text:
Title and commencement
1
These Regulations may be cited as the Specified Risk Material (Amendment) Regulations 1998 and shall come into force on 19th October 1998.
Amendments to the Specified Risk Material Regulations 1997
2
1
The Specified Risk Material Regulations 1997 are amended in accordance with the following paragraphs of this regulation.
2
The following definition is inserted between the definitions of “licensed” and “official veterinary surgeon” in paragraph (1) of regulation 2 (interpretation) —
“listed premises” means those premises notified to the Minister by the Ministere de l'agriculture et de la pêche of the French Republic and published by notice in the London and Edinburgh Gazettes;
.
3
The following paragraph is inserted between paragraphs (2) and (3) of regulation 2 —
2A
In these Regulations, the word “whole” in each of the phrases “intended for export whole” and “exporting it whole” means without having been longitudinally split through the middle of its vertebral column.
.
4
In regulation 7 (specified risk material for human consumption) the following paragraph is inserted at the end —
6
Nothing in paragraph (1) above shall prevent the sale for human consumption of a sheep carcase containing its spinal cord (that cord being specified risk material) if —
a
the carcase is intended for export whole direct to listed premises;
b
the person selling it has in his possession the declaration required by regulation 10(10)(b) below; and
c
the carcase has been marked in accordance with regulation 16A below.
.
5
In regulation 10 (initial treatment of bovine, sheep and goat carcases in a slaughterhouse) the following paragraph is inserted at the end —
10
Nothing in paragraph (2) above shall require the removal of a spinal cord (that cord being specified risk material) from the carcase of a sheep which has been slaughtered in a slaughterhouse if —
a
the carcase is intended for export whole direct to listed premises;
b
the occupier of the slaughterhouse concerned provides a written declaration to an official veterinary surgeon —
i
indicating that he believes that the carcase is intended for export whole direct to listed premises, and
ii
specifying the date on which and the place and time at which the carcase was loaded into the particular sealed vehicle by which it is intended that it be moved for the purpose of exporting it whole direct to listed premises; and
c
the carcase has been marked in accordance with regulation 16A below.
.
6
The following regulation is inserted between regulations 16 and 17 —
Marking of sheep carcases intended for export whole direct to listed premises
16A
1
In the case of any carcase to which regulation 10(10) above applies, the occupier of the slaughterhouse at which the sheep concerned was slaughtered shall ensure that its carcase is marked in accordance with the following paragraphs of this regulation.
2
The mark required by paragraph (1) above (“the export mark”) shall consist of a circular mark 5 centimetres in diameter containing in legible form in letters 1 centimetre high the legend “MHS FR” and shall be applied by an official veterinary surgeon, an authorised officer of the enforcement authority, an inspector or a meat technician acting under the responsibility of an official veterinary surgeon, and no other person shall apply the export mark or possess the equipment for applying that mark.
3
No person shall —
a
apply the export mark to a sheep carcase unless it contains its spinal cord (that cord being specified risk material) and it is intended for export whole direct to listed premises; or
b
do any other thing which is likely to lead any person wrongly to believe that a sheep carcase —
i
still contains its spinal cord (that cord being specified risk material), and
ii
is intended for export whole direct to listed premises.
4
The Minister may in relation to any slaughterhouse appoint as meat technicians such number of persons as are necessary to assist the official veterinary surgeon and inspectors in carrying out their functions under paragraph (2) above.
.
7
Paragraph (1) of regulation 17 (transportation of unmarked carcases of sheep and goats) is amended as follows —
a
the word “or” at the end of sub-paragraph (b) is revoked;
b
the word “or” is inserted at the end of sub-paragraph (c); and
c
the following sub-paragraph is inserted after sub-paragraph (c) —
d
in the case of a sheep carcase, one which —
i
contains its spinal cord (that cord being specified risk material),
ii
is intended for export whole direct to listed premises, and
iii
is moved in a sealed vehicle.
.
8
The following paragraph is substituted for paragraph (2) of regulation 17 —
2
No person shall transport a carcase in accordance with paragraph (1) above unless the carcase is accompanied by a document indicating —
a
(in all cases) the name, address and licence number of the slaughterhouse from which the carcase is being transported;
b
(in the case where the carcase is being transported to authorised cutting premises) the name, address and licence number of those premises; and
c
(in the case of the transportation referred to in sub-paragraph (d) of that paragraph) the name and address of the listed premises to which it is intended the carcase will be exported.
.
9
In paragraph (1) of regulation 18 (presence of an official veterinary surgeon) the words “or to listed premises” are inserted after the word “premises”.
10
The following paragraphs are inserted at the end of regulation 19 (possession of unmarked carcases of sheep and goats) —
3
No person shall transport a sheep carcase —
a
intended for export whole direct to listed premises; and
b
containing its spinal cord (that cord being specified risk material),
unless, first, he has in his possession (in addition to the document required by regulation 17(2) above) a copy of the declaration required by regulation 10(10)(b) above and, second, the carcase has been marked in accordance with regulation 16A above.
4
Where an authorised officer of the enforcement authority certifies that any sheep carcase has been possessed in contravention of paragraph (1) above or transported in contravention of paragraph (3) above that carcase shall be treated for the purposes of section 9 of the Food Safety Act 1990 as failing to comply with food safety requirements.
.
11
The following regulation is inserted after regulation 19, as part of Part V —
Arrival of carcases at listed premises
19A
1
The occupier of each slaughterhouse from which any sheep carcase containing its spinal cord (that cord being specified risk material) has been moved in a sealed vehicle for the purpose of exporting it whole direct to listed premises shall as soon as is practicable after the end of the third complete working day following the day of its departure from the slaughterhouse concerned give written notice to the person who supervised its loading into that vehicle in accordance with regulation 18(1) above as to whether or not he has received confirmation of the carcase’s arrival at the listed premises concerned.
2
In paragraph (1) above, the reference to a “working day” is a reference to a day which is a working day in the part of Great Britain where the slaughterhouse from which the sheep carcase concerned has been moved is situated; and for that purpose —
a
a working day in England and Wales is a day which is not —
i
a Saturday or a Sunday,
ii
a common law holiday there, or
iii
a bank holiday there under the Business and Financial Dealings Act 1971 ; and
b
a working day in Scotland is a day which is not —
i
a Saturday or a Sunday, or
ii
a bank holiday there under the Business and Financial Dealings Act 1971.
.
12
In regulation 29 (offences and penalties) the following paragraph is inserted between paragraphs (2) and (3) —
2A
If any person makes a declaration under regulation 10(10)(b) above —
a
knowing it to be false or misleading in a material particular; or
b
being reckless as to whether it is false or misleading in a material particular,
he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
.
13
In paragraph (3) of regulation 29, the phrase “or under paragraph (2A) above” is inserted before the word “shall”.
Nick Brown
Minister of Agriculture, Fisheries and Food
23rd September 1998
Frank Dobson
Secretary of State for Health
25th September 1998
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
24th September 1998
Donald Dewar
Secretary of State, Scottish Office
28th September 1998


