text:
Title and commencement
1
These Regulations may be cited as the Specified Risk Material (Coming into Force Date) (Amendment) Regulations 1998 and shall come into force on 7th October 1998.
Amendment to the Specified Risk Material (Amendment) Regulations 1998
2
1
The Specified Risk Material (Amendment) Regulations 1998 are amended in accordance with paragraph (2) of this regulation.
2
In regulation 1 (title and commencement) there is substituted for the date “19th October” the date “8th October”.
Nick Brown
Minister of Agriculture, Fisheries and Food
1st October 1998
Frank Dobson
Secretary of State for Health
1st October 1998
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
2nd October 1998
Donald Dewar
Secretary of State, Scottish Office
2nd October 1998


type: legislation

jurisdiction: UK

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


text:
Title
1
This Order may be cited as the Plant Health (Forestry) (Great Britain) (Amendment) (No. 2) Order 1998.
Commencement
2
1
This Order, except article 3(3), shall come into force on 14th January 1999.
2
Article 3(3) of this Order shall come into force on 1st February 1999.
Amendment of the Plant Health (Forestry) (Great Britain) Order 1993
3
1
The Plant Health (Forestry) (Great Britain) Order 1993 shall be amended in accordance with the following paragraphs of this article.
2
In Schedule 1 in the list of tree pests under the heading “insects, mites and nematodes” after item 1 there shall be inserted –
1A
Anoplophora glabripennis (Motschulsky)
.
3
In Schedule 4, Part A after item 2 there shall be inserted –
2A
Wood, other than wood of conifers (Coniferales), in the form of packing cases, crates, drums, pallets, box pallets or load boards, dunnage, spacers and bearers, including wood which has not kept its natural round surface, originating in China (excluding Hong Kong SAR)
Without prejudice to article 3(1), Part A of Schedule 2 and Schedule 3, and to the other conditions applicable to the wood under this Part:
the wood shall be stripped of its bark and shall be free from grub holes which are larger than 3 mm across; or
the wood shall have undergone kiln-drying to below 20% moisture content expressed as a percentage of dry matter, at time of manufacture, achieved through an appropriate time/temperature schedule
None
.
In witness whereof the Official Seal of the Forestry Commissioners is hereunto affixed on 14th December 1998.
W. F. G. Strang
Secretary to the Forestry Commissioners


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Special Parking Area) (London Borough of Sutton) Order 1998 and shall come into force on 1st June 1998.
Revocation
2
The Orders specified in Schedule 1 to this Order are hereby revoked.
Interpretation
3
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991;
“the special parking area” means the area designated as a special parking area by article 4 of this Order;
a reference in Schedule 2 to this Order to a number followed by the letter “m” is a reference to that number of metres; and
where a road referred to in Schedule 2 to this Order (“the main road”) is joined by another road (“the side road”), whether or not that other road is referred to in that Schedule, and the footway to the main road runs on either side of the mouth of the side road, the junction between the two roads shall be taken to be an imaginary line drawn across the mouth of the side road between the respective ends of the back line of the footway to the main road on each side.
Designation of special parking area
4
The Secretary of State hereby designates as a special parking area the London borough of Sutton except the roads named or described in Schedule 2 to this Order.
Modification of the Road Traffic Regulation Act 1984
5
1
Section 55 of the 1984 Act (financial provisions relating to designation orders) shall have effect in relation to the London borough of Sutton as if —
a
at the end of subsection (1) there were inserted the words “and of the income from additional parking charges (within the meaning of section 74(8) of the Road Traffic Act 1991) received by them in respect of vehicles found within the special parking area and the expenditure incurred by them in the discharge of functions exercisable by them in relation to the special parking area by virtue of Part II of the Road Traffic Act 1991”; and
b
after subsection (1) there were inserted the following subsection —
1A
In subsection (1) above, references to “the special parking area” are to the area designated as a special parking area by the Road Traffic (Special Parking Area) (London Borough of Sutton) Order 1998.
2
Section 102(2) of the 1984 Act (charges for removal, storage and disposal of vehicles) shall have effect in relation to a vehicle found in the special parking area as if, in paragraph (d), for the words “a parking place” to the end there were substituted —
i
a parking place designated under section 6, 9 or 45 of this Act or otherwise provided or controlled by that authority, or
ii
a place where the vehicle was stationary in circumstances in which an offence would have been committed in respect of the vehicle but for section 76(3) of the Road Traffic Act 1991,
as they may require.
Modification of the Road Traffic Act 1991
6
1
Section 70 of the 1991 Act (exemptions from provisions relating to the immobilisation of vehicles in parking places) shall have effect in relation to a vehicle found in the special parking area as if, in subsections (1) and (2), after the words “section 69(1)” there were inserted the words “or section 77(4)”.
2
Section 71 of the 1991 Act (representations in relation to removal or immobilisation of vehicles) shall have effect in relation to a vehicle found in the special parking area as if, for subsection (4), there were substituted the following subsection —
4
The grounds are —
a
that there were no reasonable grounds for the parking attendant concerned to believe that either —
i
the vehicle had been permitted to remain at rest in the parking place in circumstances specified in section 66(2)(a), (b) or (c) of this Act, or
ii
the vehicle had been permitted to remain at rest in a special parking area (other than in a designated parking place) in circumstances in which an offence would have been committed in respect of the vehicle but for section 76(3) of this Act;
b
that the vehicle had been permitted to remain at rest in the place in question by a person who was in control of the vehicle without the consent of the owner;
c
that the place at which the vehicle was at rest was neither a designated parking place nor in a special parking area;
d
in a case within subsection (1)(d) above, that, by virtue of an exemption given by section 70 of this Act, neither section 69 nor 77(4) of this Act applied to the vehicle at the time in question; or
e
that the penalty or other charge in question exceeded the amount applicable in the circumstances of the case.
3
Section 74(8) of the 1991 Act (fixing of certain parking and other charges for London) shall have effect in relation to the London borough of Sutton as if, after the words “section 69”, there were inserted the words “or section 77(4)”.
4
Section 79(2) of the 1991 Act (application to Crown and visiting forces) shall have effect in relation to a vehicle found in the special parking area as if, for “66 and 69 to 71”, there were substituted “66, 69 to 71, 76 and 77”.
5
Schedule 6 to the 1991 Act (parking penalties) shall have effect in relation to a vehicle found in the special parking area as if —
a
in sub-paragraph (c) of paragraph 2(4), for the words “the parking place” there were substituted the words “the place in question”, and
b
in sub-paragraph (d) of paragraph 2(4), the word “designation” were omitted.
Signed by authority of the Secretary of State
Glenda Jackson
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
27th April 1998


text:
1
This Order may be cited as The A3 Trunk Road (Wandsworth) (Temporary Prohibition of Traffic) Order 1998 and shall come into force on the 6th July 1998.
2
This Order is made because the Traffic Director for London is satisfied that certain traffic movements, listed in article 3 below, should be prohibited because works are proposed to be executed on Clapham Common North Side that could not be carried out safely without these prohibitions.
3
During the period starting at 00.01 hours on 6 July 1998 and ending at 23:59 on 30 August 1998 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:
i
turn right from Clapham Common West Side into Clapham Common North Side;
ii
turn left from Clapham Common North Side into Elspeth Road;
iii
enter Clapham Common North Side from Elspeth Road.
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 the purpose of those works, or for fire brigade, ambulance or police purpose, or
ii
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Signed in accordance with a direction from the Secretary of State
Derek Turner
Traffic Director for London
26th June 1998


