text:
Citation and commencement
1
This Order may be cited as the Value Added Tax (Reverse Charge) (Anti-avoidance) Order 1997 and shall apply in relation to any services performed on or after 1st July 1997.
Interpretation
2
In this Order —
“ the Act ” means the Value Added Tax Act 1994;
“ the Regulations ” means the Value Added Tax Regulations 1995 ;
“relevant telecommunications services” means services within the description which by virtue of this Order is inserted as paragraph 7A of Schedule 5 to the Act;
“relevant period” means such part of a period over which relevant telecommunications services are performed as falls after 30th June 1997;
“a supply of relevant telecommunications services by virtue of a right” means a supply of relevant telecommunications services performed on or after 1st July 1997 which is made by virtue of the exercise of a right which had been granted before 1st July 1997.
Insertion of telecommunications services into Schedule 5 to the Act
3
1
Schedule 5 to the Act shall be amended in accordance with the following paragraphs of this article.
2
After paragraph 7 there shall be inserted the following —
7A
Telecommunications services, that is to say services relating to the transmission, emission or reception of signals, writing, images and sounds or information of any nature by wire, radio, optical or other electromagnetic systems, including the transfer or assignment of the right to use capacity for such transmission, emission or reception.
.
3
In paragraph 8 for the words “paragraphs 1 to 7” there shall be substituted the words “paragraphs 1 to 7A”.
4
In paragraph 9 for the words “paragraphs 1 to 8” there shall be substituted the words “paragraphs 1 to 7 and 8”.
Modification of the effect of regulation 82 of the Regulations
4
1
Where a supply of relevant telecommunications services is treated as if it were a taxable supply by virtue of section 8(1) or 43(2B) of the Act , the effect of regulation 82 of the Regulations shall be modified as follows —
a
it shall have no effect in relation to relevant telecommunications services which are performed or which, by virtue of article 10 below, are treated as performed before 1st July 1997;
b
it shall have no effect in relation to relevant telecommunications services which are wholly chargeable to VAT in another member State;
c
where —
i
relevant telecommunications services are performed on or after 1st July 1997; and
ii
a payment in respect of those services has been made before that date,
it shall have effect in relation to those services as if the payment was made on 1st July 1997.
2
Where the circumstances mentioned in paragraph (3) below apply —
a
relevant telecommunications services which are paid for on or after 1st July 1997 shall be treated as being supplied only to the extent covered by the lower of —
i
so much of the payment as exceeds the part of the payment for the supply by reference to which VAT is chargeable in another member State; and
ii
so much of the payment as is properly attributable to the relevant period; and
b
relevant telecommunications services which are supplied for a consideration which is not in money shall be treated as being supplied only to the extent covered by the lower of —
i
so much of the consideration as exceeds the part of the consideration for the supply by reference to which VAT is chargeable in another member State; and
ii
so much of the consideration as is properly attributable to the relevant period.
3
The circumstances referred to in paragraph (2) above and article 7 below are that —
a
relevant telecommunications services are performed on or after 1st July 1997; and
b
either —
i
the services are chargeable to VAT in part in another member State; or
ii
the period over which the services are performed commenced before 1st July 1997.
Treatment of a right to relevant telecommunications services
5
1
Subject to article 6 below, where the circumstances mentioned in article 8(3) below apply the time at which and extent to which a supply of relevant telecommunications services by virtue of a right is to be treated as made shall be determined as if the supply of relevant telecommunications services and the right were a single supply of which the supply of the right and each of those supplies constituted different parts.
2
Without prejudice to the generality of paragraph (1) above, the payment for a right to relevant telecommunications services or the consideration for that right, as the case may be, shall, for the purposes of article 4 above, be treated as if it were the payment or the consideration for the relevant telecommunications services supplied by virtue of the right.
Rights not exercised before 1st July 1997
6
Where —
a
the circumstances mentioned in article 8(3) below apply;
b
a right to relevant telecommunications services is exercised on or after 1st July 1997;
c
the consideration for the right was in money; and
d
a payment in respect of the right was made before 1st July 1997,
the payment shall be deemed to have been made at the time of the exercise of the right.
Value of supply of relevant telecommunications services
7
Where the circumstances mentioned in article 4(3) above apply, the effect of paragraph 8 of Schedule 6 to the Act shall be modified so that the value of the supply treated as made shall be taken —
a
in a case where the consideration for which the relevant telecommunications services were in fact supplied was a consideration in money, to be such amount as is equal to the lower of —
i
so much of the consideration as exceeds the part of the consideration for the supply by reference to which VAT is chargeable in another member State; and
ii
so much of the consideration as is properly attributable to the relevant period; and
b
in a case where that consideration did not consist or not wholly consist of money, to be such amount in money as is equivalent to the lower of —
i
so much of the consideration as exceeds the part of the consideration for the supply by reference to which VAT is chargeable in another member State; and
ii
so much of the consideration as is properly attributable to the relevant period.
Value of relevant telecommunications services supplied by virtue of a right
8
1
For the purposes of paragraph 8 of Schedule 6 to the Act and article 7 above, where the circumstances mentioned in paragraph (3) below apply, the consideration for which the relevant telecommunications services were in fact supplied shall be deemed to be the higher of —
a
the consideration for which the services were in fact received; and
b
the lower of —
i
the open market value of the relevant telecommunications services which were in fact supplied which shall be valued as if they had not been supplied by virtue of the right; and
ii
the amount determined in accordance with paragraph (2) below.
2
The amount referred to in paragraph (1)(b)(ii) above is the sum of —
a
the consideration for which the relevant telecommunications services were in fact supplied; and
b
the consideration for the right to those services,
reduced by the open market value of the right to the relevant telecommunications services which shall be valued as if the right was a right to those services to be supplied at the open market value for those services determined in accordance with paragraph (1)(b)(i) above.
3
The circumstances referred to in paragraph (1) above are that —
a
there is a supply of relevant telecommunications services by virtue of a right; and
b
the consideration for the relevant telecommunications services which were in fact supplied is less than the open market value of those services which shall be valued as if they had not been supplied by virtue of the right.
Meaning of a right to relevant telecommunications services
9
References in this Order to a right to relevant telecommunications services include references to any right, option or priority with respect to a supply of relevant telecommunications services, and to any interest deriving from any right to relevant telecommunications services.
Time when relevant telecommunications services are treated as performed
10
1
For the purposes of this Order relevant telecommunications services which are supplied for a consideration the whole or part of which is determined or payable periodically or from time to time or in respect of which statements or invoices are issued periodically or from time to time, shall be treated as performed on the expiration of the period to which a payment, statement or invoice (as the case may be) relates.
2
Where paragraph (1) above applies the services shall be treated as performed to the extent covered by the payment, statement or invoice.
Bob Ainsworth
Graham Allen
Two of the Lords Commissioners of Her Majesty’s Treasury
30th June 1997