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Gaming Duty (Amendment) Regulations 1998 and shall come into force on 1st October 1998.
Interpretation
2
In these Regulations “quarter” means the first three months of an accounting period.
Application
3
These Regulations apply in the case of payments on account of gaming duty for any quarter that ends on or after 31st October 1998.
The amount of payments on account
4
For the purpose of calculating payments on account of gaming duty in the cases to which these Regulations apply the following Table shall be substituted for the Table in regulation 5 of the Gaming Duty Regulations 1997 .
TABLE
Part of gross gaming yield Rate
The first £225,000 2 1/2 per cent. The next £500,000 12 1/2 per cent. The next £500,000 20 per cent. The next £875,000 30 per cent. The remainder 40 per cent.
A. R. Rawsthorne
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
25th August 1998


text:
Commencement and Citation
1
This Order may be cited as The A41 Trunk Road (Camden) Red Route Traffic Order 1998 Variation Order 1998, and shall come into force on 11th January 1999.
Variations
2
The A41 Trunk Road (Camden) Red Route Traffic Order 1998 is varied as provided by the following provision of this Order.
3
In schedule 2B, the following text is added after item 6:
6A
Finchley Road, south-west side, from a point 1 metre south-east of the party wall of 303 and 305 Finchley Road south-eastward for a distance of 12 metres.
4
In schedule 3B, item 11 is substituted as follows:
Finchley Road, north-east side, from the party wall of 144 and 146 Finchley Road south-eastwards for a distance of 18 metres.
5
In schedule 4, item 14 is substituted as follows:
Finchley Road, north-east side, between a point 26 metres north-west of the north-western kerb-line of Frognal Court and the party wall of 144 and 146 Finchley Road.
6
In schedule 4, item 15 is substituted as follows:
Finchley Road, north-east side, between a point 18 metres south-east of the party wall of 144 and 146 Finchley Road and a point 2 metres north-west of the north-western boundary of No. 134 Finchley Road.
7
In schedule 4, item 33 is substituted as follows:
Finchley Road, south-west side, from the party wall of 307 and 309 Finchley Road to a point 1 metre south-east of the party wall of 303 and 305 Finchley Road.
8
In schedule 4 the following text is added after item 33:
33A
Finchley Road, south-west side, from a point 13 metres south-east of the party wall of 303 and 305 Finchley Road to a point 16 metres north-west of the party wall of 283 and 285 Finchley Road.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
18th December 1998


text:
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 1998 and shall come into force on 1st July 1998.
2
1
The Motor Vehicles (Driving Licences) Regulations 1996 shall be amended as provided in paragraphs (2) and (3) below.
2
For regulation 18 there shall be substituted —
Signatures on licences
18
In order that a licence may show the usual form of signature of its holder —
a
where the licensing authority so requires, a person applying for a licence shall provide the licensing authority with a specimen of his signature which can be electronically recorded and reproduced on the licence;
b
where no such requirement is made, a person to whom a licence is granted shall forthwith sign it in ink in the space provided.
.
3
For Schedule 3 (licence fees) there shall be substituted the provisions set out in the Schedule hereto.
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 We approve the making of these Regulations
11th May 1998
Graham Allen
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
14th May 1998


text:
Citation and commencement
1
This Order may be cited as the Local Authorities (Goods and Services) (Public Bodies) (No.5) Order 1998 and shall come into force on 30th December 1998.
Designation of public bodies
2
Each of the bodies named in column (1) of the Schedule to this Order, being a person appearing to the Secretary of State for the Environment, Transport and the Regions and to the Secretary of State for Wales to be exercising functions of a public nature, shall be a public body for the purposes of the Local Authorities (Goods and Services) Act 1970 in its application to England and Wales.
Restrictions on agreements
3
Agreements which may be entered into by virtue of this Order by any of the bodies mentioned in article 2 above shall be restricted in each case to agreements with an authority named in column (2) of the Schedule to this Order in respect of each such body for the supply of goods or materials or the provision of administrative, professional or technical services by that authority to that body in connection with the purposes of regeneration or economic development of any part of that authority’s area.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
23rd November 1998
Signed by authority of the Secretary of State for Wales,
Jon Owen Jones
Parliamentary Under-Secretary of State, Welsh Office
30th November 1998


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Upper Thames Tributaries) Designation (Amendment) Order 1998 and shall come into force on 1st September 1998.
2
The Environmentally Sensitive Areas (Upper Thames Tributaries) Designation Order 1994 shall be amended in Article 7(5) by the substitution, for “£3”, of “£3.50”.
Saving
3
Article 2 of this Order shall not have effect for the purposes of any annual payment to a farmer which relates wholly or in part to any period before 1st September 1998.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
17th July 1998
We consent,
Jim Dowd
Graham Allen
Two of the Lords Commissioners of Her Majesty’s Treasury
21st July 1998


text:
Citation and commencement
1
These Regulations may be cited as the Education (Government of New Schools on Transition to New Framework) Regulations 1998 and shall come into force on 1st January 1999.
Interpretation
2
1
In these Regulations–
“the 1996 Act ” means the Education Act 1996 ;
“relevant school” means a county, voluntary or maintained special school (within the meaning of the 1996 Act) proposals for the establishment of which are implemented on or after 1st January 1999 and which has a temporary governing body.
2
Expressions used in these Regulations set out in the first column of the table below have the meaning given by, or (as the case may be) are to be interpreted in accordance with, the provisions referred to in the second column of that table:
“appointed day” section 20(7) of the School Standards and Framework Act 1998 ; “governing body” section 182 of the 1996 Act; “instrument of government” section 76(1) of the 1996 Act; “relevant proposals” section 181(2) of the 1996 Act; “temporary governing body” section 181(3) of the 1996 Act.
No requirement for instrument of government
3
Section 76 of the 1996 Act shall not apply in relation to any relevant school.
Arrangement for constitution of temporary governing body
4
In relation to any relevant school, section 96(1) and (3) and section 97(1) and (2) of the 1996 Act shall have effect as if any reference (however expressed) to an arrangement for the constitution of a temporary governing body for the school in question pending the constitution of its governing body under an instrument of government were a reference to such an arrangement pending the appointed day.
Temporary governing body treated as governing body
5
1
The temporary governing body of a relevant school shall continue in existence and be treated as if they were the governing body during the period commencing on the date on which the relevant proposals are implemented and ending immediately before the appointed day.
2
References to “temporary governing body” in Schedule 12 to the 1996 Act do not include a temporary governing body referred to in paragraph (1) above.
Requirement for articles of government
6
In relation to any relevant school, paragraph 1(1) of Schedule 19 to the 1996 Act shall have effect as if there were substituted for the words “until the requirement for there to be an instrument of government for the school takes effect under section 99”, the words “until the date on which the relevant proposals are implemented”.
Conduct of relevant school
7
In relation to any relevant school, paragraph 3 of Schedule 19 to the 1996 Act shall have effect as if there were substituted for the words “a governing body is constituted for the school under an instrument of government”, the words “1st September 1999”.
Consequential provisions
8
The following provisions of the 1996 Act shall not apply to relevant schools–
a
sections 89 to 95;
b
section 96(5);
c
section 97(8);
d
section 100;
e
Schedule 10; and
f
paragraphs 11(2) and 15(2) of Schedule 19.
Estelle Morris
Minister of State,
Department for Education and Employment
3rd December 1998
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
8th December 1998


text:
1
This Order may be cited as the Financial Services (Designated Countries and Territories) (Overseas Insurance Companies) Order 1998, and shall come into force on 16th July 1998.
2
The Bailiwick of Jersey is designated for the purposes of section 130 of the Financial Services Act 1986.
Graham Allen
Jon Owen Jones
Two of the Lords Commissioners of Her Majesty’s Treasury
24th June 1998


