text:
Citation, commencement and revocations
1
1
These Regulations may be cited as the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Employment of Young Persons) Regulations 1998 and shall come into force on 30th October 1998.
2
The Merchant Shipping (Employment of Young Persons) Regulations 1995 are hereby revoked.
Interpretation
2
1
In these Regulations, except where the context otherwise requires, any reference to–
a
a numbered regulation is a reference to the regulation bearing that number in these Regulations; and
b
a numbered paragraph or sub-paragraph is a reference to the paragraph or, as the case may be, sub-paragraph bearing that number in the regulation or Schedule, as the case may be, in which the reference appears.
2
In these Regulations–
“ the Act ” means the Merchant Shipping Act 1995;
“collective agreement” means a collective agreement within the meaning of section 178 of the Trade Union and Labour Relations (Consolidation) Act 1992 , the trade union parties to which are independent trade unions within the meaning of section 5 of that Act;
“Company” in relation to a ship to which these Regulations apply, means the owner of the ship or any other organisation or person such as the manager, or bareboat charterer, who has assumed the responsibility for operation of the ship from the owner;
“competent person” means a person who has sufficient training and experience or knowledge and other qualities, to enable him properly to undertake the duty imposed under the relevant provision in these Regulations;
“contract of employment” means a contract of employment, whether express or implied, and if express, whether oral or in writing;
“crew agreement” means a crew agreement made under section 25 of the Act;
“employer” means a person by whom a worker is employed under a contract of employment;
“the General Duties Regulations ” means the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 ;
“health and safety” includes the occupational health and safety of persons whilst on board the ship and whilst boarding or leaving the ship;
“master” includes the skipper of a fishing vessel;
“relevant agreement”, in relation to a worker, means a workforce agreement which applies to him, any provision of a collective agreement which forms part of a contract between him and his employer, or any other agreement in writing which is legally enforceable as between the worker and his employer;
“relevant inspector” means a person mentioned in paragraphs (a), (b) or (c) of section 258(1) of the Act;
“rest period” means any period which is not working time;
“sail training vessel” means a vessel which is being used either–
to provide instruction in the principles of responsibility, resourcefulness, loyalty and team endeavour and to advance education in the art of seamanship; or
to provide instruction in navigation and seamanship for yachtsmen;
and is operating under a statutory code;
“statutory code” means–
The Code of Practice for the Safety of Small Commercial Sailing Vessels ;
The Code of Practice for the Safety of Small Commercial Motor Vessels ; or
The Code of Practice for Safety of Large Commercial Sailing and Motor Vessels ;
“trainees and apprentices” does not include trainees on a sail training vessel;
“United Kingdom ship” means a ship which–
is a United Kingdom ship within the meaning of section 85(2) of the Act; or
is a Government ship within the meaning of section 308(4) of the Act; or
is a hovercraft registered under the Hovercraft Act 1968 ;
“week” means a period of 7 days starting at midnight on Sunday;
“worker” means any person who is employed by an employer under a contract of employment, including trainees and apprentices;
“workforce agreement” means an agreement between an employer and workers employed by him or their representatives in respect of which the conditions set out in the Schedule to the Working Time Regulations 1998 are satisfied;
“working time” means–
any period during which the worker is working, at his employer’s disposal and carrying out his activity or duties; and
any additional period which is to be treated as working time for the purpose of these Regulations under a relevant agreement;
and “work” shall be construed accordingly;
“young person” means any person who is under the age of 18 and, in Great Britain is over school-leaving age for the purposes of section 55 of the Act, or in Northern Ireland is over compulsory school age within the meaning of Article 46 of the Education and Libraries (Northern Ireland) Order 1986 .
3
Subject to paragraph (2), words and expressions used in the Regulations shall have the same meaning as in Council Directive 94/33/ EEC on the protection of young people at work .
Application and exemption
3
1
Subject to paragraph (3), these Regulations shall apply to all activities of young persons engaged as workers on United Kingdom ships.
2
Subject to paragraph (3), Regulations 1, 2, 3, 14, 15 and 16 shall apply to all activities of young persons engaged as workers on ships other than United Kingdom ships which are in United Kingdom waters.
3
These Regulations shall not apply to or in relation to–
a
the activities of a worker which are covered by The Health and Safety (Young Persons) Regulations 1997 or The Health and Safety (Young Persons) Regulations (Northern Ireland) 1997 ; or
b
any work carried out in circumstances which are unusual and unforeseeable, beyond the employer’s control or due to exceptional events, where–
i
that work is of a temporary nature and must be performed immediately, and
ii
adult workers are not available, and
iii
the young persons affected are allowed equivalent compensatory rest time within the following three weeks.
Persons on whom duties are imposed
4
1
Except where a duty is imposed on any other person, it shall be the duty of every employer to comply with the provisions of these Regulations.
2
Where a person on whom a duty is imposed by any provision of these Regulations does not have control of the matter to which the regulation relates because he does not have responsibility for the operation of the ship, then any duty imposed by that regulation shall also extend to any person who has control of that matter.
Additional general duties
5
1
In addition to the duties contained in the General Duties Regulations, appropriate measures shall be taken to protect young persons at work from the risks to their health and safety which are a consequence of their lack of experience, or absence of awareness of existing or potential risks or the fact that young persons have not yet fully matured.
2
No young person shall be permitted to begin work in a ship unless an assessment has first been made, either separately or as an addition to the assessment made under regulation 7 of the General Duties Regulations, of the risks to the health and safety of young persons which might arise during the normal course of their working time taking into account the inexperience, lack of awareness of risks and immaturity of young persons, and paying particular attention to–
a
the fitting out and layout of working areas;
b
the nature, degree and duration of exposure to physical, biological and chemical agents;
c
the form, range and use of work equipment and the way in which it is handled;
d
the organisation of processes and activities;
e
the extent of the health and safety training provided or to be provided to the young persons concerned; and
f
risks from agents, processes and work listed in the Schedule to these Regulations.
3
Young persons shall be informed of possible risks to their health and safety identified by the assessment under paragraph (2), and of all measures adopted for their protection.