text:
1
These Regulations may be cited as the Education (Mandatory Awards) Regulations 1998 (Amendment) Regulations 1998 and shall come into force on 1st September 1998.
2
The Education (Mandatory Awards) Regulations 1998 shall be amended as follows.
3
In regulation 2, in the definition of “old award”, “and before 1st September 1999” shall be omitted.
4
In regulation 6(8)–
a
the words “and before 1st September 1999” shall be omitted where they first occur;
b
in sub-paragraph (a), “which is no longer offered” shall be omitted, and for “that year” there shall be substituted “a year which begins on or after 1st September 1998 and before 1st September 1999”;
c
at the end of sub-paragraph (a), there shall be added:
aa
the person had received an offer of a place on a designated course for a year which begins before 1st September 1998, and–
i
the authority are satisfied that the person was unable to take up that offer because of illness, and
ii
the person was offered a place on a designated course, whether or not at the same institution, and the first year of the course begins on or after 1st September 1998 and before 1st September 1999;
;
d
in sub-paragraph (b)(iv), for “the course” there shall be substituted “a designated course, whether or not at the same institution,”
e
for sub-paragraph (c)(ii) there shall be substituted:
ii
an award was bestowed on him in respect of his attendance at the DipHE or HND course which is an old award other than by virtue of this sub-paragraph or sub-paragraph (d); or
;
f
for sub-paragraph (d)(ii) there shall be substituted:
ii
an award was bestowed on him in respect of his attendance at the first degree course which is an old award other than by virtue of sub-paragraph (c) or this sub-paragraph.
.
5
In regulation 6(9)–
a
“, whether or not it is at the same institution,” shall be omitted;
b
sub-paragraph (a) shall be omitted;
c
in sub-paragraph (b), for “for the most” there shall be substituted “in”; and
d
at the end of sub-paragraph (b) there shall be added:
and
c
where the offer of a place was on a course which is still offered, the other course is at the same institution.
6
In regulation 12(7)(a), for “23(3)” there shall be substituted “23(4)”.
7
In paragraph (b) of Schedule 1, “, Durham,” shall be omitted.
8
In paragraph 6(2)(j) of Schedule 3 there shall be inserted after the words “any income” in both places where they occur the words “not referred to in paragraph 2(4)”.
Andrew Smith,
Minister of State,
Department for Education and Employment
11th August 1998


text:
Citation and interpretation
1
1
This Order may be cited as the Social Security Act 1998 (Commencement No. 2) Order 1998.
2
In this Order, except where the context otherwise requires, references to sections and Schedules are references to sections of and Schedules to the Social Security Act 1998.
Appointed days
2
Subject to article 3 of this Order, the day appointed for the coming into force of–
a
section 40 (child support: revision of decisions), in so far as it introduces provisions authorising the making of Regulations, paragraph 46(a) of Schedule 7 and section 86(1) in so far as it relates to it is 16th November 1998;
b
section 76 (power to anticipate pensions up-rating order) is 16th November 1998; and
c
section 40 in so far as not already in force is 7th December 1998.
Savings and transitional provisions
3
1
From and including 16th November 1998 the references in section 16(1) and (6) of the Child Support Act 1991 to a decision of the Secretary of State shall be treated as including references to a decision of the child support officer made on or before the coming into force of section 1(c).
2
From and including 16th November 1998 until the coming into force of section 41, section 16(1) of the Child Support Act 1991 shall have effect as if the reference to section 17 were omitted.
3
From and including 16th November 1998 until the coming into force of section 44, section 16(3) of the Child Support Act 1991 shall have effect as if the reference to section 28ZC were omitted.
4
Notwithstanding the commencement of section 40, section 16 of the Child Support Act 1991 shall continue to apply with respect to any maintenance assessment which takes effect for the purposes of that Act on or before 8th December 1996 as though section 40 had not been commenced.
5
Notwithstanding the commencement of paragraph 46(a) of Schedule 7, section 5192)(a)(iii) of the Child Support Act 1991 shall continue to apply with respect to–
a
reviews under section 16 of that Act of maintenance assessments to which paragraph (4) of this article applies; and
b
reviews under sections 17 to 19 of that Act as though paragraph 46(a) had not been commenced until such time as section 41 is commenced.
Signed by authority of the Secretary of State for Social Security.
P. Hollis
Parliamentary Under-Secretary of State,
Department of Social Security
12th November 1998


text:
Citation, commencement
1
These Regulations may be cited as the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 1998 and shall come into force on 30th April 1998.
Amendment of the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982
2
1
The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982 shall be amended as follows.
2
In regulation 18A(2) (obligatory certificates) for the words following sub-paragraph (b) there shall be substituted “is 1st July 1998”.
Signed by authority of the Secretary of State
Helene Hayman
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
7th April 1998


text:
1
This Order may be cited as the Visiting Forces and Allied Headquarters (Income Tax and Capital Gains Tax) (Designation) Order 1998 and shall come into force on 24th June 1998.
2
Each of the countries specified in the First Schedule to this Order and each of the allied headquarters specified in the Second Schedule to this Order is hereby designated for the purposes of section 323 of the Income and Corporation Taxes Act 1988 and of section 11(1) of the Taxation of Chargeable Gains Act 1992.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Amendment Regulations 1998 and shall come into force on 1st September 1998.
2
These Regulations shall apply in relation to any case in which a person first fulfils the conditions of entitlement to a payment under the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 on or after the day on which they come into force.
Amendment of the Regulations
2
In the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Regulations 1988 —
for the Schedule to those Regulations there shall be substituted the Schedule set out in the Schedule to these Regulations;
in regulations 5(1) and 8 (minimum amounts payable to dependant), for the amount £1,852 there shall be substituted the amount £1,943;
in regulation 6(1) (payment where pneumoconiosis is accompanied by tuberculosis), for the amount £3,832 (in both places) there shall be substituted the amount £4,020.
Signed by authority of the Secretary of State
Angela Eagle
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
25th July 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit (General) Amendment (No. 2) Regulations 1998.
2
Subject to paragraph (3), these Regulations shall come into force on 25th January 1999.
3
Where a claimant is in receipt of an award of housing benefit on 25th January 1999, these Regulations shall come into force in respect of that individual on the day after the last day of the benefit period in respect of which that award is made.
4
In these Regulations–
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ; and
“benefit period” has the meaning given to it in regulation 66 of the Housing Benefit Regulations.
Amendment of regulation 3 of the Housing Benefit Regulations
2
For paragraph (3) of regulation 3 of the Housing Benefit Regulations there shall be substituted the following paragraph:
3
Sub-paragraphs (d) and (e) of paragraph (2) shall not apply to any person who is treated as if he were not liable to make payments in respect of a dwelling under paragraph (1) of regulation 7 (circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling).
.
Amendment of regulation 7 of the Housing Benefit Regulations
3
For paragraph (1) of regulation 7 of the Housing Benefit Regulations there shall be substituted the following paragraphs:
1
A person who is liable to make payments in respect of a dwelling shall be treated as if he were not so liable where–
a
the tenancy or other agreement pursuant to which he occupies the dwelling is not on a commercial basis;
b
his liability under the agreement is to a person who also resides in the dwelling and who is a close relative of his or of his partner;
c
his liability under the agreement is–
i
to his former partner and is in respect of a dwelling which he and his former partner occupied before they ceased to be partners, or
ii
to his partner’s former partner and is in respect of a dwelling which his partner and his partner’s former partner occupied before they ceased to be partners;
d
he is responsible, or his partner is responsible, for a child of the person to whom he is liable under the agreement;
e
subject to paragraph (1B), his liability under the agreement is to a company or a trustee of a trust of which–
i
he or his partner,
ii
his or his partner’s close relative who resides with him, or
iii
his or his partner’s former partner
is, in the case of a company, a director or an employee, or, in the case of a trust, a trustee or a beneficiary;
f
his liability under the agreement is to a trustee of a trust of which his or his partner’s child is a beneficiary;
g
subject to paragraph (1B), before the liability was created, he was a non-dependant of someone who resided, and continues to reside, in the dwelling;
h
he previously owned, or his partner previously owned, the dwelling in respect of which the liability arises except where he satisfies the appropriate authority that he or his partner could not have continued to occupy that dwelling without relinquishing ownership;
i
his occupation, or his partner’s occupation, of the dwelling is a condition of his or his partner’s employment by the landlord.
j
he is a member of, and is wholly maintained (disregarding any liability he may have to make payments in respect of the dwelling he occupies as his home) by, a religious order;
k
except where paragraph (2) applies, he is in residential accommodation;
l
in a case to which the preceding sub-paragraphs do not apply, the appropriate authority is satisfied that the liability was created to take advantage of the housing benefit scheme established under part VII of the Contributions and Benefits Act.
1A
In determining whether a tenancy or other agreement pursuant to which a person occupies a dwelling is not on a commercial basis regard shall be had inter alia to whether the terms upon which the person occupies the dwelling include terms which are not enforceable at law.
1B
Sub-paragraphs (e) and (g) of paragraph (1) shall not apply in a case where the person satisfies the appropriate authority that the liability was not intended to be a means of taking advantage of the housing benefit scheme.
.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
22nd December 1998