text:
Title and commencement
1
These Regulations may be cited as the Medicines (Sale or Supply) (Miscellaneous Provisions) Amendment Regulations 1998 and shall come into force on 6th May 1998.
Amendment of the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980
2
The Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980 shall be amended in accordance with the following regulation.
3
1
In regulation 1(2)(a) (interpretation) for the definition of “the Veterinary Drugs Exemption Order” there shall be substituted the following definition:
“the Veterinary Drugs Exemption Order ” means the Medicines (Exemptions for Merchants in Veterinary Drugs) Order 1998 ;
,
2
in regulation 2 (enforcement of sections 53, 54 and 66) for the words “specified in Articles 3 and 4 of the Veterinary Drugs Exemption Order” in each place where they appear there shall be substituted the words “to which the Veterinary Drugs Exemption Order applies”,
3
regulation 3 (safekeeping of certain veterinary drugs) shall be revoked, and
4
in regulation 9 (offences) for “regulations 3, 4 or 6” there shall be substituted “regulation 4 or 6”.
Signed by authority of the Secretary of State for Health
Jay
Minister of State,
Department of Health
1st April 1998
Parliamentary Under Secretary of State, Scottish Office
Sewel
1st April 1998
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
3rd April 1998
Minister of State, Ministry of Agriculture, Fisheries and Food
Jeff Rooker
9th April 1998
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this
D C Gowdy
Permanent Secretary
9th day of April 1998
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this
P J Small
Permanent Secretary
9th day of April 1998


text:
Citation and commencement
1
This Order may be cited as the Glasgow City (Electoral Arrangements) Order 1998 and shall come into force on 1st January 1999.
Interpretation
2
In the Schedule to this Order–
a
a reference to–
i
an electoral ward is a reference to that electoral ward as constituted in this Order; and
ii
a road, footpath, railway line, river, burn or canal shall, where the context so admits, be construed as a reference to the centre line of the feature concerned; and
b
the following abbreviations are used:–
“EW” for electoral ward;
“NG Ref” for National Grid Reference as published on Ordnance Survey Maps.
Electoral arrangements
3
The area of Glasgow City Council shall be divided into 79 wards, having the names, contents and boundaries set forth in the Schedule to this Order.
Henry B McLeish
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
25th November 1998


text:
1
This Order may be cited as The A3 Trunk Road (Kingston and Wandsworth) (Temporary 30mph Speed Restriction) Order 1998 and shall come into force on the 2nd February 1998.
2
This Order is made because the Traffic Director for London is satisfied that traffic in those lengths of the A3 Trunk Road known as Robin Hood Way, Kingston Vale and Roehampton Vale as specified in the schedule to this order should be restricted to 30mph because works are proposed to be executed on Kingston Vale and Robin Hood Way that could not safely be carried out with the existing speed limit in force.
3
During the period starting at 00.01 hours on 2 February 1998 and ending at 23:59 on 31 July 1999 or when those works have been completed, whichever is the sooner, subject to the provisions of article 4 below, no person shall cause or permit any vehicle to travel at a speed exceeding 30mph those lengths of road specified in the schedule to this order.
4
1
The provisions of article 3 above shall apply only during such times and to such extent as may from time to time be indicated by traffic signs.
2
The provisions specified in article 3 above shall not apply in respect of —
i
any vehicle being used for fire brigade, ambulance or police purpose, or
ii
anything done with the permission or at the direction of a police constable in uniform.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
30th January 1998


text:
Citation and commencement
1
This Order may be cited as the London Traffic Control System (Transfer) (Amendment) Order 1998 and shall come into force on 1st April 1998.
Amendment of the London Traffic Control System (Transfer) Order 1988
2
For article 3 of the London Traffic Control System (Transfer) Order 1988 (which authorises the Common Council of the City of London to act as agent for the Secretary of State) there shall be substituted the following article —
Authority of the London borough councils and the Common Council to act as agents for the Secretary of State
3
1
For the purpose of securing the control, management, development and extension of the London traffic signal and control system, any London borough council may, on its own or jointly with other such councils, act as the agent of the Secretary of State in the control, management, development and extension of that system.
2
In this article “London borough council” includes the Common Council.
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
10th March 1998


text:
Citation and commencement
1
This Order may be cited as the Deregulation (Taxis and Private Hire Vehicles) Order 1998 and shall come into force 28 days after the day on which it is made.
Qualifications for drivers of private hire vehicles
2
In section 51 of the Local Government (Miscellaneous Provisions) Act 1976 (licensing of drivers of private hire vehicles), in subsection (1) as inserted by the Driving Licences (Community Driving Licence) Regulations 1996 , in paragraph (b) after “section 99A(1)” there shall be inserted “or section 109(1)” .
Qualifications for drivers of taxis
3
In section 59 of the Local Government (Miscellaneous Provisions) Act 1976 (qualifications for drivers of hackney carriages), in subsection (1A) as inserted by the Driving Licences (Community Driving Licence) Regulations 1996 , in paragraph (b) after “section 99A(1)” there shall be inserted “or section 109(1)”.
Signed by authority of the Secretary of State
Glenda Jackson
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
8th August 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Three Rivers (Parishes and Electoral Changes) Order 1998.
2
This Order shall come into force–
a
for the purposes of article 2 on 1st April 1999;
b
for the purposes of all other articles on 6th May 1999;
except that for the purpose of all proceedings preliminary or relating to an election to be held on or after 6th May 1999 this Order shall come into force on the day after that on which it is made.
3
In this Order–
“the district” means the district of Three Rivers;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to “the map” is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the District of Three Rivers (Parishes and Electoral Changes) Order 1998”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Transfers between parishes in Three Rivers
2
The area marked A on sheet 3 shall cease to form part of the parish of Watford Rural and shall become an unparished part of the district.
Wards of Three Rivers
3
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty 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 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 Three Rivers
4
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 (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 district 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 paragraph 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 Abbots Langley
5
1
The existing wards of the parish of Abbots Langley shall be abolished.
2
The parish shall be divided into five parish wards which shall bear the names Abbots Langley, Bedmond, Langleybury, Leavesden and Primrose Hill and the wards shall comprise the areas designated on sheet 6 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each parish ward shall be one in each case for Bedmond and Primrose Hill, four in each case for Abbots Langley and Langleybury and five in the case of Leavesden.
Wards of the parish of Chorleywood
6
1
The existing wards of the parish of Chorleywood shall be abolished.
2
The parish shall be divided into five wards which shall bear the names Chorleywood Cedars, Chorleywood Chenies, Chorleywood East, Chorleywood Quickwood and Chorleywood West and the wards shall comprise the areas designated on sheet 5 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each parish ward shall be one in the case of Chorleywood Quickwood, two in the case of Chorleywood Cedars, three in the case of Chorleywood Chenies, five in the case of Chorleywood West and six in the case of Chorleywood East.
Wards of the parish of Croxley Green
7
1
The existing wards of the parish of Croxley Green shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Croxley Green, Croxley Green North and Croxley Green South 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 in each case for Croxley Green North and Croxley Green South and six in the case of Croxley Green.
Wards of the parish of Watford Rural
8
1
The existing wards of the parish of Watford Rural shall be abolished.
2
The parish shall be divided into five parish wards which shall bear the names Ashridge, Carpenders Park, Hayling, Northwick and Oxhey Hall and the wards shall comprise the areas designated on sheet 3 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each parish ward shall be two in the case of Ashridge and three in each case for Carpenders Park, Hayling, Northwick and Oxhey Hall.
Parish council elections
9
1
The term of office of any parish councillor elected on the ordinary day of election of councillors in 1999 for the parish of Chorleywood shall be three years.
2
Except as otherwise provided in the foregoing paragraph 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
10
The District of Three Rivers (Electoral Arrangements) Order 1975 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 United Leeds Teaching Hospitals National Health Service Trust (Dissolution) Order 1998 and shall come into force on 1st April 1998.
Dissolution of NHS trust
2
The United Leeds Teaching Hospitals National Health Service Trust established by the United Leeds Teaching Hospitals (Establishment) Order 1994 is hereby 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
18th March 1998