4
No young persons shall be engaged in–
a
work which is objectively beyond their physical or psychological capacity;
b
work involving harmful exposure to agents which are toxic, carcinogenic, cause heritable genetic damage, or harm to the unborn child or which in any other way chronically affect human health;
c
work involving harmful exposure to radiation;
d
work involving the risk of accidents which it may be assumed cannot be recognised or avoided by young persons owing to their insufficient attention to safety or lack of experience or training; or
e
work in which there is a risk to health from–
i
extreme cold or heat, or
ii
noise, or
iii
vibration.
5
In determining whether the work will involve harm or risk for the purposes of this regulation, regard shall be had to–
a
the findings of the assessment carried out under paragraph (2); and
b
the list of agents, processes and work contained in the Schedule to these Regulations.
6
Nothing in paragraph (4) shall prevent the employment of a young person to perform any activity where that activity–
a
is indispensable for their vocational training; and
b
is performed under the supervision of a competent person,
and in such a case the duty shall be to ensure so far as is reasonably practicable the health and safety of the young person when performing that activity.
Rest periods for young persons
6
1
Where a young person is engaged as a worker on any ship, he shall be provided with–
a
a rest period of at least 12 consecutive hours in every 24 hour period; and
b
a rest period of at least 2 days, which shall be consecutive if possible, in every week.
2
Where a young person’s daily working time is more than four and a half hours, he shall be provided with a rest break of at least 30 minutes which shall be consecutive if possible.
3
Time spent on training by a young person, whether under a theoretical or practical or combined theoretical and practical work training scheme shall be counted as working time.
4
Where a young person is engaged as a worker by more than one employer, working days and working hours shall be cumulative.
5
a
The minimum daily rest period provided for in paragraph (1)(a) may be interrupted in the case of activities involving periods of work that are split up over the day or of short duration.
b
The minimum weekly rest period provided for in paragraph (1)(b)
i
may be interrupted in the case of activities involving periods of work that are split up over the day or of short duration; and
ii
may be reduced to a period which is not less than 36 hours where this is justified by technical or organisational reasons.
6
Where the hours of work of a young person are subject to a schedule of duties complying with regulation 9 of the Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) Regulations 1997 , paragraph (1) shall not apply, provided that–
a
the young persons are allowed compensatory rest time; and
b
measures are taken to ensure that there is no risk to their health and safety, by reason of their hours of work.
7
Where paragraph (6) does not apply, young persons may be permitted to work during the rest periods required by paragraph (1)(b) provided that–
a
such hours are provided for in a relevant agreement;
b
they are allowed compensatory rest time; and
c
measures are taken to ensure that there is no risk to their health and safety.
8
The Company shall ensure that the duties placed on the employer or other person in control of the matter are complied with.
9
Where a young person is engaged as a worker on a fishing vessel, paragraphs (1) to (8) shall not apply, but he shall be provided with compensatory rest periods which are as long as those that the young person would have been entitled to had paragraph (1) applied to him.
Health assessment
7
1
Without prejudice to regulation 11 of the General Duties Regulations–
a
where the assessment of risk under regulation 5(2) shows that there is a risk to the safety, the physical or mental health or development of young people; or
b
where a young person is likely to be required to work at night,
no young person shall be engaged as a worker unless he has been provided with a free assessment of his health and capacities before he starts work, and monitoring of his health at regular intervals thereafter.
2
The requirement for health assessments in the case within paragraph (1)(b) shall not apply where the only night work carried out is of an exceptional nature.
Young persons' medical certificates
8
1
Without prejudice to the provisions of the Merchant Shipping (Medical Examination) Regulations 1983 and subject to paragraphs (2) and (3), no young person shall be engaged as a worker in any capacity in a ship unless there has been delivered to the master of the ship a certificate granted by a duly qualified medical practitioner certifying that the young person is fit to be engaged in that capacity.
In this paragraph, “duly qualified medical practitioner” means a person who is a fully registered person within the meaning of section 55 of the Medical Act 1983 .
2
Paragraph (1) shall not apply in the case of engagement as a worker in a ship in which only members of the same family are employed.
3
A superintendent or consular officer may on the ground of urgency authorise a young person to be engaged as a worker in a ship to which the Merchant Shipping (Medical Examination) Regulations 1983 do not apply, notwithstanding that no such certificate has been delivered to the master of the ship; but the young person shall not be engaged as a worker in reliance on any such authorisation beyond the first port at which the ship calls after he has embarked thereon.
4
A certificate shall be effective for the purposes of this regulation for a period of twelve months from the date on which it is granted and no longer, but if the period of twelve months expires during a voyage in which the young person is engaged as a worker in the ship, the certificate shall remain effective until the next port of call where there is a duly qualified medical practitioner.
Record of young persons
9
1
There shall be included in every crew agreement a list of the young persons who are engaged as workers on the ship, together with particulars of their dates of birth.
2
There shall be included in every crew agreement a short summary of the provisions of these Regulations.
3
In the case of a ship in which there is no crew agreement, the master of the ship shall if young persons are engaged as workers on the ship, keep a register of those persons with particulars of their dates of birth and of the dates on which they became engaged as workers on the ship.
Penalties
10
Any contravention of these Regulations shall be an offence punishable on summary conviction by a fine not exceeding level 3 on the standard scale.
Offences by body corporate and partnerships
11
1
Where a body corporate is guilty of an offence under any of 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, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, the preceding paragraph shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
3
Where an offence under any of these regulations 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 is guilty of an offence and liable to be proceeded against and punished accordingly.
Onus of proving what is reasonably practicable
12
In any proceedings for an offence under any of these Regulations consisting of a failure to comply with a duty or requirement to do something so far as is reasonably practicable, it shall be for the defendant to prove that it was not reasonably practicable to do more than was in fact done to satisfy the duty or requirement.
Inspection and detention of a United Kingdom ship
13
A relevant inspector may inspect any United Kingdom ship and if he is satisfied that there has been a failure to comply in relation to that ship with the requirements of these Regulations may detain the ship until the health and safety of all young persons aboard the ship is secured, but shall not in the exercise of these powers detain or delay the ship unreasonably.