text:
Citation and commencement
1
These Rules may be cited as the Fishing Vessels (Safety Provisions) (Amendment) Rules 1998 and shall come into force on 1st May 1998.
Purpose
2
The purpose of these Rules is to provide for the implementation in part of Council Directive 93/103/ EC of 23rd November 1993 , on the introduction of minimum safety and health requirements for work on board fishing vessels.
Amendment of principal Rules
3
The Fishing Vessels (Safety Provisions) Rules 1975 , shall be further amended as follows.
4
For Rule 1(2) there shall be substituted: —
2
a
Subject to sub-paragraph (b) below, these Rules apply to every mechanically propelled sea-going vessel registered in the United Kingdom under Part II of the Register of Ships maintained in accordance with Part II of the Merchant Shipping Act 1995.
b
Where a heading of a Rule refers to additional requirements for certain fishing vessels, that Rule shall apply only to such fishing vessels of that length (except that a reference to vessels of 15 metres in length or over shall not apply to fishing vessels constructed before 23rd November 1995 of less than 18 metres in length) and shall come into force:
i
for fishing vessels with a length of 15 metres or over which were constructed on or after 23rd November 1995, on 1st May 1998;
ii
for fishing vessels with a length of 18 metres or over which were constructed before 23rd November 1995, insofar as the structural characteristics permit, on 23rd November 2002.
c
For the purposes of sub-paragraph (b) above:
i
a vessel for which a building or major conversion contract was placed before 23rd November 1995 and which is delivered before 23rd November 1998 shall be regarded as constructed before 23rd November 1995; and
ii
“length” means length between perpendiculars.
.
5
In Rule 1(3), between “Rules” and “shall” there shall be inserted:
except for those Rules referred to in Rule 1(2)(b),
6
In Rule 1(4) (application), between “Rules” and “shall” on the first line, there shall be inserted:
except for those Rules referred to in Rule 1(2)(b),
7
In Rule 1(5) there shall be inserted, in the appropriate places, the following definitions:
“Constructed” in respect of a vessel means a stage of construction where
the keel is laid; or
construction identifiable with a specific vessel begins; or
assembly of the vessel has commenced comprising at least 50 tonnes or 1 per cent of the estimated mass of all structural material; whichever is less;
“Merchant Shipping Notice” means a Notice described as such and issued by the Maritime and Coastguard Agency, an executive agency of the Department of Environment, Transport and the Regions;
“Worker” means any person carrying out an occupation on board a vessel, including trainees and apprentices but excluding shore personnel carrying out work on board a vessel at the quayside and port pilots.
.
8
After Rule 16 there shall be inserted the following Rule:
Additional requirements for vessels of 15 metres in length or over
16A
1
The skipper of every vessel shall take precautionary measures necessary to maintain adequate stability of the vessel.
2
Instructions supplied concerning the vessel’s stability shall be strictly observed.
9
After Rule 20, there shall be inserted the following Rule:
Additional requirements for vessels of 15 metres in length or over
20A
1
If the main engines are controlled from inside the engine room then an additional control position is required outside of the engine room, which position shall be soundproofed and insulated from the engine room and accessible without entering the engine room.
2
The wheelhouse is considered to be an additional control position which meets the requirements of paragraph (1).
.
10
After Rule 41 there shall be inserted the following Rule:
Additional requirements for vessels of 24.4 metres in length or over
41.A
1
The main electrical switchboard and the emergency switchboard shall, to the greatest extent possible, be installed in such a way that they cannot be exposed simultaneously to water or fire.”.
2
Switchboards shall be clearly marked; and fuse boxes and fuse holders shall be checked at regular intervals to ensure that the correct rating of fuse is being used.
11
After Rule 42, there shall be inserted the following Rule:
Additional requirements for vessels of 15 metres in length or over but less than 24.4 metres in length
42A
1
An emergency electrical power source shall be provided.
2
Except in open vessels, the emergency electrical power source shall be located outside the engine room and shall, in all cases, be so arranged as to ensure that in the event of fire or other failure of the main electrical installation, the emergency electrical power source will provide the simultaneous functioning for at least three hours of the following services:
a
the internal communication system, fire detectors and emergency signals,
b
the navigation lights and emergency lighting,
c
the radio installation, and
d
the emergency electrical fire pump where present.
3
If the emergency electrical power source is an accumulator battery and the main electrical power source fails, the accumulator battery shall be automatically connected to the emergency electrical switchboard and supply power for an uninterrupted period of three hours to the systems referred to in paragraph (2)(a), (b) and (c) above.
4
The main electrical switchboard and the emergency switchboard shall, to the greatest extent possible, be installed in such a way that they cannot be exposed simultaneously to water or fire.
5
Switchboards shall be clearly marked and fuse boxes and fuse holders shall be checked at regular intervals to ensure that the correct rating of fuse is being used.
.
12
In Rule 51 the following paragraph shall be added:
Additional requirements for vessels of 15 metres in length or over
3
Where refrigeration plants or compressed air systems are installed they shall be maintained in an efficient working condition and examined at regular intervals.
13
After Rule 54, there shall be inserted the following Rules:
Additional requirements for vessels of 15 metres in length or over
54A
1
All equipment used in hoisting shall be tested and examined at regular intervals.
2
All parts of hauling gear, hoisting gear and related equipment shall be maintained in good repair and working order.
3
a
The controls for the hauling gear shall be installed in an area sufficiently large to enable operators to work unhindered.
b
The hauling gear shall also have appropriate safety devices for emergencies, including emergency stop facilities.
4
a
The hauling gear operator shall have a clear view of the hauling gear and the workers operating it.
b
If the hauling gear is controlled from the wheelhouse, the operator shall also have a clear view of the workers operating it, either directly or via any other suitable medium.
5
A reliable communications system shall be used between the wheelhouse and the working deck.
6
A sharp look out shall always be maintained and the crew warned of the imminent danger of heavy oncoming seas during fishing operations or when other work is being done on deck.
7
Contact with bare ropes and warps and with moving parts of the equipment shall be minimized by installing protective devices.
8
The following controls shall be installed for moving masses (on ships with trawl doors or codends):
a
devices to immobilize the trawl doors;
b
devices to control the swinging motion of the codend.
54B
1
Working areas shall be kept clear and, as far as practicable, shall be protected from the sea and provide adequate protection for workers against falling on the vessel or falling overboard.
2
Handling areas shall be sufficiently spacious, in terms of both height and surface area.
.
14
After Rule 60, there shall be inserted the following Rule:
Additional requirements for vessels of 15 metres in length or over
60A
1
Emergency routes and exits shall be indicated by signs in accordance with the Health and Safety (Safety Signs and Signals) Regulations 1996 .
2
Such signs shall be placed at appropriate points and be made of a durable material.
.
15
After Rule 63, there shall be inserted:
Additional requirements for vessels of 15 metres in length or over
63A
1
Passageways, trunks and all traffic routes in general shall be equipped with guard rails, grab rails and life lines or other means of ensuring the safety of workers in the course of activities on board.
2
If there is a risk that workers may fall through openings in the deck, or from one deck to another, then so far as is reasonably practicable adequate protection shall be provided.
3
Access to installations above the deck for operations or maintenance purposes shall be provided with guard rails or similar protective devices of appropriate height such as to prevent falls, to ensure workers' safety.
4
On stern trawlers with ramps, the gate or other device fitted at the upper part of the ramp shall be easily opened and closed, and may be open only for casting the net or hauling it in.
5
For vessels constructed on or after 23rd November 1995;
i
where guard rails are provided, including rails to the outer part of deckhouses, they shall be at least one metre high;
ii
closing arrangements referred to in paragraph (4) above shall preferably be by remote control.
.
16
After Rule 65, there shall be inserted the following Rules:
Additional requirements for vessels of 15 metres in length or over
65A
1
Spaces accessible to workers shall be non-slip or anti-slip or be provided with devices to prevent falls, and, so far as is reasonably practicable, kept free of obstacles.
2
Working areas shall be kept clear and, so far as is reasonably practicable, be protected from the sea and provide adequate protection for workers against falling on the vessel or falling overboard.
3
Handling areas shall be sufficiently spacious, in terms of both height and surface area.
4
An accommodation ladder, gangway or other similar equipment providing an appropriate, safe means of boarding the vessel shall be available.”
65B
1
Where risks to the safety and health of workers cannot be prevented or sufficiently limited by collective or technical means of protection, they shall be provided with personal protection equipment.
2
Personal protective equipment in the form of clothing or worn over clothing shall be in bright colours, contrasting with the marine environment and clearly visible.
17
After Rule 72 the following Rule shall be inserted:
Additional requirements for vessels of 15 metres in length or over
72A
Electronic aids to navigation shall be tested frequently and well maintained.
.
18
After Rule 106, there shall be inserted the following Rule:
Additional requirements for vessels of 15 metres in length or over
106A
1
Manually-operated fire-fighting equipment shall be easily accessible and simple to use and shall be indicated by signs in accordance with the Health and Safety (Safety Signs and Signals) Regulations 1996.”
2
Such signs shall be placed at appropriate points and be made of a durable material.
19
In Rule 119(1), between “and over” and “to” on the first line, there shall be inserted: “,or on which five or more workers are carried,”
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
30th March 1998