text:
1
1
This Order may be cited as the Combined Probation Areas (Leicestershire and Rutland ) Order 1998.
2
This Order shall come into force on 1st April 1998.
2
For the reference to Leicestershire as a probation area in Schedule 2 to the Combined Probation Areas Order 1986 there shall be substituted a reference to Leicestershire and Rutland.
Joyce Quin
Minister of State
Home Office
5th March 1998


text:
Citation and commencement
1
This Order may be cited as the Dentists Act 1984 (Amendment) Order 1998 and shall come into force on 17th July 1998.
Amendment of section 40 of the Dentists Act 1984
2
In section 40 of the Dentists Act 1984 (definition of business of dentistry), in subsection (2), after paragraph (a) insert —
ab
by a person (other than one falling within paragraph (a) above) providing personal dental services under section 28C of the National Health Service Act 1977 or section 17C of the National Health Service (Scotland) Act 1978 , or
.
Frank Dobson
One of Her Majesty’s Principal Secretaries of State,
Department of Health
23rd June 1998


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Controlled Foreign Companies (Excluded Countries) Regulations 1998, shall come into force on 31st December 1998, and shall have effect with respect to any appropriate accounting period of a relevant company.
2
In this regulation–
“appropriate accounting period” means an accounting period ending on or after the day to be appointed under section 199 of the Finance Act 1994 (corporation tax self-assessment);
“relevant company” means a company resident in the United Kingdom that had a relevant interest in a controlled foreign company at any time during an accounting period of the controlled foreign company ending in an appropriate accounting period of the relevant company;
“relevant interest” shall be construed in accordance with section 752A of the Taxes Act .
Interpretation
2
1
In these Regulations unless the context otherwise requires–
“controlled foreign company” shall be construed in accordance with section 747(2) of the Taxes Act;
“gains” in relation to a controlled foreign company means any gains of that company other than a gain accruing to the company on a disposal of an asset which, on the assumption that the company was within the charge to corporation tax, would have fallen to be treated as a chargeable gain and would not have been taken into account as a receipt in computing the company’s income or profits or gains or losses for the purposes of the Income Tax Acts;
“insurance company” means a company carrying on “long-term business” or “general business” within the meaning of section 1 of the Insurance Companies Act 1982 ;
“Schedule 1” and “Schedule 2” mean Schedule 1 and Schedule 2 respectively to these Regulations;
“section 748(1)(e)” means section 748(1)(e) of the Taxes Act;
“the Taxes Act” means the Income and Corporation Taxes Act 1988.
2
For the purposes of these Regulations a company is resident in a territory if–
a
by reason of the law of that territory relating to domicile, residence or place of management, the company is liable to tax in that territory, or
b
if there is either no such law or such law does not apply to the company, the company is incorporated in that territory;
and references in these Regulations to the territory of residence of a company shall be construed accordingly.
3
For the purposes of these Regulations a controlled foreign company is resident in a territory, within the meaning of paragraph (2), in an accounting period only if it is so resident throughout that accounting period.
4
References in these Regulations to a branch or agency of a controlled foreign company are references to a branch or agency situated in a territory other than the territory of residence of the controlled foreign company.
Limitation on apportionment of chargeable profits of a controlled foreign company — specified territories
3
The territory in which a controlled foreign company is required to be resident as respects an accounting period for the purposes of section 748(1)(e) is–
a
as respects an accounting period beginning before 9th July 1998, any territory specified in Part I or in Part II of Schedule 1;
b
as respects an accounting period beginning on or after that date, any territory specified in Part I or in Part II of Schedule 2.
Limitation on apportionment of chargeable profits of a controlled foreign company — conditions to be satisfied
4
1
Paragraph (2) specifies the condition which is required to be satisfied as respects an accounting period, for the purposes of section 748(1)(e), by a controlled foreign company which is resident in a territory specified in Part I of Schedule 1 or, as the case may be, in Part I of Schedule 2, in that accounting period.
2
The condition specified is that the requirement with respect to the controlled foreign company’s income and gains specified in regulation 5 is satisfied by the controlled foreign company in relation to that accounting period.
3
Paragraph (4) specifies the conditions which are required to be satisfied as respects an accounting period, for the purposes of section 748(1)(e), by a controlled foreign company which is resident in a territory specified in column 1 of Part II of Schedule 1 or, as the case may be, in column 1 of Part II of Schedule 2, in that accounting period.
4
The conditions specified in this paragraph are that the controlled foreign company–
a
satisfies the requirement with respect to its income and gains specified in regulation 5 in relation to that accounting period, and
b
at no time during that accounting period–
i
is entitled to any tax exemption, tax reduction or other benefit, or
ii
falls within any condition,
specified in column 2 of Part II of Schedule 1 or, as the case may be, in column 2 of Part II of Schedule 2, opposite the specification of the territory in which the controlled foreign company is resident.
Income and gains requirement
5
1
The requirement with respect to the income and gains of a controlled foreign company as respects an accounting period is that the amount of its non-local source income arising in that accounting period does not exceed whichever is the greater of–
a
£50,000 or, where that accounting period is less than twelve months in duration, that amount proportionately reduced, and
b
an amount equal to ten per cent. of its commercially quantified income arising in that accounting period.
2
In paragraphs (1) and (3) “commercially quantified income” means the amount of profits of the controlled foreign company before tax, determined in accordance with generally accepted accounting standards other than an equity basis of accounting, but disregarding capital profits or losses.
3
Subject to paragraph (4) (special rules for banks and insurance companies), for the purposes of paragraph (1) the amount of a controlled foreign company’s non-local source income arising in an accounting period is the aggregate of the following amounts, namely–
a
the gross amount of income consisting of distributions recognised as income in computing the commercially quantified income of that company for that period from the profits of companies not resident in the territory of residence of that company, other than branch or agency income;
b
the gross amount of income and gains recognised as income in computing the commercially quantified income of that company for that period and deriving from loans to, or deposits with, persons not resident in the territory of residence of that company, or branches or agencies situated outside that territory of companies resident in that territory, other than branch or agency income and gains;
c
the gross amount of income and gains recognised as income in computing the commercially quantified income of that company for that period in relation to royalties payable by persons not resident in the territory of residence of that company, or by branches or agencies situated outside that territory of companies resident in that territory, other than branch or agency income and gains;
d
the gross amount of income and gains recognised as income in computing the commercially quantified income of that company for that period in relation to premiums and rents payable in respect of property situated outside the territory of residence of that company by persons not resident in that territory, or by branches situated outside that territory of companies resident in that territory, other than branch or agency income and gains;
e
the amount of any branch or agency income and gains recognised as income in computing the commercially quantified income of that company for that period, calculated in accordance with regulation 6;
f
the gross amount of any income not falling within any of sub-paragraphs (a) to (e) above that is recognised as income in computing the commercially quantified income of that company for that period and does not constitute income which either–
i
is treated under the laws of the territory of residence of that company as accruing or arising in, or derived from, that territory, or
ii