Inspection, detention and other measures in respect of ships registered outside the United Kingdom
14
1
A relevant inspector may inspect any ship which is not a United Kingdom ship when the ship is in United Kingdom waters, and if satisfied that the ship does not conform to the standards required of United Kingdom ships by these Regulations, may–
a
send a report to the government of the country in which the ship is registered, and a copy thereof to the Director General of the International Labour Office; and
b
where conditions on board are clearly hazardous to health and safety–
i
take such measures as are necessary to rectify those conditions, or
ii
detain the ship.
2
The measures specified in paragraph (1) may be taken only when the ship has called at a United Kingdom port in the normal course of business for operational reasons.
3
If either of the measures specified in paragraph (1)(b) are taken, the relevant inspector shall forthwith notify the nearest maritime, consular or diplomatic representative of the State whose flag the ship is entitled to fly.
4
The relevant inspector shall not in exercise of his power under this regulation detain or delay the ship unreasonably.
Enforcement of detention
15
Where a ship is liable to be detained under these Regulations, section 284(1) to (5) and (8) of the Act (which relates to the detention of the ship) shall apply as if for the words “this Act”, wherever they appear, there were substituted “the Merchant Shipping and Fishing Vessels (Health and Safety) (Employment of Young Persons) Regulations 1998”.
Compensation
16
Sections 96 and 97 of the Act (Arbitration and Compensation) shall apply in relation to a detention notice or order under these Regulations as they apply to a detention notice under section 95(3) of the Act and in such application, “relevant inspector” means a person making an inspection under these Regulations.
Miscellaneous amendments
17
The General Duties Regulations shall be amended as follows–
a
in regulation 2(2) in respect of the definition of “sail training vessel” at the end there shall be inserted “and is operating under a statutory code”;
b
in regulation 2(2), after the definition of “sail training vessel” there shall be inserted “statutory Code” means–
The Code of Practice for the Safety of Small Commercial Sailing Vessels ;
The Code of Practice for the Safety of Small Commercial Motor Vessels ; or
The Code of Practice for Safety of Large Commercial Sailing and Motor Vessels ;
c
in regulation 3(3) at the end there shall be inserted “or the Management of Health and Safety at Work Regulations (Northern Ireland) 1992” ;
d
in regulation 4(1)(b) and (3) the words “natural or legal” shall be deleted;
e
in regulation 5(2) in each place where it occurs the word “duties” shall be substituted with “duty”;
f
in regulation 17(1) after “1977” there shall be inserted “or the Safety Representatives and Safety Committees Regulations (Northern Ireland) 1979” ;
g
in regulation 25 after paragraph (2) there shall be inserted–
3
Where an offence under any of these Regulations 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 is guilty of an offence and liable to be proceeded against and punished accordingly.
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
24th September 1998


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Contracting-out) (Amount Required for Restoring State Scheme Rights and Miscellaneous Amendment) Regulations 1998 and shall come into force on 6th July 1998.
2
In these Regulations —
“the 1993 Act ” means the Pension Schemes Act 1993;
“additional pension” means the additional pension in a Category A retirement pension or in any other benefit under Part II of the Social Security Contributions and Benefits Act 1992 which is payable by virtue of section 44(3)(b) of that Act;
“earner” means —
in the case of a surviving spouse member, the deceased spouse from whose employment that member’s rights under the scheme are derived; and
in any other case, the member;
“effective date” means the date on which the Secretary of State determines, for the purposes of paragraph 5(3A) to (3E) of Schedule 2 to the 1993 Act , the extent to which the resources of the scheme are insufficient to meet the liability for the cash equivalent of the member’s rights under the scheme;
“pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995;
“relevant employment” means any employment of the earner to which any of his section 9(2B) rights, rights to a guaranteed minimum pension or protected rights under the scheme are directly or indirectly attributable;
“relevant tax year” means the tax year in which the effective date falls;
“section 9(2B) rights” has the same meaning as in regulation 1(2) of the Occupational Pension Schemes (Contracting-out) Regulations 1996 ;
“the scheme” means an occupational pension scheme referred to in regulation 2 below;
“surviving spouse member” means a person who has a right to the payment of a widow’s or widower’s pension under the scheme.
Determination of the amount required for restoring State scheme rights
2
For the purposes of paragraph 5(3A) to (3E) of Schedule 2 to the 1993 Act the amount required for restoring State scheme rights in relation to a member of a contracted-out occupational pension scheme which is being wound up shall be —
a
in a case where the prescribed person may elect under section 55(2) of that Act to pay a contributions equivalent premium, the amount of that premium calculated in accordance with section 58(4) of that Act; and
b
in any other case, the amount calculated in accordance with regulation 3.
Method of calculation where no election to pay a contributions equivalent premium may be made
3
1
In a case to which regulation 2(b) applies, the amount required for restoring a member’s State scheme rights shall be —
a
in the case of a man (other than a surviving spouse member) who has not attained pensionable age on the effective date —
X × Factor A × 52 × market level indicator
plus
(y 1 × Factor B1 + y 2 × Factor B2) × 52 × market level indicator
plus
(z 1 × Factor C1 + z 2 × Factor C2) × 52 × market level indicator;
b
in the case of a woman (other than a surviving spouse member) who has not attained pensionable age on the effective date —
X × Factor D × 52 × market level indicator
plus
(y 1 × Factor E1 + y 2 × Factor E2) × 52 × market level indicator
plus
(z 1 × Factor F1 + z 2 × Factor F2) × 52 × market level indicator;
c
in the case of a man (other than a surviving spouse member) who has attained pensionable age on the effective date —
X × Factor G × 52 × market level indicator
plus
(y 1 + y 2 ) × Factor H × 52 × market level indicator
plus
(z 1 + z 2 ) × Factor I × 52 × market level indicator;
d
in the case of a woman (other than a surviving spouse member) who has attained pensionable age on the effective date —
X × Factor J × 52 × market level indicator
plus
(y 1 + y 2 ) × Factor K × 52 × market level indicator
plus
(z 1 + z 2 ) × Factor L × 52 × market level indicator;
e
in the case of a man who is a surviving spouse member —
X × Factor M × 52 × market level indicator
plus
(z 1 + z 2 ) × Factor N × 52 × market level indicator;
f
in the case of a woman who is a surviving spouse member —
X × Factor O × 52 × market level indicator
plus
(y 1 + y 2 ) × Factor P × 52 × market level indicator
plus
(z 1 + z 2 ) × Factor Q × 52 × market level indicator;
where —
X is the relevant weekly amount relating to any relevant employment after 5th April 1997;
y 1 is the relevant weekly amount relating to any relevant employment before 6th April 1988 in a case where limited revaluation applies;
y 2 is the relevant weekly amount relating to any relevant employment before 6th April 1988 in a case where full or fixed revaluation applies;
z 1 is the relevant weekly amount relating to any relevant employment after 5th April 1988 and before 6th April 1997 in a case where limited revaluation applies;
z 2 is the relevant weekly amount relating to any relevant employment after 5th April 1988 and before 6th April 1997 in a case where full or fixed revaluation applies.