text:
Citation and commencement
1
This Order may be cited as the Channel 4 (Application of Excess Revenues) Order 1998 and shall come into force on the day after the day on which it is made.
Application of excess revenues
2
In section 27(1)(a) of the Broadcasting Act 1990, for “33⅓ per cent” substitute “nil per cent”.
Chris Smith
Secretary of State for Culture, Media and Sport
24th November 1998


text:
Citation and commencement
1
These Regulations may be cited as the Health and Safety (Enforcing Authority) Regulations 1998 and shall come into force on 1st April 1998.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the 1974 Act” means the Health and Safety at Work etc. Act 1974;
“agricultural activities” —
includes horticulture, fruit growing, seed growing, dairy farming, livestock breeding and keeping, including the management of livestock up to the point of slaughter or export from Great Britain, forestry, the use of land as grazing land, market gardens and nursery grounds and the preparation of land for agricultural use;
does not include such activities at a garden centre or other shop,
and for this purpose “livestock breeding and keeping” does not include activities the main purpose of which is entertainment;
“ the Commission ” means the Health and Safety Commission;
“common parts” means those parts of premises used in common by, or for providing common services to or common facilities for, the occupiers of the premises;
“construction work” and “contractor” have the meanings assigned to them by regulation 2(1) of the Construction (Design and Management) Regulations 1994 ;
“dock premises” has the meaning assigned to it by regulation 2(1) of the Docks Regulations 1988 ;
“electricity system” does not include the consumer’s installation within the meaning of regulation 3(1) of the Electricity Supply Regulations 1988 ;
“ the Executive ” means the Health and Safety Executive;
“fairground” means such part of premises as is for the time being used wholly or mainly for the operation of any fairground equipment, other than a coin-operated ride, non-powered children’s playground equipment, swimming pool slide, go-kart, or plant designed to be used by members of the public for entertainment purposes for bouncing upon;
“gas” has the meaning assigned to it by section 48 of the Gas Act 1986 ;
“gas fitting” has the meaning assigned to it by section 48 of the Gas Act 1986;
“gas system” does not include a portable or mobile appliance supplied with gas from a cylinder, or the cylinder, pipes and other fittings used for supplying gas to that appliance;
“ionising radiation” has the meaning assigned to it by regulation 2(1) of the Ionising Radiations Regulations 1985 ;
“livestock” means any creature kept for the production of food, wool, skins or fur or for the purpose of any agricultural activity;
“local authority” means —
in relation to England, a county council so far as they are the council for an area for which there are no district councils, a district council, a London borough council, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple, the Under-Treasurer of the Middle Temple or the Council of the Isles of Scilly;
in relation to Scotland, the council for a local government area; and
in relation to Wales, a county council or a county borough council;
“mine” has the meaning assigned to it by section 180 of the Mines and Quarries Act 1954 ;
“office activities” includes any activity for the purposes of administration, clerical work, handling money, telephone and telegraph operating and the production of computer software by the use of computers; and for this purpose “clerical work” includes writing, book-keeping, sorting papers, filing, typing, duplicating, machine calculating, drawing and the editorial preparation of matter for publication except where that preparation is on the premises where newspapers, magazines, periodicals or books are printed;
“pleasure craft” has the meaning assigned to it by regulation 2(1) of the Docks Regulations 1988;
“preparation dangerous for supply” has the meaning assigned to it by regulation 2(1) of the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994 ;
“prescribed system of guided transport” means a system using a mode of guided transport prescribed by regulation 3 of the Railways and Other Transport Systems (Approval of Works, Plant and Equipment) Regulations 1994 ;
“quarry” has the meaning assigned to it by section 180 of the Mines and Quarries Act 1954;
“railway” means a railway or tramway with (in either case) a gauge of 350 millimetres or more or a prescribed system of guided transport;
“substance dangerous for supply” has the meaning assigned to it by regulation 2(1) of the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994;
“veterinary surgery” has the meaning assigned to it by section 27 of the Veterinary Surgeons Act 1966 ;
“work” in relation to a gas fitting has the meaning assigned to it by regulation 2(1) of the Gas Safety (Installation and Use) Regulations 1994 ;
“zoo” has the meaning assigned to it by section 1(2) of the Zoo Licensing Act 1981 .
2
In these Regulations (except regulation 4(7)), unless the context otherwise requires, any reference to the enforcing authority for premises or parts of premises is a reference to the enforcing authority for the relevant statutory provisions in relation to those premises or parts, as the case may be, and to any activity carried on in them.
3
In these Regulations, unless the context otherwise requires, any reference to —
a
a numbered regulation or Schedule is a reference to the regulation of or Schedule to these Regulations so numbered; and
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which that reference appears.
Local authorities to be enforcing authorities in certain cases
3
1
Where the main activity carried on in non-domestic premises is specified in Schedule 1, the local authority for the area in which those premises are situated shall be the enforcing authority for them, and the Executive shall be the enforcing authority in any other case including the common parts of domestic premises.
2
Where such premises are occupied by more than one occupier each part separately occupied shall be regarded as being separate premises for the purposes of paragraph (1).
3
While a vehicle is parked in connection with the sale from it of food, drink or other articles the vehicle together with its pitch shall be regarded as separate premises for the purposes of paragraph (1).
4
Where paragraph (2) applies, the local authority shall be the enforcing authority for the common parts, except that —
a
if the Executive is the enforcing authority for —
i
all other parts of the premises, the Executive shall be the enforcing authority for the common parts;
ii
any other part of the premises and the occupier of that part has any obligations under the relevant statutory provisions for any matters appertaining to the common parts, the Executive shall be the enforcing authority for those provisions in respect of such matters;
b
in the case of land within the perimeter of an airport the Executive shall be the enforcing authority for the common parts —
i
which are not within a building; or
ii
to which passengers are admitted but other members of the public are not admitted.
5
Paragraph (2) shall not apply to —
a
the tunnel system within the meaning it would have in section 1(7) of the Channel Tunnel Act 1987 if the words “to be” did not appear;
b
an offshore installation within the meaning of regulation 3 of the Offshore Installations and Pipeline Works (Management and Administration) Regulation 1995 ;
c
a building or construction site, that is to say, premises where the only activities being undertaken are construction work and activities for the purposes of or in connection with such work;
d
the campus of a university, polytechnic, college, school or similar educational establishment;
e
a hospital;
and the Executive shall be the enforcing authority for the whole of any such premises.
6
Notwithstanding paragraph (4), the Executive shall be the enforcing authority for the common parts in a railway station or terminal or in a goods yard which is served by a railway.
7
This regulation shall have effect subject to regulations 4, 5 and 6.
Exceptions
4
1
The Executive shall be the enforcing authority for —
a
the enforcement of any of the relevant statutory provisions against a body specified in paragraph (3) or the officers or servants of such a body;
b
any part of premises occupied by such a body.
2
Where premises are mainly occupied by a body specified in paragraph (3) and are partly occupied by another person for the purpose of providing services at the premises for that body, the Executive shall be the enforcing authority for the part of the premises occupied by that other person.
3
The bodies referred to in paragraphs (1) and (2) are —
a
a county council;
b
any other local authority as defined in regulation 2;
c
a parish council in England or a community council in Wales or Scotland;
d
a police authority or the Receiver for the Metropolitan Police District;
e
a fire authority within the meaning of section 43(1) of the Fire Precautions Act 1971 ;
f
a headquarters or an organisation designated for the purposes of the International Headquarters and Defence Organisation Act 1964 ; or a service authority of a visiting force within the meaning of section 12 of the Visiting Forces Act 1952 ;
g
the United Kingdom Atomic Energy Authority;
h
the Crown, but regulation 3 shall apply to any part of premises occupied by the Executive and to any activity carried on there.
4
The Executive shall be the enforcing authority for —
a
section 6 of the 1974 Act;
b
the other relevant statutory provisions in respect of any activity specified in Schedule 2 (whether or not it is the main activity carried on in premises).
5
Regulation 3 and the preceding provisions of this regulation shall have effect subject to any provisions made for enforcement responsibility by other regulations made under the 1974 Act or by any of the existing statutory provisions.
6
The preceding provisions of this regulation shall have effect subject to regulations 5 and 6.
7
Notwithstanding regulation 3 and the preceding provisions of this regulation, an authority empowered to grant a licence for a factory, magazine or store or to register premises under the 1875 Act shall be the enforcing authority for the 1875 Act in relation to such factory, magazine, store or premises, as the case may be; and in this paragraph “the 1875 Act” means such provisions of the Explosives Act 1875 and such Orders in Council, Orders, Bylaws, Regulations and Rules made thereunder as are relevant statutory provisions.
Arrangements enabling responsibility for enforcement to be transferred
5
1
The responsibility for enforcing any of the relevant statutory provisions in respect of any particular premises, part of premises, or any activity carried on there may be transferred from the Executive to the local authority or from the local authority to the Executive.
2
A transfer may be made only by agreement between the enforcing authority which has the current responsibility and the authority to which it proposed to transfer it, or by the Commission.
3
Where a transfer has been made, the authority to which responsibility has been transferred shall cause notice of the transfer to be given to persons affected by it, and where a transfer has been made by the Commission the Commission shall cause notice of it to be given to both enforcing authorities concerned.
4
The preceding provisions of this regulation shall not apply to any part of premises occupied by the Crown or to any activity carried on there but responsibility for enforcing any of the relevant statutory provisions in respect of office activities and the premises used for them may be transferred by an agreement between the Executive, the local authority concerned and the Government Department or other public body concerned.
Arrangements enabling responsibility for enforcement to be assigned in cases of uncertainty
6
1
The responsibility for enforcing any of the relevant statutory provisions in respect of any particular premises, part of premises or any activity carried on there may be assigned to the Executive or to the local authority; and an assignment under this paragraph may be made only by the Executive and the local authority jointly and only where they agree —
a
that there is uncertainty in the particular case as to what are their respective responsibilities by virtue of regulations made under section 18(2) of the 1974 Act; and
b
which authority is more appropriate to be responsible for enforcement in that case;
and where such an assignment is made the authority to which responsibility has been assigned shall cause notice of assignment to be given to persons affected by it.
2
For the purpose of removing uncertainty in any particular case as to what are their respective responsibilities by virtue of regulations made under section 18(2) of the 1974 Act either the Executive or the local authority may apply to the Commission and where the Commission considers that there is uncertainty it shall, after considering the circumstances and any views which may have been expressed to them by either enforcing authority or by persons affected, assign responsibility to whichever authority it considers appropriate; and where such an assignment is made the Commission shall cause notice of the assignment to be given to both enforcing authorities concerned and to persons affected by it.
Revocation of instruments
7
The instruments specified in column 1 of Schedule 3 are revoked to the extent specified in column 3 of that Schedule.
Signed by authority of the Secretary of State
Angela Eagle
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
2nd March 1998


text:
Citation and commencement
1
This Order may be cited as the Oxfordshire Mental Healthcare National Health Service Trust (Establishment) Amendment Order 1998 and shall come into force on 1st June 1998.
Amendment of Establishment Order
2
In the Oxfordshire Mental Healthcare National Health Service Trust (Establishment) Order 1993 —
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 own 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
20th May 1998