where there are no laws of that territory treating that income as accruing or arising in, or derived from, that territory or another territory, would be treated as accruing or arising in, or derived from, that territory if there were such laws in force in that territory and those laws were identical to the laws of the United Kingdom treating income as accruing or arising in, or derived from, a territory for the purposes of the Corporation Tax Acts, and which
iii
in either case is within that territory’s charge to tax.
4
Where–
a
the controlled foreign company concerned is an institution carrying on the business of banking, or an insurance company, and
b
income of that company falling within any of sub-paragraphs (a) to (d) of paragraph (3)–
i
is an integral part of income arising or accruing to the company from the trade of banking or insurance carried on by the company, being income which, if the company were resident in the United Kingdom, would be income arising to the company from a trade for the purposes of the Corporation Tax Acts, and
ii
is within the charge to tax of the territory of residence of that company,
the aggregate amount of that income shall be disregarded in computing the aggregate amount of the company’s non-local source income.
Branch or agency income and gains
6
1
The amount of any branch or agency income and gains as mentioned in regulation 5(3)(e) is–
a
where the conditions specified in paragraph (2) are satisfied with respect to the branch or agency for the accounting period concerned, the amount (being not more than 10 per cent. of the net amount of the profits of that branch or agency for that period) by reference to which the condition specified in sub-paragraph (d) of that paragraph is satisfied by that branch or agency;
b
where the conditions specified in paragraph (2) are not satisfied with respect to the branch or agency for the accounting period concerned, the net amount or, where paragraph (3) applies, the gross amount of the branch or agency income and gains for that accounting period.
2
The conditions specified in this paragraph are that–
a
the branch or agency is situated in a territory specified in Part I or in Part II of Schedule 1 or, as the case may be, in Part I or in Part II of Schedule 2, and where the territory is one specified in Part II of Schedule 1 or in Part II of Schedule 2, at no time during the accounting period–
i
is entitled to any tax exemption, tax reduction or other benefit, or
ii
falls within any condition,
specified in column 2 of that Part opposite the specification of that territory;
b
the profits of the branch or agency are within the charge to tax of that territory;
c
the profits attributed to the branch or agency for tax purposes in that territory are those which it might be expected to make if it were a distinct and separate enterprise from the company of which it is a branch or agency, engaged in the same or similar activities under the same or similar conditions and dealing wholly independently with the company of which it is a branch or agency;
d
not more than 10 per cent. of the net amount of the profits of the branch or agency for the accounting period would, on the assumption that the branch or agency was not a branch or agency of the controlled foreign company but a separate controlled foreign company, be attributable to the aggregate of the gross amounts of any income and gains falling within any of sub-paragraphs (a) to (d) of regulation 5(3) and arising outside the territory in which the branch or agency is situated;
e
amounts falling to be deducted in computing the taxable profits of the branch or agency, being amounts which are paid to, or are in respect of costs incurred by, the head office of the company of which it is a branch or agency, either–
i
are liable to tax, or are disallowed as an expense, in the territory of residence of that company, or
ii
where that company is liable to tax in its territory of residence in respect of the whole of its profits wherever arising, are not allowed as a deduction in computing the taxable profits of that company except where the amount in question is paid by that company to another person.
3
This paragraph applies to a case where the net amount of the income and gains referred to in paragraph (1) in the accounting period concerned does not exceed an amount which would be equal to the aggregate of the gross amounts of any income and gains falling within any of sub-paragraphs (a) to (d) of regulation 5(3) in that period if branch or agency income and gains fell within those sub-paragraphs.
Interpretation of regulations 5 and 6
7
1
In regulation 5(2) “capital profits or losses” means profits or losses arising in relation to chargeable assets.
2
In regulations 5(3) and 6 references to “branch or agency income” or to “branch or agency income and gains” are references to income and gains that–
a
arise in or are derived from any branch or agency of a controlled foreign company, and
b
fall within sub-paragraph (e) of regulation 5(3) in the accounting period concerned.
3
In regulation 5(3)–
a
the references to “the gross amount” of any income in sub-paragraphs (a) and (f) are references to the amount of that income before deduction of expenses or reserves;
b
the reference to “the gross amount” of any income and gains in sub-paragraph (b) is a reference to the amount of that income and those gains found–
i
after excluding any gain or loss arising on any loan or deposit referred to in that sub-paragraph which is offset by a loss or gain on a contract ancillary to that loan or deposit which would be a qualifying contract if the company were a qualifying company, and
ii
after deducting any exchange losses attributable to the loans or deposits referred to in that sub-paragraph to the extent that those losses have not already been excluded by virtue of paragraph (i) above, but
iii
before deducting other expenses or reserves;
c
the references to “the gross amount” of any income and gains in sub-paragraphs (c) and (d) are references to the amount of that income and those gains found after deducting any exchange losses attributable to the royalties, premiums or rents referred to in those sub-paragraphs but before deducting other expenses or reserves;
and the references to “the gross amounts” in regulation 6(2)(d) and (3) shall be construed accordingly.
4
In regulation 5(3) references to persons not resident in the territory of residence of a controlled foreign company do not include references to a company not so resident in circumstances where–
a
the branch or agency of the company is situated in that territory, and
b
the transaction giving rise to the income and gains in question of the controlled foreign company is made with that branch or agency.
5
In regulation 6(1)(b) the reference to the gross amount of income and gains is a reference to the amount of that income or of those gains before deduction of expenses or reserves.
6
In regulation 6(1)(b) the reference to “the net amount” of the branch or agency income and gains, and in regulation 6(2)(d) the reference to “the net amount” of the profits of the branch or agency concerned, are references to the amount of that income, or of those profits, after deduction of expenses but before tax, as determined in accordance with a generally accepted method of accounting for profits of branches or profits of agencies of companies.
7
In paragraph (1) of this regulation a “chargeable asset” is any asset in the case of which one of the following conditions is satisfied, that is to say–
a
a gain accruing to the company on a disposal of that asset on or after the date of coming into force of these Regulations would, on the assumption that the company was within the charge to corporation tax, have fallen to be treated in relation to the company as a chargeable gain and would not have been taken into account as a receipt in computing the company’s income or profits or gains or losses for the purposes of the Income Tax Acts;
b
a chargeable gain or allowable loss would, on the assumption mentioned in sub-paragraph (a), be deemed to have accrued to the company on any disposal of that asset on or after the date mentioned in that sub-paragraph.
8
In paragraph (3)(b)(i) of this regulation–
“qualifying company”–
as respects a contract falling within section 126(1) of the Finance Act 1993, has the meaning given by section 152 of that Act ;
as respects a contract falling within section 147(1) of the Finance Act 1994, has the meaning given by section 154 of that Act;
“qualifying contract” means a contract falling within section 126(1) of the Finance Act 1993 or section 147(1) of the Finance Act 1994, as the case may be, other than a contract which, in the case of branch or agency income or gains which would be income or gains falling within sub-paragraph (b) of regulation 5(3) if branch or agency income and gains fell within that sub-paragraph, is not entered into by the branch or agency concerned.
S C T Matheson
G H Bush
Two of the Commissioners of Inland Revenue
9th December 1998