2
For the purposes of paragraph (1) —
a
the amount of each factor (that is Factor A, B1, B2 and so on) shall be —
i
in the case of a woman (other than a surviving spouse member) who has a pensionable age of between 60 and 65 and has not attained that age on the effective date, the amount derived from Table 4 in Schedule 1, being the amount shown for the relevant factor in the column below the relevant tax year, in relation to the tax year in which the member was born, as specified in the first column of that Table;
ii
in any other case, the amount shown in the column below the relevant factor, in whichever of Tables 1, 2, 3, 5 or 6 in Schedule 1 is applicable, in relation to the age attained by the member in the relevant tax year as specified in the first column of that Table;
b
“the relevant weekly amount” is the weekly amount, determined by the Secretary of State, representing —
i
as regards any relevant employment after 5th April 1997, the weekly amount of additional pension to which the member would be entitled, or would have become entitled at pensionable age, in respect of that employment, if the scheme had not been a contracted-out scheme (whether by virtue of his own contributions or, in the case of a surviving spouse member, by virtue of the earner’s contributions); and
ii
as regards any relevant employment before 6th April 1997, the member’s guaranteed minimum pension or any guaranteed minimum pension to which the member is, or would on attaining pensionable age be, treated as entitled by virtue of section 48 of the 1993 Act (reduced benefits where minimum payments or minimum contributions paid) in respect of that employment,
and, for the purposes of determining those weekly amounts, except where such provision made by the scheme as is mentioned in section 16(2) of the 1993 Act (revaluation of earnings factors: early leavers) applies, the earner’s earnings factors shall be taken to have been increased by reference to the last order under section 148 of the Social Security Administration Act 1992 to come into force before the end of the tax year preceding the relevant tax year;
c
full revaluation applies where, for the purposes of determining the relevant weekly amount, the earner’s earnings factors are taken to have been increased in accordance with sub-paragraph (b);
d
limited revaluation applies where the relevant weekly amount has been determined in accordance with any provision made by the scheme under subsection (3) of section 16 of the 1993 Act (as in force immediately before 6th April 1997) not conforming with the additional requirements referred to in that subsection;
e
fixed revaluation applies where the relevant weekly amount has been determined in accordance with such provision as is mentioned in that subsection as in force immediately after 5th April 1997; and
f
the market level indicator is the amount calculated in accordance with regulation 4 below.
Market Level Indicator
4
For the purposes of regulation 3 the market level indicator is —
in the case of a member who has attained pensionable age or who attains that age in the relevant tax year or who is a surviving spouse member, the index number shown in the second column of the Table in Schedule 2 opposite the range of yields shown in the first column of that Table in which falls the gross redemption yield compiled, on the effective date, by the Financial Times and the Faculty of Actuaries and Institute of Actuaries, applicable to 15-year British Government Stocks with medium coupons;
in the case of a member (other than a surviving spouse member) who attains an age in the relevant tax year which is 10 or more years below pensionable age, 3.5 per cent. divided by x per cent. where x per cent. is the net dividend yield, applicable on the effective date, to the All Share Index compiled by the Financial Times and the Faculty of Actuaries and Institute of Actuaries;
in the case of a member (other than a surviving spouse member) who attains an age in the relevant tax year which is less than 10 years below pensionable age, an average of the numbers derived from paragraphs (a) and (b) respectively, weighted according to the number of whole years remaining before the member attains that age, so that, for example —
where the age attained in the relevant tax year is 5 years less than pensionable age, the market level indicator is the sum of one half of the number derived from paragraph (a) and one half of the number derived from paragraph (b); and
where the age attained in that tax year is one year less than pensionable age, the market level indicator is the sum of nine tenths of the number derived from paragraph (a) and one tenth of the number derived from paragraph (b).
Amendment of the Occupational Pension Schemes (Contracting-out) Regulations 1996
5
After regulation 50 of the Occupational Pension Schemes (Contracting-out) Regulations 1996 there shall be inserted —
Persons to be regarded as members
50A
For the purposes of paragraph 5(3A) to (3E) of Schedule 2 to the 1993 Act and regulations 49 and 50 the persons to be regarded as members of an occupational pension scheme shall include a person who has the right to payment of a widow’s or widower’s pension under the scheme.
Signed by authority of the Secretary of State for Social Security.
John Y. Denham
Parliamentary Under-Secretary of State,
Department of Social Security
4th June 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Categorisation of Earners) Amendment Regulations 1998 and shall come into force on 17th July 1998.
2
In these Regulations “the principal Regulations ” means the Social Security (Categorisation of Earners) Regulations 1978 .
Amendment of regulation 1(2) of the principal Regulations
2
In regulation 1(2) of the principal Regulations (interpretation) after the definition of “educational establishment” there shall be inserted the following definition: —
“entertainer” means a person who is employed as an actor, singer or musician, or in any similar performing capacity; and “entertainment” shall be construed accordingly;
.
Amendment of Schedule 1 to the principal Regulations
3
In Part I of Schedule 1 to the principal Regulations (earners treated as employed earners) —
a
in sub-paragraph (b) of paragraph 2 in Column (B) the words from “actor” to “other” shall be omitted;
b
after paragraph 5 there shall be added the following entries in Columns (A) and (B) respectively —
5A
Employment as an entertainer, not being employment under a contract of service or in an office with emoluments chargeable to income tax under Schedule E.