text:
Citation and commencement
1
This Order may be cited as the NCIS (Senior Police Members) (Appeals) Order 1998 and shall come into force on 1st April 1998.
Interpretation
2
In this Order:
“the 1997 Act ” means the Police Act 1997;
“disciplinary hearing” means a hearing pursuant to provisions made in regulations under section 37 of the 1997 Act;
“NCIS” means the National Criminal Intelligence Service established under section 2 of the 1997 Act;
“NCIS appeals tribunal” means a tribunal established under article 6 of this Order;
“NCIS Service Authority” means the Service Authority established under section 1 of the 1997 Act;
“NCIS service fund” means the fund maintained by the NCIS Service Authority under section 16 of the 1997 Act;
“National Crime Squad” means the National Crime Squad established under section 48 of the 1997 Act;
“police force” means a force maintained under section 2 of the Police Act 1996 , and
“member of a police force” shall be construed accordingly;
“referred matter” means a matter referred to the Police Complaints Authority pursuant to regulations made under section 39 of the 1997 Act;
“senior police member” means the Director General and persons appointed under section 9(2)(a) of the 1997 Act as police members of NCIS.
PART I —
APPEALS AGAINST DISMISSAL, ETC.
Appeals against dismissal etc.
3
1
A senior police member of NCIS who is dismissed or required to resign by a decision taken in proceedings under regulations made in accordance with section 37 of the 1997 Act may appeal to an NCIS appeals tribunal against the decision except where he has a right of appeal to some other person; and in that case, he may appeal to an NCIS appeals tribunal from any decision of that other person as a result of which he is dismissed or required to resign.
2
Where an NCIS appeals tribunal allow an appeal it may, if it considers it appropriate to do so, make an order dealing with the appellant in a way —
a
which appears to the tribunal to be less severe than the way in which he was dealt with by the decision appealed against, and
b
in which he could have been dealt with by the person who made that decision.
Effect of orders
4
1
Where an appeal is allowed, the order shall take effect by way of substitution for the decision appealed against, and as from the date of that decision or, where that decision was itself a decision on appeal, the date of the original decision appealed against.
2
Where the effect of the order made by the NCIS appeals tribunal is to reinstate the appellant as a senior police member of NCIS, he shall, for the purpose of reckoning service for pension and, to such extent (if any) as may be determined by the order, for the purpose of pay, be deemed to have served in NCIS continuously from the date of the original decision to the date of his reinstatement.
3
Where the effect of the order made by the NCIS appeals tribunal is to reinstate the appellant as a senior police member of NCIS and he was suspended for a period immediately preceding the date of the original decision or any subsequent decision, the order shall deal with the suspension.
Costs
5
1
An appellant shall pay the whole of his own costs unless the NCIS appeals tribunal directs that the whole or any part of his costs are to be defrayed out of the NCIS service fund.
2
Subject to sub-paragraph (1), all the costs and expenses of an appeal under this Order, including the costs of the respondent and any remuneration or expenses paid by virtue of article 7, shall be defrayed out of the NCIS service fund.
PART II —
CONSTITUTION OF TRIBUNAL ETC.
Membership of an NCIS appeals tribunal
6
1
In any appeal under article 3, the NCIS appeals tribunal shall consist of three members appointed by the Secretary of State, of whom —
a
one shall be a person chosen from a list of persons who have a seven year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 and have been nominated by the Lord Chancellor for the purpose of this Order;
b
one shall be a member of a police authority who is not a member of the NCIS Service Authority; and
c
one shall be a person who —
i
is (or has within the previous five years been) an inspector of constabulary, or
ii
has within the previous five years been (and is no longer) the Commissioner of Police of the Metropolis.
2
The Member of the NCIS appeals tribunal to whom sub-paragraph (1)(a) applies shall be the Chairman.
Remuneration and expenses
7
Members of the NCIS appeals tribunal shall be —
a
paid such remuneration, and
b
reimbursed for such expenses,
as the Secretary of State may determine.
PART III —
PROCEDURE
Respondent
8
On any appeal under article 3 the respondent shall be the NCIS Service Authority.
The Registrar
9
1
For the purposes of this Order, the Registrar means an officer or member (not being a police member) of the NCIS Service Authority who is appointed by the Authority to perform the functions of the Registrar specified in this Order in relation to any appeal brought by a senior police member of NCIS under article 3.
2
Subject to article 10(3), on receipt of a notice of appeal by a senior police member of NCIS the Registrar shall forthwith request the Secretary of State to appoint the members of the NCIS appeals tribunal which shall determine the appeal in accordance with this Order.
3
The Secretary of State shall inform the Registrar, as soon as he has made the required appointments, of the names and addresses of the members of the tribunal whom he has appointed.
4
The Registrar shall keep a register (“the NCIS Appeals Tribunal Register”) of all appeals brought by senior police members of NCIS under article 3.
5
Any functions of the Registrar specified in this Order may be performed by another officer or member (not being a police member) of NCIS who is appointed by the NCIS Service Authority to act as an assistant to the Registrar.
Notice of Appeal
10
1
An appeal under article 3 shall be made by the appellant giving the Registrar written notice of appeal, in the form set out in the Schedule to this Order or a form to the like effect.
2
The notice of appeal shall be given within the period of 21 days beginning with the day on which the appellant was notified in writing of the relevant decision and in this and paragraph (5) the expression “relevant decision” means the decision as to finding or punishment or both, as the case may be, in relation to the disciplinary charge which was preferred against the appellant, except that where there is a right of appeal from such decision to some other person it means the decision of that other person.
3
Where an application is made by the appellant to extend the period for giving notice of appeal the Registrar shall request the Secretary of State to appoint a person who satisfies the requirements of article 6(1)(a), who shall determine whether it is just and right to extend the period for giving notice of appeal and shall notify the appellant of his decision which shall be final.
4
If the appellant does not annex to the notice of appeal all the written statements in paragraphs 5, 6 and 7 thereof (hereinafter referred to as “the supporting statements”), he shall supply the Registrar with the statements not annexed to the notice of appeal within the period of 50 days beginning with the day on which he was notified in writing of the relevant decision; and, if he fails to do so, the Registrar shall be entitled to treat the notice of appeal as withdrawn and no further action in connection with the appeal shall be taken.
5
Where the period for giving notice of appeal is extended the period for serving the supporting statements in accordance with paragraph (4) shall be calculated as if the decision under paragraph (3) was the “relevant decision”.
6
The appellant shall send a copy of the notice of appeal and of the supporting statements to the respondent at the same time as they are sent to the Registrar.
7