text:
1
This Order may be cited as the A41 Trunk Road (Camden) (Temporary Prohibition of Traffic) (No. 4) Order 1998, and shall come into force on 24th August 1998.
2
This Order is made because the Traffic Director for London is satisfied that traffic on the roads, or lengths of road, mentioned in the schedule to this Order should be prohibited because works are being or are proposed to be executed on or near those roads or lengths of road.
3
During the period starting at 00.01 hours on 25th August 1998 for a period of three months, or when those works have been completed, whichever is the sooner, no person shall cause or permit any vehicle to stop at any time in the roads, or lengths of roads, specified in the schedule to this Order.
4
1
The prohibitions specified in article 3 above shall apply only during such times and to such extent as shall from time to time be indicated by traffic signs specified by regulations or authorised under section 64 of the Road Traffic Regulation Act 1984.
2
The prohibitions specified in article 3 above shall not apply in respect of —
i
any vehicle being used for the purpose of those works, or for fire brigade, ambulance or police purposes, or
ii
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
5
In so far as, and during such times as, the prohibition specified in article 3 above is in force, the provisions of the A41 Trunk Road (Camden) Red Route Experimental (No. 2) Traffic Order 1997 are hereby suspended so far as they relate to the roads or lengths of roads specified in the schedule to this Order.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
6th August 1998


text:
Citation and commencement
1
1
This Order may be cited as the New Northern Ireland Assembly (Elections) Order 1998.
2
This Order shall come into force —
a
on the day on which the provisions of the Northern Ireland (Elections) Act1998, other than sections 2(5) and (6), 3, 6 and 8, come into force by order under section 8(2) of that Act, or
b
on the day after the day on which this Order is made,
whichever is the later.
Interpretation
2
Unless the context otherwise requires, in this Order and any provision applied by this Order —
“ 1962 Act ” means the Electoral Law Act (Northern Ireland) 1962 ;
“ 1983 Act ” means the Representation of the People Act 1983 ;
“ 1985 Act ” means the Representation of the People Act 1985 ;
“ 1998 Act ” means the Northern Ireland (Elections) Act 1998;
“ 1985 Order ” means the Local Elections (Northern Ireland) Order 1985 ;
“ 1986 Regulations ” means the Representation of the People (Northern Ireland) Regulations 1986 ;
“Assembly” means the New Northern Ireland Assembly and “Assembly election” means an election to that Assembly;
“date of the poll” refers to the date set by section 2(1) of the 1998 Act or, in the caseofa by-election, the date set by the Chief Electoral Officer under article 7(2) below; and
“elections rules” means the rules in Schedule 1 to the 1983 Act, as applied by Schedule1 to this Order.
Application of certain provisions for Assembly elections
3
1
The provisions of the 1983 Act, the Elections (Northern Ireland) Act 1985 and the 1985 Act which are specified in the left-hand column of Schedule1 to this Order shall, subject to —
a
any modifications and exceptions specified in relation to those provisions in the right-hand column of that Schedule, and
b
the provisions of paragraph (3) below,
apply for the purposes of an Assembly election.
2
The provisions of the 1986 Regulations, the Election Petition Rules 1964 and the Planning (Control of Advertisements) Regulations (Northern Ireland) 1992 which are specified in the left-hand column of Schedule2 to this Order shall, subject to —
a
any modifications and exceptions specified in relation to those provisions in the right-hand column of that Schedule, and
b
the provisions of paragraph (3) below,
apply for the purposes of an Assembly election.
3
Unless the context otherwise requires, in the provisions applied by Schedules 1 and 2 to this Order —
a
any reference to a parliamentary election (except the references specified in paragraph (5) below) shall be construed as a reference to an Assembly election and a reference to a parliamentary general election shall be construed as a reference to the initial elections to the Assembly to be held under section 2 of the 1998 Act;
b
any reference to the parliamentary elections rules shall be construed as a reference to those rules as applied for the purposes of Assembly elections;
c
any reference to a parliamentary elector shall be construed as a reference to an elector entitled to vote at an Assembly election and references to the register of electors shall be construed accordingly;
d
any reference to a parliamentary election petition shall be construed as a reference to an Assembly election petition;
e
any reference to an overseas elector shall be disregarded;
f
any provision having effect only in Great Britain or any part of it, including a provision relating to a local government election or local government electors, shall be disregarded;
g
any reference to a return in the context of a return to the writ of election and return to Parliament shall be construed as a reference to the declaration of result made by the returning officer under rule 50 of the elections rules;
h
in the heading of forms G, H, J, K and L in Schedule2 to the 1986 Regulations, for the words “REPRESENTATION OF THE PEOPLE ACTS” there shall be substituted “NEW NORTHERN IRELAND ASSEMBLY ELECTION”; and
i
any reference to an enactment or instrument made under an enactment shall be construed as a reference to that enactment or instrument as applied by this Order.
4
Section 72 of the Post Office Act 1969 and section 35(2)(h) of the Judicature (Northern Ireland) Act 1978 shall apply in relation to an Assembly election and an Assembly election petition, respectively, as they apply in relation to a parliamentary election and a parliamentary election petition and as though —
a
the references in those sections to the 1983 Act were references to that Act as applied by Schedule 1 to this Order; and
b
the reference in section 72 to a sum charged on, and issued out of, the Consolidated Fund was a reference to a sum paid by the Secretary of State.
5
The references to “parliamentary election” to which paragraph (3)(a) above does not apply are those in section 160(4) of the 1983 Act and the first reference in section 160(5) of that Act.
Returning officer and registration officer
4
1
The Chief Electoral Officer for Northern Ireland shall be the returning officer for each constituency.
2
That Officer shall be the electoral registration officer for the purposes of the provisions applied by this Order (as he is for parliamentary and local elections).
3
Section 14(5) and 14A(2) and (3) of the 1962 Act (appointment of temporary deputy and delegation to assistants) shall have effect in relation to the Chief Electoral Officer in his capacity as returning officer and electoral registration officer under this Order.
Alterations to registers
5
1
An alteration made to the register of electors after 3rd June 1998 shall be disregarded for the purposes of the poll on 25th June 1998.
2
Section 11(3) of the 1983 Act (alterations to the register of elections) shall apply in relation to an Assembly by-election as it applies in relation to a parliamentary election.
Substitutes
6
1
The Chief Electoral Officer (“the Officer”) shall act in accordance with this article where, after the election of the initial members of the Assembly —
a
he has been notified by —
i
an election court or the High Court under section 144 or 146 of the 1983 Act, as applied by article 3 of, and Schedule 1 to, this Order, or
ii
the presiding officer of the Assembly under paragraph 7 of the Schedule to the 1998 Act,
that a vacancy exists in the seat of a member of the Assembly, and
b
that member had given a notice under rule 8A of the elections rules (“the relevant notice”).
2
The Officer shall take such steps as appear to him to be reasonable to contact the person whose name and address appear as the first choice in the relevant notice to ask that person whether he will state in writing that he is willing and able to be returned as a member of the Assembly.
3
Where —
a
within such period as the Officer considers reasonable —
i
he decides that the steps he has taken to contact that person have been unsuccessful, or
ii
he has not received from that person a statement in writing that he is willing and able to be returned as a member of the Assembly, or
b
that person has stated in writing that he is not willing or able to be so returned,
the Officer shall repeat the procedure required by paragraph (2) above in respect of the person (if any) whose name and address appear as the second choice in the relevant notice or, where sub-paragraph (a) or (b) above applies in respect of that person, in respect of the person (if any) whose name and address appear as the third choice in that notice; and the Officer shall continue to repeat the procedure until the seat is filled or the names in the list exhausted.
4
Where a person whose name and address appear in the relevant notice states in writing in response to the question from the Officer under paragraph (2) above (including that paragraph as applied by paragraph (3) above) that he is willing and able to be returned as a member of the Assembly, the Officer shall (subject to paragraph (5) below) declare that person to be so returned.
5
Where under paragraph (3) above the Officer has asked the person whose name appears as the second or, as the case may be, other subsequent choice in the relevant notice the question set out in paragraph (2) above prior to the receipt of a statement from a person whose name appears as an earlier choice in that notice that he is willing and able to be returned as a member of the Assembly, that statement shall not have effect for the purposes of paragraph (4) above unless —
a
the first-mentioned person has stated in writing that he is not willing and able to be so returned, or
b
no statement in writing that he is willing and able to be so returned has been received from him by the Officer in response to the Officer’s question within such period as the Officer considers reasonable.
6
The Officer shall give public notice of a declaration under paragraph (4) above and send it to the presiding officer of the Assembly.
By-elections
7
1
This article applies where the Chief Electoral Officer has been notified by —
a
an election court or the High Court under section 144 or 146 of the 1983 Act, as applied by article 3 of, and Schedule 1 to, this Order, or
b
the presiding officer of the Assembly under paragraph 7 of the Schedule to the 1998 Act,
that a vacancy exists in the seat of a member of the Assembly and either article 6(1) above does not apply or no person has been declared a member to fill the vacancy under article 6(4) above.
2
Where this article applies, the Chief Electoral Officer shall set a date as the date of the poll for a by-election to fill the vacancy.
3
Subsections (2) (the franchise), (3) and (4) (method of election) of section 2 of the 1998 Act and the provisions of this Order (except article 6) shall apply to any by-election as they apply to the election of the initial members of the Assembly.
Marjorie Mowlam
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
21st May 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Housing (Right To Acquire) (Discount) Order 1998 and shall come into force on 9th September 1998.
2
In this Order “area” means a “county” or “district” as defined by section 270 of the Local Government Act 1972 , a London borough or the City of London.
Amounts of Discount
2
The following amounts of discount are specified for the purpose of section 17(1)(a) of the Housing Act 1996 (the right to acquire) —
a
£16,000 where a dwelling is in one of the areas specified in Schedule 1 to this Order;
b
£13,500 where a dwelling is in one of the areas specified in Schedule 2 to this Order;
c
£11,000 where a dwelling is in one of the areas specified in Schedule 3 to this Order;
d
£10,000 where a dwelling is in one of the areas specified in Schedule 4 to this Order; and
e
£9,000 where a dwelling is in one of the areas specified in Schedule 5 to this Order.
Revocation
3
The Housing (Right to Acquire) (Discount) Order 1997 is hereby revoked.
Application
4
Articles 1 to 3 of this Order do not apply in a case where a notice has been served claiming to exercise the right to acquire before this Order comes into force.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
12th August 1998


