterates or removes any mark applied to any bovine animal or carcase under regulation 6(4)(c),
shall be guilty of an offence.
2
A person guilty of an offence under these Regulations shall be liable–
a
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both;
b
on summary conviction to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or to both.
Offences by bodies corporate
9
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of–
a
any director, manager, secretary or other similar person of the body corporate, or
b
any person who was purporting to act in any such capacity,
he, as well as the body corporate, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1) above, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
3
Where an offence under these Regulations which has been committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Enforcement
10
The provisions of these Regulations shall be executed and enforced by the local authority or–
a
in England, by the Minister;
b
in Wales, by the Secretary of State for Wales; and
c
in Scotland, by the Secretary of State for Scotland.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
7th December 1998
Sewel
Parliamentary Under Secretary of State, Scottish Office
8th December 1998


text:
Citation and commencement
1
1
This Order may be cited as the County Borough of Caerphilly (Electoral Arrangements) Order 1998.
2
This Order shall come into operation on 6th May 1999 except that for the purposes of all proceedings preliminary or relating to an election to be held on or after that day, it shall come into force immediately.
Electoral divisions
2
1
The existing electoral divisions of the County Borough of Caerphilly specified in the Schedule to the County Borough of Caerphilly Electoral Arrangements Order 1994 shall be abolished.
2
For the purposes of the elections of councillors for the County Borough of Caerphilly, that County Borough shall be divided into 33 electoral divisions which shall bear the names specified in column (1) of the Schedule to this Order, and each such electoral division shall comprise the area specified thereto in column (2) of that Schedule.
3
The number of councillors to be returned for each such electoral division shall be the number specified opposite thereto in column (3) of the Schedule to this Order.
Register of local government electors
3
The registration officer shall make such re-arrangement or adaptation of the register of local government electors as may be necessary on account of the coming into force of this Order.
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
23rd November 1998


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


text:
Title and commencement
1
This Order may be cited as the Plant Health (Great Britain) (Amendment) Order 1998 and shall come into force on 25th February 1998.
Amendment of the Plant Health (Great Britain) Order 1993
2
1
The Plant Health (Great Britain) Order 1993 shall be amended in accordance with paragraphs (2) to (4) below.
2
In Schedule 4, Part A, Section 1, after item 54 there shall be inserted the following —
55. Cut flowers of Orchidaceae originating in Thailand
In relation to consignments leaving Thailand after 9th February 1998, an official statement on the phytosanitary certificate, either —
under the heading “Additional declaration”, that the cut flowers have been produced at a place of production which has been found to be free from Thrips palmi Karny on official inspections carried out at least monthly during the three months prior to export; or,
under the heading “Additional declaration”, that as a consignment prior to export the cut flowers have been subjected to an appropriate fumigation treatment to ensure freedom from Thysanoptera, and, under the heading “Disinfestation and/or disinfection treatment”, specifying the fumigation treatment applied prior to export.
.
3
In Schedule 5, Part B, Section I, after item 8 there shall be added the following —
9
Cut flowers of Orchidaceae originating in Thailand and which left Thailand after 9th February 1998.
4
In Schedule 16 there shall be inserted at the end the following —
Commission Decision 98/109/ EC OJ No. L27, 3.2.98, p. 47
.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
23rd February 1998
Sewel
Parliamentary Under Secretary of State, Scottish Office
19th February 1998
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
20th February 1998


text:
Citation and commencement
1
This Order may be cited as the Highway Litter Clearance and Cleaning (Transfer of Responsibilities) Order 1998 and shall come into force on 1st April 1998.
Transfer of duties to the Secretary of State
2
There shall be transferred to the Secretary of State for the Environment, Transport and the Regions from each local authority listed in column 1 of the Schedule to this Order the responsibility for the discharge of the duties imposed by section 89 of the Environmental Protection Act 1990 as respects the part or parts of the highway or highways specified in relation to that local authority in column 2 of that Schedule.
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
19th February 1998