Where the Registrar is satisfied, on the application of the appellant, that by reason of the special circumstances of the case it is just and right to do so, he may extend the period mentioned in paragraph (4) and, in such case, paragraph (4) shall have effect as if for the period in question there were substitued such extended period as he may specify.
8
Following receipt of the notice of appeal and supporting statements, the Registrar shall —
a
enter particulars of the appeal in the NCIS Appeals Tribunal Register;
b
when he has been notified of the names and addresses of the members of the tribunal, provide each member with a copy of the notice of appeal and the supporting statements.
Statement by respondent
11
1
The respondent shall, not later than 21 days after the date on which a copy of the notice of appeal and supporting statements are sent to it under article 10(6), send to the Registrar a statement as to whether or not the respondent intends to oppose the appeal and, where it desires to oppose it, as to —
a
the facts and contentions on which it relies and the documentary or other evidence, if any, which it desires to submit;
b
whether it desires to appear at any hearing by a legal or other representative; and
c
whether (unless the appeal is against punishment only), in any such event, the hearing would be one to which article 19 applies and, if so, the name and address of the complainant within the meaning of that article.
2
The respondent shall also send to the Registrar —
a
a copy of the report of the disciplinary hearing; and
b
a copy of the discipline form prepared in connection with the disciplinary hearing.
3
The respondent, if so required by the Registrar on behalf of the Chairman of the tribunal, shall also send him such number of copies as he may require of such papers, reports, records and other documents as the Chairman may specify, by such date as may have been specified in the requirement.
4
The respondent shall send to the appellant —
a
a copy of the statement sent to the Registrar under paragraph (1); and
b
a list of the documents copies of which have been sent to the Chairman in accordance with paragraph (3) together with copies of all such documents save in so far as they have previously been given to the appellant.
5
On receipt of the statement of the respondent and any documents sent under paragraphs (2) and (3) the Registrar shall provide each member of the NCIS appeals tribunal with a copy of the statement and those documents.
6
Where, as respects a particular charge, the appeal is against both finding and punishment the Registrar shall, so far as is practicable, withhold so much of the statement in paragraph (1) and documents mentioned in paragraph (3) as appear to him to relate to the appellant’s general character and record of NCIS and police service until the NCIS appeals tribunal has reached a decision as to the finding and is about to consider the question of punishment.
7
Where the Registrar is satisfied, on the application of the respondent, that by reason of the special circumstances of the case it is just and right to do so, he may extend the period mentioned in paragraph (1) and, in such case, paragraph (1) shall have effect as if for the period in question there were substituted such extended period as he may specify.
Withdrawal and amendment of notice of appeal, etc.
12
1
At any time before an appeal is decided by the NCIS appeals tribunal it may, on written application in that behalf, allow the appellant to withdraw his notice of appeal and, accordingly, where it so allows, no further action in relation to the appeal shall be taken.
2
The appellant shall send a copy of his written application under paragraph (1) to the respondent.
3
The tribunal shall send a copy of its decision on the application under paragraph (1) to the appellant and the respondent.
4
At any time before an appeal is decided the Chairman of the tribunal may, in his discretion and subject to such conditions, if any, as he thinks fit, allow —
a
the appellant to amend his notice of appeal or any of the supporting statements;
b
the respondent to amend his statement under article 11(1) or the documentary material sent to the Registrar in accordance with article 11(3).
5
Any amendments made pursuant to paragraph (4) shall be copied by the amending party to the other party and to the NCIS appeals tribunal.
Preliminary consideration by the tribunal
13
Not later than 3 months after the date on which the Registrar received the notice of appeal under article 10, the NCIS appeals tribunal shall —
a
consider the parties' statements and any other documents which they have submitted in support of their case; and
b
decide whether —
i
a hearing of the appeal should be held; or
ii
the parties should be notified that the NCIS appeals tribunal is minded to determine the appeal without a hearing.
Hearing
14
1
An NCIS appeals tribunal may determine a case without a hearing but shall not decide to do so unless both the appellant and the respondent have been afforded an opportunity to make written or, if either so requests, oral representations and any such representations have been considered.
2
Where a hearing is held, the appellant shall have the right to appear by a serving member of a police force, a police member of NCIS or the National Crime Squad, by counsel or a solicitor; and the respondent shall have the right to appear by an officer of NCIS, by the clerk or other officer of the NCIS Service Authority, by counsel or a solicitor.
3
Paragraph (2) shall apply to any hearing of oral representations under paragraph (1).
Notice of hearing
15
1
Where the NCIS appeals tribunal decides that there should be a hearing of the appeal, the Registrar shall, with due regard to the convenience of the parties, fix the time and place for the hearing and, not less than 28 days before the date so fixed (or such shorter time as the parties may agree), send to each party a notice that the hearing is to be at such time and at such place.
2
The hearing of the appeal shall be fixed so as to commence not later than 6 months after the date on which the Registrar received the notice of appeal under article 10, unless the Chairman of the tribunal is satisfied that by reason of the special circumstances of the case it is just and right to extend that period and in such case the appeal shall be fixed so as to commence within such extended period as the Chairman may specify.
3
The Registrar shall include with the notice of hearing —
a
information and guidance as to attendance at the hearing of the parties and witnesses and the right to be represented as specified in article 14(2);
b
a statement that the parties will receive a copy of the report of the tribunal and that this will contain its decision, any directions as to costs, the reason for its decision and any direction as to costs; and
c
a statement explaining the possible consequences of non-attendance and of the right of a party who does not attend and is not represented to make representations in writing.
4
Subject to paragraph (2), the NCIS appeals tribunal may alter the time and place of the hearing and the Registrar shall give the parties not less than 7 days (or such shorter time as the parties agree) notice of any such alteration; but any altered hearing date shall not (unless the parties agree) be before the date notified under paragraph (1).
Failure of parties to attend hearing
16
1
If a party fails to attend or be represented at a hearing of which he has been duly notified in terms of article 15, the NCIS appeals tribunal may —
a
unless it is satisfied that there is sufficient reasons for such absence, hear and determine the appeal in the party’s absence; or
b
adjourn the hearing.
2
Before deciding to dispose of the appeal in the absence of a party, the NCIS appeals tribunal shall consider the party’s statements and any other documents submitted by them in relation to the appeal.
Procedure at the hearing
17
1
Subject to the provisions of this Order —
a
the hearing shall be held in private:
Provided that it shall be within the discretion of the NCIS appeals tribunal to allow such person or persons as it considers desirable to attend the whole or such part of the hearing as it thinks fit;