text:
Commencement and citation
1
This Order may be cited as The A12 Trunk Road (Redbridge) Red Route Traffic Order 1996 Variation (No. 2) Order 1998, and shall come into force on 26th January 1998.
Amendments
2
The A12 Trunk Road (Redbridge) Red Route Traffic Order 1996 is varied as provided by the following provisions of this Order.
3
In the table in Schedule 2B a new item is added as follows
Table
(1) (2) (3) (4) (5) Item Length of Road Restricted Hours Maximum Period of Parking Minimum Interval
1. Eastern Avenue — south side, between a point 1.5 metres south-east of the party wall of Nos. 954 and 956 Eastern Avenue and a point 2.5 metres north-east of the party wall of Nos. 962 and 964 Eastern Avenue. 7am — 7pm Monday — Saturday Inclusive 20 minutes 40 minutes
4
In the table in Schedule 3A item 2 is amended as follows —
Between a point 1.0 metre south-west of the party wall of Nos. 948 and 950 Eastern Avenue and a point 1.5 metres north-east of the party wall of Nos. 954 and 956 Eastern Avenue.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
12th January 1998


text:
1
These Regulations may be cited as the Education (Publication of Local Education Authority Inspection Reports) Regulations 1998 and shall come into force on 14th April 1998.
2
In these Regulations —
“ the Act ” means the Education Act 1997;
“action plan” means the written statement referred to in section 39(2) of the Act;
“appropriate diocesan authority” means —
in relation to a local education authority in England —
the Diocesan Board of Education for every diocese of the Church of England, and
the bishop of every diocese of the Roman Catholic Church,
the area of which includes the whole or part of the authority’s area; and
in relation to a local education authority in Wales —
the Diocesan Board of Finance or other person designated by the Secretary of State under section 311(1) of the Education Act 1996 (as the case may be) for every diocese of the Church of Wales, and
the bishop of every diocese of the Roman Catholic Church,
the area of which includes the whole or part of the authority’s area;
“authority” means a local education authority;
“area” means the area served by an authority;
“the Audit Commission ” means the Audit Commission for Local Authorities and the National Health Service in England and Wales;
“careers service organisation” means a person (other than a local authority) which provides services in pursuance of arrangements made under section 10(1) of the Employment and Training Act 1973 ;
“inspection report” means a report of an inspection under section 38 of the Act;
“institutions within the further education sector” has the meaning ascribed by section 91 of the Further and Higher Education Act 1992 ;
“local radio station” means a person providing a sound broadcasting service for a particular area or locality in the United Kingdom;
“Training and Enterprise Council”, in relation to an authority, means every body with whom the Secretary of State has made arrangements under section 2 of the Employment and Training Act 1973 for the purpose of assisting persons who reside in the authority’s area to select, train for, obtain or retain employment;
“working day” means any day which is not a Saturday, a Sunday, a Bank Holiday or part of a holiday longer than a week taken by the majority of schools maintained by the authority.
3
An authority shall publish in the manner set out in regulation 4 —
a
the inspection report relating to it within 30 working days, or where (in the case of an authority in Wales) a translation into Welsh or English is also being published, 40 working days; and
b
its action plan within 70 working days, or where (in the case of an authority in Wales) a translation into Welsh or English is also being published, 80 working days,
of the receipt by it of a copy of the inspection report under section 39(1) of the Act.
4
1
A copy of the inspection report and the action plan shall be sent to —
a
the governing body of every school maintained by it;
b
the governing body of every grant maintained school in the area;
c
the appropriate diocesan authority;
d
every Training and Enterprise Council which provides assistance to persons who reside within the area;
e
the principal of every institution within the further education sector situated in the area;
f
the Audit Commission;
g
at least one newspaper circulating in the area;
h
at least one local radio station serving the area;
i
every careers service organisation which provides services to persons who reside in the area;
j
every Health Authority (within the meaning of section 8 of the National Health Service Act 1977) any part of whose area lies within the area served by the local education authority;
k
the director of social services, that is to say the officer appointed by the local authority for the area under section 6(1) of the Local Authority Social Services Act 1970 for the purpose of their social services functions; and
l
each public library in the area.
2
A copy of the action plan shall be sent to —
a
Her Majesty’s Chief Inspector of Schools or Her Majesty’s Chief Inspector of Schools in Wales (as the case may be); and
b
the Secretary of State.
3
Copies of the inspection report and the action plan shall be made available to members of the public on demand at a charge not exceeding the cost of supply.
Stephen Byers
Minister of State,
Department for Education and Employment
20th March 1998
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
23rd March 1998