5A
Any person in employment described in paragraph 5A in column (A) whose remuneration in respect of that employment (disregarding any payment in kind) does not consist wholly or mainly of salary.
.
Amendment of Schedule 3 to the principal Regulations
4
In Schedule 3 to the principal Regulations (employments in respect of which persons are treated as secondary Class 1 contributors) after paragraph 9 there shall be added the following entries in Columns (A) and (B) respectively: —
10
Employment as an entertainer (not being employment under a contract of service or in an office with emoluments chargeable to income tax under Schedule E) except where the earner is a person to whom paragraph 5A in column (B) of Schedule 1 to these Regulations applies.
10
The person who has engaged the entertainer under a contract for services for the provision of the entertainment which constitutes that employment.
.
Expiry of Regulations
5
These Regulations shall cease to have effect on 1st February 1999, and on and after that date the principal Regulations shall have effect as if these Regulations had not come into force.
Signed by authority of the Secretary of State for Social Security.
John Y. Denham
Parliamentary Under-Secretary of State,
Department of Social Security
15th July 1998


text:
Citation, commencement, extent and interpretation
1
1
This Order may be cited as the Housing Accommodation and Homelessness (Persons subject to Immigration Control) (Amendment) Order 1998 and shall come into force on 4th February 1998.
2
This Order does not extend to Scotland.
3
In this Order, “the 1996 Order ” means the Housing Accommodation and Homelessness (Persons subject to Immigration Control) Order 1996 .
Amendment of article 2 of the 1996 Order
2
1
Article 2 of the 1996 Order (interpretation) is amended as follows.
2
After the definition of “the 1971 Act”, insert —
“the 1985 Act ” means the Housing Act 1985 ;
“asylum-seeker” means a person who has made a claim for asylum which —
has been recorded by the Secretary of State as having been made; and
has not been recorded by the Secretary of State as having been finally determined or abandoned;
“child in need” has the same meaning as in section 17 of the Children Act 1989 (provision of services for children in need, their families and others);
.
3
After the definition of “the Convention”, insert —
“family” has the same meaning as in section 17 of the Children Act 1989;
.
Amendment of article 3 of the 1996 Order
3
In the 1996 Order, at the end of article 3 (classes specified under section 9(1)), add —
Class DA — an asylum-seeker who is owed a duty under section 21 of the National Assistance Act 1948 (duty of local authorities to provide accommodation);
Class DB — an asylum-seeker who is a child in need or a member of the family of such a child;
Class DC — a person who —
is owed a duty under section 63(1) (interim duty to accommodate in case of apparent priority need), 65(2) or (3) (duties to persons found to be homeless) or 68(1) or (2) (duties to persons whose applications are referred) of the 1985 Act ; and
falls within Class E or F specified in article 4 of this Order;
Class DD — a person —
who is owed a duty under section 188(1) (interim duty to accommodate in case of apparent priority need), 190(2) (duties to persons becoming homeless intentionally), 193(2) (duty to persons with priority need who are not homeless intentionally), 195(2) (duties in case of threatened homelessness) or 200(1), (3) or (4) (duties to applicant whose case is considered for referral or referred) of the Housing Act 1996; or
in respect of whom a local housing authority are exercising their power under section 194(1) (power exercisable after minimum period of duty under section 193) of that Act,
and who falls within Class B, C, D or H prescribed in regulation 3 of the Homelessness Regulations 1996 ;
Class DE — a person who is —
a national of a state which is a signatory to the European Convention on Social and Medical Assistance (done in Paris on 11th December 1953) or a state which is a signatory to the Council of Europe Social Charter (signed in Turin on 18th October 1961) ; and
habitually resident in the Common Travel Area;
Class DF — a person who has a secure tenancy within the meaning of section 79 of the 1985 Act.
.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
26th January 1998


text:
Citation and commencement
1
This Order may be cited as the Rating Lists (Valuation Date) Order 1998 and shall come into force on 18th February 1998.
Valuation date
2
1st April 1998 is specified under paragraph 2(3)(b) of Schedule 6 (valuation for non-domestic rating) to the Local Government Finance Act 1988 as the day by reference to which the rateable values of non-domestic hereditaments are to be determined for the purposes of the local and central non-domestic rating lists which are to be compiled for England and Wales on 1st April 2000.
Revocation
3
The Rating Lists (Valuation Date) Order 1992 is revoked.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
20th January 1998


text:
Citation and commencement
1
1
This Order may be cited as the London Docklands Development Corporation (Transfer of Property, Rights and Liabilities) (Urban Regeneration Agency) Order 1998.
2
This Order shall come into force on 31st March 1998.
Interpretation
2
In this Order —
“the Agency” means the Urban Regeneration Agency;
“the Company” means the Royal Docks Management Authority Limited (company number 2363622);
“the Corporation” means the London Docklands Development Corporation;
“the Maps” means the maps respectively labelled “Map 1”, “Map 2”, “Map 3” and “Map 4” entitled “Maps referred to in the London Docklands Development Corporation (Transfer of Property, Rights and Liabilities) (Urban Regeneration Agency) Order 1998”, one set of which, signed by an Under Secretary in the Government Office for London, has been deposited and is available for inspection at the offices of each of the following —
the Department of the Environment, Transport and the Regions;
the Agency;
the council of the London borough of Newham; and
the council of the London borough of Tower Hamlets.
Transfer of property, rights and liabilities
3
There are hereby transferred to the Agency on 31st March 1998 —
a
such ordinary shares in the share capital of the Company as are vested in the Corporation immediately before that date, together with any rights and liabilities which the Corporation has in relation to those shares;
b
the rights and liabilities of the Corporation under the shareholders' agreement entered into by the Corporation and the Company on 28th September 1990 as amended by a deed of variation made on 26th November 1991; and
c
the land which is shown bounded externally by a red line and coloured pink on the Maps, together with any rights and liabilities which the Corporation has in relation to that land.