b
the procedure at the hearing shall be determined by the NCIS appeals tribunal who shall have the power to hear any new evidence or to re-hear the evidence given at the disciplinary hearing;
c
unless the NCIS appeals tribunal otherwise determines, the evidence adduced by the respondent shall be given first;
d
all oral evidence given at the hearing shall be given on oath;
e
all witnesses giving evidence at the hearing shall be subject to examination and cross-examination.
2
A member of the Council on Tribunals shall be entitled to attend the hearing.
3
Any question as to whether any evidence is admissible, or whether any question should or should not be put to a witnesss, shall be determined by the NCIS appeals tribunal.
4
A verbatim record of the evidence given at the hearing shall be taken and kept for a period of not less than seven years from the end of the hearing unless the Chairman of the tribunal requests that a transcription of the record be made.
Statements in lieu of oral evidence
18
1
Subject to the provisions of this article, the NCIS appeals tribunal may admit evidence by way of a written statement made by a person, notwithstanding that he may not be called as a witness, so, however, that evidence shall not be admissible thereunder if it would not have been admissible had it been given orally.
2
For the purposes hereof, a written statement purporting to be made and signed by a person and witnessed by another person shall be presumed to have been made by that person unless the contrary be shown.
3
If either of the parties proposes to adduce written evidence in pursuance of this article at a hearing, he shall give the other party a copy of the statement at least 21 days before the date of that hearing and invite that party to agree or object, in writing, to the admission of the statement in evidence without the maker thereof being called as a witness and being available for cross-examination and, if that party, within 14 days from the receipt by him of the copy of the statement has so objected, the statement shall only be admitted in evidence if the maker is called and is available as aforesaid:
Provided that if the parties in writing agree in the case of a particular statement, this paragraph shall have effect in relation to that statement as though —
the reference to a period of 21 days were a reference to such shorter period as they may agree;
the reference to a period of 14 days were a reference to such shorter period, expiring before the date of the hearing, as they may agree.
4
Where, notwithstanding that the other party has not so objected and a written statement has been admitted in evidence without the maker thereof being called and being available as aforesaid, the NCIS appeals tribunal is of the opinion that oral evidence should be given, it may request that the maker be called as a witness and, in such cases, unless the maker gives oral evidence, the tribunal shall be entitled to disregard the written evidence.
5
Nothing in this article shall prejudice the admission of written evidence which would be admissible apart from the provisions thereof.
Attendance of complainant at hearing
19
1
This article shall apply in relation to a hearing where the charge as respects which the appeal is brought is in respect of a complaint or referred matter and the appeal is not against punishment only.
2
The Registrar shall cause notice of the date of the hearing to be sent to the complainant, at the same time as such notice is sent to the parties under article 15.
3
Notwithstanding anything in article 17 but subject to paragraph (5), the NCIS appeals tribunal shall allow the complainant to attend the hearing while witnesses are being examined, or cross-examined, on the facts alleged in the charge and, if the tribunal considers it appropriate to do so on account of the age of the complainant, or otherwise, it shall allow him to be accompanied by a personal friend or relative who is not to be called as a witness at the hearing;
Provided that —
where the complainant is to be called as a witness at the hearing he and any person accompanying him shall not be allowed to attend before he gives his evidence; and
where it appears to the NCIS appeals tribunal that a witness may in giving evidence disclose information which, in the public interest might not to be disclosed to a member of the public, it shall require the complainant and any person allowed to accompany him to withdraw while that evidence is given.
4
Where the appellant gives evidence, then, after the person representing the NCIS Service Authority has had an opportunity of cross-examining him, the Chairman of the tribunal shall put to him any questions which the complainant requests should be so put and might have been properly so put by way of cross-examination and, at his discretion, may allow the complainant himself to put such questions.
5
Subject as aforesaid, the complainant and any person allowed to accompany him shall neither intervene in, nor interrupt the hearing; and if he or such a person should behave in a disorderly or abusive manner, or otherwise misconduct himself, the Chairman of the tribunal may exclude him from the remainder of the hearing.
Report of the tribunal
20
1
Subject to paragraphs (3) and (4), the NCIS appeals tribunal shall determine the appeal —
a
where no hearing has been held, after consideration of any representations made by virtue of article 14(1); or
b
where a hearing has been held, either at the end of the hearing or, where the NCIS appeals tribunal reserves its decision, at a later date.
2
The decision of the NCIS appeal tribunal may be taken by a majority and the Chairman shall record whether the decision was unanimous or taken by a majority.
3
The decision of the NCIS appeals tribunal shall be made —
a
where no hearing has been held pursuant to article 14(1), not later than 6 months after the date on which the Registrar received the notice of appeal under article 10; or
b
where a hearing has been so held, not later than one month after the end of the hearing.
4
Where a decision cannot be made within the relevant period mentioned in paragraph (3) by reason of any member of the tribunal being incapable of carrying out his duties —
a
the time limit specified in paragraph (3) shall not apply; and
b
in such a case the decision of the tribunal shall be made as soon as reasonably practicable.
5
The decision of the NCIS appeals tribunal shall be recorded not later than 7 days after the date on which it is made in a document which shall contain —
a
the terms of the order made by the tribunal in determining the appeal including any direction as to costs; and
b
a statement of the reasons for the decision, including the reasons for any direction as to costs,
and shall be signed and dated by the Chairman of the tribunal who shall send it to the Registrar.
6
The Registrar shall forthwith send a copy of the document to each party.
7
The Registrar shall send a copy of the document to the Secretary of State.
8
The Registrar shall enter particulars of the decision in the NCIS Appeals Tribunal Register.
9
Where the decision appealed against arose from a complaint, the Registrar shall inform the complainant of the finding of the tribunal.
Irregularities
21
1
Any irregularity resulting from a failure to comply with any provision of this Part of the Order or of any direction of the NCIS appeals tribunal shall not of itself render the proceedings void.
2
Where any irregularity comes to the attention of the NCIS appeals tribunal, it may, and shall if it considers that a party may have been prejudiced by that irregularity, give such directions to cure or waive the irregularity as it thinks just before reaching its decision.
3
Clerical mistakes in any document regarding a direction or decision of the Chairman or of the tribunal or errors arising in such a document from an accidental slip or omission may be corrected by the Chairman by certificate under his hand.
Alun Michael
Minister of State
Home Office
9th March 1998