text:
1
1
This Order may be cited as the Visiting Forces (Designation) Order 1998 and shall come into force in accordance with the following provisions of this Article.
2
This Order shall come into force, in relation to each of the countries specified in Article 2 below, on whichever date is the later of —
a
the date on which its Government becomes a party to the Agreement, dated 19th June 1995, made between member States of the North Atlantic Treaty Organisation and those other States which have accepted the invitation to take part in the Partnership for Peace ; or
b
the day after the date on which this Order is made.
3
The date on which this Order comes into force shall, in relation to each of the countries specified in Article 2 below, be notified in the London, Edinburgh and Belfast Gazettes.
2
The following countries are hereby designated for the purposes of sections 2 to 19 of, and the Schedule to, the Visiting Forces Act 1952: —
Armenia, Austria, Azerbaijan, Belarus, Finland, Georgia, Kazakhstan, Kyrgyzstan, the Former Yugoslav Republic of Macedonia, Moldova, Russia, Switzerland, Turkmenistan, Ukraine and Uzbekistan.
3
This Order shall not extend to any of the territories specified in section 15(3) of the Visiting Forces Act 1952.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Moray (Electoral Arrangements) Order 1998 and shall come into force on 1st January 1999.
Interpretation
2
In the Schedule to this Order–
a
a reference to–
i
an electoral ward is a reference to that electoral ward as constituted in this Order; and
ii
a road, footpath, railway line, river, burn or canal shall, where the context so admits, be construed as a reference to the centre line of the feature concerned; and
b
the following abbreviations are used:–
“EW” for electoral ward;
“NG Ref” for National Grid Reference as published on Ordnance Survey Maps.
Electoral arrangements
3
The area of Moray Council shall be divided into 26 wards, having the names, contents and boundaries set forth in the Schedule to this Order.
Henry B McLeish
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
16th December 1998


text:
1
This Order may be cited as the Carriage of Passengers and their Luggage by Sea (United Kingdom Carriers) Order 1998 and shall come into force on 1st January 1999.
2
The following instruments are hereby revoked:–
a
the Carriage of Passengers and their Luggage by Sea (United Kingdom Carriers) Order 1987 ;
b
the Carriage of Passengers and their Luggage by Sea (United Kingdom Carriers) (Amendment) Order 1989 .
3
In relation to any carrier whose principal place of business is in the United Kingdom, paragraph 1 of Article 7 to the Convention Relating to the Carriage of Passengers and their Luggage by Sea, set out in Part I of Schedule 6 to the Merchant Shipping Act 1995, (including that paragraph as applied to domestic carriage by the Carriage of Passengers and their Luggage by Sea (Domestic Carriage) Order 1987 ) shall have effect as if for the limit of 46,666 units of account there specified there were substituted a limit of 300,000 units of account.
4
This Order does not apply in relation to any liability arising out of an occurrence which took place before the coming into force of the Order.
Signed by authority of the Secretary of State
Glenda Jackson
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
25th November 1998


text:
1
This Order may be cited as the Wireless Telegraphy (Guernsey) Order 1998 and shall come into force on 24th July 1998.
2
Sections 1 to 8 and 10(1) of, and the Schedules to, the Wireless Telegraphy Act 1998 shall extend to the Bailiwick of Guernsey with the following adaptations and modifications —
a
any reference to the Wireless Telegraphy Act 1949 shall be construed as a reference to that Act as extended to the Bailiwick of Guernsey by the Wireless Telegraphy (Channel Islands) Order 1952 ;
b
after section 3(5) insert —
5A
The Secretary of State shall pay to the Treasurer of the States of Guernsey such proportion of the sums received under subsection (5) as appears to the Secretary of State to be appropriate.
;
c
in section 6 —
i
in subsection (2)(a), for the words “the London, Edinburgh and Belfast Gazettes” substitute “a newspaper circulating in the Bailiwick of Guernsey”; and
ii
at the end, add —
5
Any statutory instrument containing regulations made under this Act shall not have effect in the Bailiwick of Guernsey unless it is registered in the Royal Court of Guernsey; and where any such statutory instrument is so registered, it shall have effect on the day following the day of such registration or on the day of coming into force specified in the instrument, whichever is the later.
;
d
in Schedule 1 —
i
omit paragraph 3; and
ii
in paragraph 4, after “Broadcasting Act 1990” insert “as extended to the Bailiwick of Guernsey by the Broadcasting Act 1990 (Guernsey) Order 1991” ;
e
in Part I of Schedule 2 —
i
omit the references to section 3A of the Wireless Telegraphy Act 1949 and section 74 of the Telecommunications Act 1984 ;
ii
after “section 3(2) to (5)” insert “as extended to the Bailiwick of Guernsey by the Wireless Telegraphy (Channel Islands) Order 1969” ; and
iii
after “paragraph 2(2)” insert “as extended to the Bailiwick of Guernsey by the Broadcasting Act 1990 (Guernsey) Order 1991”; and
f
omit Part II of Schedule 2.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Claims and Payments) Amendment (No. 2) Regulations 1998 and shall come into force on 1st April 1999.
Amendment of paragraph 7 of Schedule 9A to the Social Security (Claims and Payments) Regulations 1987
2
In paragraph 7 of Schedule 9A to the Social Security (Claims and Payments) Regulations 1987 , for the amount “£0.69” there is substituted the amount “£0.60”.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
7th December 1998


text:
1
This Order may be cited as the Dartford-Thurrock Crossing Tolls Order 1998 and shall, in accordance with section 17(11) of the Dartford-Thurrock Crossing Act 1988, come into force on 1st September 1998.
2
1
The toll leviable in respect of each of the classes of vehicles set out in column (1) of the Schedule to this Order shall be of the amount set out or described opposite thereto in column (2) of that Schedule.
2
For the purposes of determining the class of vehicles to which a trailer belongs, a trailer which, when being drawn, is attached to the vehicle drawing it by partial superimposition shall be regarded as part of the vehicle drawing it and not as a separate vehicle.
3
The Dartford-Thurrock Crossing Tolls Order 1997 is hereby revoked.
Signed by authority of the Secretary of State of the Environment, Transport and the Regions
Larry Whitty
Parliamentary Under-Secretary of State
Department of the Environment, Transport and the Regions
4th August 1998


text:
Citation and commencement
1
This Order may be cited as the Broadcasting (Percentage of Digital Capacity for Radio Multiplex Licence) Order 1998 and shall come into force on the day after the day on which it is made.
Percentage
2
In paragraph (h) of section 54(1) of the Broadcasting Act 1996 “80 per cent.” shall be substituted for “90 per cent.”.
Chris Smith
Secretary of State for Culture, Media and Sport
26th May 1998


text:
1
This Order may be cited as the Public Telecommunication System Designation (IDT Global Limited) Order 1998 and shall come into force on 3rd March 1998.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Barbara Roche,
Parliamentary Under Secretary of State for Small Firms, Trade and Industry,
Department of Trade and Industry
28th January 1998


text:
1
This Order may be cited as the Broadcasting Act 1996 (Commencement No. 3) Order 1998.
2
In this Order, “the 1996 Act ” means the Broadcasting Act 1996.
3
Section 41 of the 1996 Act, so far as it is not yet in force, shall come into force on 29th January 1998.
Chris Smith
Secretary of State for Culture, Media and Sport
28th January 1998