Modification of the Leasehold Reform, Housing and Urban Development Act 1993
4
Notwithstanding anything in subsection (2)(b) of section 160 of the Leasehold Reform, Housing and Urban Development Act 1993 (general powers of Agency), the powers conferred on the Agency by subsection (1) of that section shall be taken to include power to acquire the shares, the rights and liabilities and the land transferred to it by article 3.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Richard Caborn
Minister of State,
Department of the Environment, Transport and the Regions
5th March 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Hertsmere (Electoral Changes) Order 1998.
2
This Order shall come into force on 6th May 1999, except that for the purpose of all proceedings preliminary or relating to an election to be held on or after that date this Order shall come into force on the day after that on which it is made.
3
In this Order–
“the borough” means the borough of Hertsmere;
“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 Borough of Hertsmere (Electoral Changes) Order 1998”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of Hertsmere
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into fifteen wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise 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 (2) 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 Hertsmere
3
1
Subject to the following provisions of this article, the election of councillors for wards of the borough shall be by thirds.
2
Elections of all councillors for wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 1999 .
3
The councillors holding office for any ward in the borough 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 borough is two, the first to retire shall, subject to paragraphs (7) and (8) below, be the councillor elected by the smaller number of votes.
6
Where the number of councillors elected in 1999 for any ward of the borough is three–
a
the first to retire shall, subject to paragraphs (7) and (8) below, be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
7
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any such year, the person to retire in that year shall be determined by lot.
8
If an election of councillors for any ward is not contested, the person to retire in each such year shall be determined by lot.
9
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
10
Except as otherwise provided in the foregoing paragraphs of this article, the term of office of councillors shall be four years and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly elected councillors shall come into office on the day on which their predecessors retire.
Wards of the parish of Aldenham
4
1
The existing wards of the parish of Aldenham shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names Aldenham East and Aldenham West and each parish ward shall comprise the area of the ward of the borough bearing the same name.
3
The number of councillors to be elected for each parish ward shall be six.
Wards of the parish of Elstree & Borehamwood
5
1
The existing wards of the parish of Elstree & Borehamwood shall be abolished.
2
The parish shall be divided into five parish wards which shall bear the names Borehamwood Brookmeadow, Borehamwood Cowley Hill, Borehamwood Hillside, Borehamwood Kenilworth and Elstree and each parish ward shall comprise the area of the ward of the borough bearing the same name.
3
The number of councillors to be elected for each of the Borehamwood Brookmeadow, Borehamwood Cowley Hill and Borehamwood Hillside wards shall be three and for each of the Borehamwood Kenilworth and Elstree wards shall be two.
Parish Council Elections
6
1
The term of office of any parish councillor elected on the ordinary day of election of councillors in 1999 for the parishes of Shenley and Ridge shall be three years.
2
Elections of all parish councillors for the parishes of Shenley and Ridge shall be held simultaneously on the ordinary day of election of councillors in 2002 and every fourth year after 2002.
3
Except as otherwise provided in the foregoing paragraphs of this article, the term of office of parish councillors shall be four years and all parish councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly elected parish councillors shall come into office on the day on which their predecessors retire.
Revocation
7
The Borough of Hertsmere (Electoral Arrangements) Order 1976 is hereby revoked.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
16th October 1998


text:
Title and commencement
1
These Regulations may be cited as the Hill Livestock (Compensatory Allowances) (Amendment) Regulations 1998 and shall come into force on 16th February 1998.
Amendments to the Hill Livestock (Compensatory Allowances) Regulations 1996
2
1
The Hill Livestock (Compensatory Allowances) Regulations 1996 shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph (1) of regulation 2 (interpretation) —
a
the definitions of “the 1995 Order” and “the 1984 Regulations” shall be revoked;
b
the following definition shall be inserted immediately after the definition of “the 1994 Regulations” —
“the 1997 Regulations ” means the Cattle Identification (Enforcement) Regulations 1997 ;
; and
c
in the definition of “the 1993 Suckler Cow Regulations” there shall be inserted at the end “, as amended at the time the Hill Livestock (Compensatory Allowances) (Amendment) Regulations 1998 are made”.
3
In paragraph (3) of regulation 2 there shall be substituted for “the Hill Livestock (Compensatory Allowances) (Amendment) Regulations 1997” the following —
the Hill Livestock (Compensatory Allowances) (Amendment) Regulations 1998
.
4
In paragraph (1A) of regulation 3 (compensatory allowances for breeding cows and ewes) —
a
there shall be substituted for “the 1997 Scheme year” the phrase “the 1998 Scheme year”;
b
in sub-paragraphs (a) and (b)(i), for “£97.50” there shall be substituted “£47.50”;
c
in sub-paragraph (b)(i), for “£121.49” there shall be substituted “£88.70”; and
d
in sub-paragraphs (b)(ii) and (c), for “£69.75” there shall be substituted “£23.75”.
5
In paragraph (1B) of regulation 3 —
a
there shall be substituted for “the 1997 Scheme year” the phrase “the 1998 Scheme year”; and
b
in sub-paragraph (b)(ii)(aa), for “£121.49” there shall be substituted “£88.70”.
6
In paragraph (2) of regulation 3, for “, the 1992 Regulations or the 1984 Regulations” there shall be substituted “or the 1992 Regulations”.
7
In paragraph (3) of regulation 3, the phrase “Subject to paragraph (3A)” shall be revoked.
8
Paragraph (3A) of regulation 3 shall be revoked.
9
In paragraph (5)(a) of regulation 9 (powers of authorised persons) —
a
the phrase “the 1995 Order or” shall be revoked; and
b
there shall be inserted after the phrase “the 1996 Order” the phrase “or the 1997 Regulations”.
10
In paragraph (4) of regulation 12 (withholding or recovery of compensatory allowance), for “article 5 of the 1995 Order” there shall be substituted “regulation 3(3) and (4) of the 1997 Regulations”.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
2nd February 1998
Sewel
Parliamentary Under Secretary of State, Scottish Office
3rd February 1998


text:
Citation and commencement and application
1
1
These Regulations may be cited as the Education (Grants for Education Support and Training) (England) Regulations 1998 and shall come into force on 1st April 1998.