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


text:
1
This Order may be cited as The Education (Student Loans) Act 1998 (Commencement) Order 1998.
2
Sections 2, 3 and 6(2) of and the Schedule to the Act shall come into force on 1st March 1998.
Tessa Blackstone
Minister of State,
Department for Education and Employment
5th February 1998
Donald Dewar
Secretary of State for Scotland
5th February 1998


text:
Citation and commencement
1
This Order may be cited as the Medicines (Pharmacy and General Sale — Exemption) Amendment (No. 2) Order 1998 and shall come into force on 19th October 1998.
Amendment of the Medicines (Pharmacy and General Sale — Exemption) Order 1980
2
The Medicines (Pharmacy and General Sale — Exemption) Order 1980 shall be amended as follows–
a
in article 1(2)(a), the following definition is inserted after the definition of “prescription only medicine”–
“registered homoeopathic medicinal product for human use” means a homoeopathic medicinal product in respect of which a certificate of registration granted pursuant to the Medicines (Homoeopathic Medicinal Products for Human Use) Regulations 1994 is in force,
;
b
in article 2, paragraphs (3) and (4) are revoked,
c
after article 6, the following article is inserted–
Exemption for certain registered homoeopathic medicinal products for human use
6A
1
The restrictions imposed by sections 52 and 53 shall not apply to the sale or supply, offer or exposure for sale or supply of a registered homoeopathic medicinal product for human use other than an excluded product if and so long as the person selling or supplying the registered homoeopathic medicinal product for human use has been requested by or on behalf of a particular person and in that person’s presence to use his own judgment as to the treatment required.
2
The restrictions imposed by section 52 shall not apply to the sale or supply, offer or exposure for sale or supply of a registered homoeopathic medicinal product for human use other than an excluded product if and so long as the conditions specified in section 53 are fulfilled.
3
For the purposes of paragraphs (1) and (2) above a product is an excluded product if it is–
a
a prescription only medicine,
b
a controlled drug, or
c
in a class specified in Schedule 3 to the Medicines (General Sale List) Order 1984 .
, and
d
in Part I of Schedule 1, in paragraph 11–
i
in the entry in column 1, there are inserted, after the words “holders of marketing authorizations within the meaning of the Medicines for Human Use (Marketing Authorisations Etc) Regulations 1994”, the words “, holders of certificates of registration granted pursuant to the Medicines (Homoeopathic Medicinal Products for Human Use) Regulations 1994”, and
ii
in the entry in column 2, the word “or” is deleted and there are inserted, after the words “marketing authorizations”, the words “or certificates of registration”.
Signed by authority of the Secretary of State for Health
Hayman
Parliamentary Under Secretary of State,
Department of Health
15th September 1998
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
22nd September 1998
Sam Galbraith
Parliamentary Under Secretary of State, The Scottish Office
22nd September 1998
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on
D.C. Gowdy
Permanent Secretary
22nd September 1998.


text:
1
This Order may be cited as the A420 Trunk Road (Majors Road Junction) Order 1998 and shall come into force on 8th May 1998.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the new trunk road” means the new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order; and
ii
“the plan” the plan numbered HA10/PS/202, marked “The A420 Trunk Road (Majors Road Junction) Order 1998.”, signed by authority of the Secretary of State for the Environment, Transport and the Regions and deposited at the Highways Agency, St Christopher House, Southwark Street, London SE1 0TE.
3
The new trunk road shall become a trunk road from the date when this Order comes into force.
4
The centre line of the new trunk road is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question.
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for traffic.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Derek Oddy
Divisional Director Highways Agency
17th April 1998


text:
1
This Order may be cited as the Foreign Satellite Service Proscription (No. 2) Order 1998 and shall come into force on 30th December 1998.
2
The foreign satellite service which at the date of making this Order is known as Eros TV is hereby proscribed for the purposes of section 178 of the Broadcasting Act 1990.
Janet Anderson
Parliamentary Under Secretary of State
9th December 1998