2
These Regulations apply in relation to local education authorities in England.
Interpretation
2
1
In these Regulations —
“the 1989 Act ” means the Local Government and Housing Act 1989 ;
“the 1996 Act ” means the Education Act 1996;
“the 1995 Order ” means the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 1) (England) Order 1995 ;
“annual review meeting” means a meeting to review a statement of special educational needs such as is referred to in regulations 15(5), 16(3) and 17(3) of the Education (Special Educational Needs) Regulations 1994 ;
“approved expenditure” means any expenditure which is approved as provided in regulation 3 below;
“baseline assessment scheme” has the meaning given to it in section 15 of the Education Act 1997 ;
“basic curriculum” has the meaning given to it in section 352 of the 1996 Act;
“classroom assistant” means an employee of an education authority or of the governing body of a school who is normally present in a classroom with a teacher and who assists the teacher;
“core subjects” has the meaning given to it in section 354 of the 1996 Act;
“determine” means determine by notice in writing;
“early excellence centre” means an institution for providing education and other services for children under compulsory school age (whether or not it also provides such services for other persons) participating in the Department for Education and Employment’s pilot programme for early excellence centres;
“early years development partnership” means a body established by an education authority to work with the education authority to review the sufficiency of the provision of good quality nursery education and care in the education authority’s area and to prepare an early years development plan;
“early years development plan” means a statement prepared by an education authority in conjunction with the early years development partnership of their proposals for the provision of good quality nursery education and care for children in their area;
“education authority” means a local education authority;
“family literacy programmes” means programmes which enable parents to improve their own literacy skills whilst helping their children to read and write;
“infant class” means a class containing pupils the majority of whom will attain the age of five, six or seven during the course of the school year;
“key skills qualification” means a qualification accredited as such by the Qualifications and Curriculum Authority under section 24(2)(g) of the Education Act 1997;
“key stage 1” means the first key stage referred to in section 355(1)(a) of the 1996 Act;
“key stage 2” means the second key stage referred to in section 355(1)(b) of the 1996 Act;
“key stage 3” means the third key stage referred to in section 355(1)(c) of the 1996 Act;
“maintained school” means a school maintained by an education authority;
“National Grid for Learning” means a system of inter-connecting networks and education services based on the internet which is designed to support teaching, learning, training and administration in schools, the wider education service, and the community;
“non-maintained special school” means a special school which is neither a maintained special school nor a grant-maintained special school;
“nursery education” has the meaning given to it in section 1(2) of the Nursery Education and Grant-Maintained Schools Act 1996 ;
“prescribed expenditure” means
expenditure by an education authority for or in connection with any of the purposes specified in paragraphs 1-18, 19(a) or 20-24 of the Schedule; or
expenditure by an education authority which satisfies the conditions specified in paragraph (2) below for or in connection with the purpose specified in paragraph 19(b) of the Schedule;
“relevant lender” has the meaning given to it in regulation 65(1) of the Local Authorities (Capital Finance) Regulations 1997 ;
“specialist school” means a maintained school which specialises in —
mathematics, science and technology;
modern foreign languages;
the fine arts and performing arts; or
sport;
“standard task assessment” has the meaning given to it in article 5 of the 1995 Order;
“standards fund grant” means a grant under these Regulations;
“statement of special educational needs” has the meaning given to it in section 324 of the 1996 Act;
“study support centre” means a centre providing an out of school hours learning programme aimed at raising standards in literacy and numeracy;
“summer literacy school” means a scheme taking place during the summer holidays which aims to raise standards of literacy in pupils who are about to join secondary school;
“teacher” means a person who by virtue of regulations relating to the employment of teachers from time to time in force under section 218 of the Education Reform Act 1988 is qualified to be employed as a teacher at a school of the kind described in subsection (12) of that section; and
“youth and community worker” means a person employed or working in a voluntary capacity in connection with the provision of facilities of a kind mentioned in sections 2(3)(b) or 508 of the 1996 Act other than a person undertaking duties that are solely administrative, secretarial, clerical or manual.
2
The conditions referred to in sub-paragraph (b) of the definition of “prescribed expenditure” in paragraph (1) above are that on 1st April 1998 the education authority —
a
has a credit ceiling, as determined under Part III of Schedule 3 to the 1989 Act which was nil or a negative amount; and
b
had no money outstanding by way of borrowing other than —
i
short-term borrowing (within the meaning of section 45(6) of the 1989 Act); or
ii
borrowing undertaken before 24th August 1995, other than borrowing by the issue of stock on or after 15th December 1993 from a person who is not a relevant lender.
Expenditure in respect of which standards fund grants are payable
3
Standards fund grants shall only be payable in respect of prescribed expenditure incurred or to be incurred in a financial year to the extent to which that expenditure is approved for that year by the Secretary of State for the purposes of these Regulations.
Standards fund grants in respect of payments to third parties
4
Where —
a
an education authority incurs expenditure in making payments, whether by way of maintenance, assistance or otherwise, to any other body or persons (including another education authority) who incur expenditure for or in connection with educational purposes, and
b
that expenditure of the recipient of the payments or any part thereof would be prescribed expenditure if it were expenditure of the authority,
such payments shall to that extent be treated as prescribed expenditure for the purposes of these Regulations.
Rate of standards fund grant
5
1
Except as provided in paragraph (2) below, standards fund grants in respect of approved expenditure incurred on or after 1st April 1998 shall be payable at the rate of 50 per cent. of such expenditure.
2
Standards fund grants in respect of approved expenditure incurred on or after 1st April 1998 in respect of items referred to in the paragraphs of the Schedule listed in the left hand column of the table below shall be payable at the percentage rate of such expenditure specified in relation thereto in the right hand column of the table.
TABLE
Paragraph in Schedule Rate (%)
2a 100 5 100 18 75 19 100 20 80 22 100 23 100 24 100
Conditions for payment of standards fund grant
6
1
No payment of standards fund grant shall be made except in response to an application in writing from an education authority to the Secretary of State, authenticated by the officer of the authority responsible for the administration of their financial affairs or his deputy.
2
Applications for the payment of standards fund grant which relate to expenditure incurred on or after 1st April 1998 shall relate to expenditure over one or more of the periods specified in paragraph (3) below and shall specify the approved expenditure in respect of which grant is applied for which has been or which it is estimated will be incurred by the education authority during each such period.
3
The periods referred to in paragraphs (2), (4) and (6) of this regulation are —
a
1st April to 31st July;
b
1st August to 31st December;
c
1st January to 31st March.
4
Where an application relating to approved expenditure which has been or which it is estimated will be incurred during the period commencing on 1st January in any year is submitted under paragraph (1) above, such payment as the Secretary of State may determine may be made forthwith, but no further payment of standards fund grant shall be made in respect of that expenditure until a statement has been submitted in accordance with paragraph (5)(a) below.
5
Each education authority that has received or seeks to receive a payment of standards fund grant in respect of expenditure incurred during any financial year shall, before 31st July in the following financial year or as soon as practicable after that date —
a
submit to the Secretary of State a statement which shall specify the approved expenditure in respect of which standards fund grant has been or is being applied for which has been incurred by the education authority during that year; and
b
secure the submission to the Secretary of State of a certificate signed by the auditor appointed by the Audit Commission for Local Authorities and the National Health Service in England and Wales to audit the accounts of the authority or any auditor qualified for such appointment by virtue of section 13(5), (5A) and (6) of the Local Government Finance Act 1982 certifying that in his opinion the particulars stated in the statement submitted by the authority pursuant to this paragraph are fairly stated and that the expenditure incurred was approved for the purposes of section 484 of the 1996 Act.
6
No payment of standards fund grant shall be made in respect of expenditure incurred by an education authority in the period beginning on 1st August in any year or any subsequent period if standards fund grant was paid to the authority in respect of expenditure in the previous financial year but the Secretary of State has not yet received the auditor’s certificate referred to in paragraph 5(b) above for that year.
7
Any under-payment or over-payment of standards fund grant which remains outstanding following receipt of the auditor’s certificate referred to in paragraph (5)(b) above shall, without prejudice to the recovery of any over-payment from any subsequent payment of standards fund grant to the education authority, be adjusted by payment between the authority and the Secretary of State.
7
Where at the time of approving expenditure for the purposes of these Regulations, the Secretary of State requests information in respect of any purpose listed in the Schedule, payment of standards fund grant in respect of that purpose shall be conditional on that information being included in the education authority’s application for payment of grant.
8
1
The Secretary of State may from time to time determine further conditions on the fulfilment of which the making of any payment under these Regulations shall be dependent.
2
Where conditions have been determined under this regulation no standards fund grant shall be payable unless such conditions have either been fulfilled or been withdrawn under paragraph (3) below.
3
The Secretary of State may determine to withdraw or, after consulting the education authority, vary conditions determined under this regulation.
Requirements to be complied with
9
Any education authority to whom a payment of standards fund grant has been made shall, if so required by the Secretary of State, furnish him with such further information as may be required to enable him to verify that any grant paid has been properly paid under these Regulations.
10
1
Any education authority to whom a payment of standards fund grant has been made shall comply with such requirements as may be determined by the Secretary of State in the case in question.
2
Requirements determined under this regulation may include requirements as to —
a
the repayment of standards fund grant;
b
the payment to the Secretary of State of other sums related to the value of assets acquired, provided or improved —
i
with the aid of standards fund grant; or
ii
by any other body or persons referred to in regulation 4(a) above with the aid of payments made by the authority in respect of which standards fund grant has been paid; or
c
the payment of interest on sums due to the Secretary of State.
11
1
The Secretary of State may require any education authority to whom a payment of standards fund grant in respect of the items specified in paragraphs 1, 3, 6(a), 6(c), 6(d), 6(e), 7(c), 9, 13, 14, 18, 19 or 21 of the Schedule is made to delegate decisions about the spending of —
a
such grant, and
b
the amount allocated by the authority to meet the prescribed expenditure approved in accordance with regulation 3,
to the governing body of a maintained school.
2
The Secretary of State may determine to withdraw or, after consulting the education authority, vary requirements determined in pursuance of this regulation.
Revocation and transitional provisions
12
1
The following Regulations are hereby revoked, namely —
a
The Education (Grants for Education Support and Training: Nursery Education) (England) Regulations 1996 ;
b
the Education (Grants for Education Support and Training) (England) Regulations 1997 ;
c
the Education (Grants for Education Support and Training) (England) (Amendment) Regulations 1997 , and
d
the Education (Grants for Education Support and Training) (England) (Amendment) Regulations 1998 .
2
Nothing in paragraph (1) above shall prevent the Secretary of State making payments of grant authorised by the Regulations revoked by that paragraph in respect of expenditure incurred on or before 31st March 1998 or affect any condition or requirement determined by or in accordance with any of those Regulations.
Stephen Byers
Minister of State,
Department for Education and Employment
10th March 1998


text:
Citation and commencement
1
This Order may be cited as the Greenwich Healthcare National Health Service Trust (Establishment) Amendment Order 1998 and shall come into force on 19th June 1998.
Amendment of Establishment Order
2
In the Greenwich Healthcare National Health Service Trust (Establishment) Order 1992 : —
a
for Article 3 there shall be substituted the following Article: —
Nature and functions of the trust
3
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more Health Authorities) shall be —
a
to own and manage pursuant to section 5(1)(a) of the Act the premises specified in Part I of the Schedule to this Order, and there to provide and manage hospital accommodation and services;
b
to provide and manage pursuant to section 5(1)(b) of the Act the premises specified in Part II of the Schedule to this Order, and there to provide and manage hospital accommodation and services;
c
to provide and manage pursuant to section 5(1)(a) of the Act the premises specified in Part III of the Schedule to this Order, and there to provide and manage community health services; and
d
to provide and manage pursuant to section 5(1)(b) of the Act the premises specified in Part IV of the Schedule to this Order, and there to provide and manage community health services.
; and
b
at the end there shall be added the Schedule set out in the Schedule to this Order.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,
Department of Health
5th June 1998