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Education (Individual Performance Information) (Identification of Individual Pupils) Regulations 1997 and shall come into force on 14th June 1997.
Identification of individual pupils
2
For the purposes of subsection (2) of section 537A of the Education Act 1996 (which provides that in that section “individual performance information” means information about the performance in certain assessments, examinations and qualifications of individual pupils identified in the prescribed manner) the manner of identification of individual pupils is hereby prescribed as being by —
a
gender; and
b
any one of the following —
i
surname and initial or initials;
ii
surname and first name or names; and
iii
number or letter (or numbers or letters) or any combination of these, enabling the identity of the individual pupil to be ascertained by use of the appropriate key.
Estelle Morris
Parliamentary Under Secretary of State,
Department for Education and Employment
11th June 1997
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
11th June 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South and West Devon Health Authority (Transfers of Trust Property) Order 1997 and shall come into force on 29th April 1997.
2
In this Order —
“the Authority” means the South and West Devon Health Authority;
“the Schedule” means the Schedule to this Order;
“the trust property” means, in the case of each NHS trust specified in column (1) of the Schedule, the items specified in a schedule of trust property prepared, agreed upon and signed on behalf of the Authority and that NHS trust on the date specified in column (2) of the Schedule in relation to that NHS trust.
Transfer of trust property
2
On 29th April 1997 the trust property which is trust property in relation to an NHS trust specified in the Schedule shall be transferred from the Authority to that NHS trust.
Signed by authority of the Secretary of State for Health.
John Horam
Parliamentary Under Secretary of State,
Department of Health
7th April 1997


text:
Citation and entry into force
1
1
These Regulations may be cited as the Registration of Overseas Births and Deaths (Amendment) Regulations 1997 and shall come into force on 1st July 1997.
2
In these Regulations “the principal Regulations ” means the Registration of Overseas Births and Deaths Regulations 1982 .
Amendment of the principal Regulations
2
1
The principal Regulations shall be amended in accordance with the following provisions of this Regulation.
2
In Regulation 5(1), after paragraph (f), there shall be added the following:
g
the birth of a person, born on or after 1st July 1997, who was at birth a British Overseas citizen under the provisions of paragraph 6(2) of the Hong Kong (British Nationality) Order 1986 .
3
In Regulation 8, paragraph (1)(a), after the words “British citizen,” there shall be inserted the words “British National (Overseas),”.
Elizabeth Symons
For Her Majesty’s Principal Secretary of State for Foreign and Commonwealth Affairs
6th June 1997


text:
Citation and commencement
1
This Order may be cited as the Housing Act 1996 (Consequential Amendments) (No. 2) Order 1997 and shall come into force on 1st April 1997.
Consequential amendments
2
The enactments specified in the Schedule have effect with the amendments specified.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
5th March 1997


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 5) Regulations 1998 and shall come into force on 1st August 1998.
Preliminary
2
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the following provisions of these Regulations.
Amendment of regulation 61 (emission of smoke, vapour, gases, oily substances, etc. )
3
1
Regulation 61 shall be amended as follows.
2
In paragraph (10AB) —
a
for the words “Subject to paragraphs (10AC) and (10B)” there shall be substituted “Subject to paragraph (10B)”; and
b
in sub-paragraphs (a) and (c) for the words “1st August 1994” in each place where those words occur there shall be substituted “1st August 1995”.
3
Paragraphs (10AC) and (10BC) shall be omitted.
Amendment of Schedule 7B (emissions from certain motor vehicles)
4
In Schedule 7B, in paragraph 7 for sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
“the emissions publication” is the publication entitled “In-Service Exhaust Emissions Standards for Road Vehicles — Fourth Edition” ( ISBN 0-9526457-3-4) published by the Department of the Environment, Transport and the Regions.
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
24th June 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Injury Benefits) Amendment Regulations 1998 and shall come into force on 1st April 1998.
2
In these Regulations “the principal Regulations ” means the National Health Service (Injury Benefits) Regulations 1995 .
Amendment of regulation 2 of the principal Regulations
2
In paragraph (1) of regulation 2 of the principal Regulations (interpretation) —
a
before the definition of “the 1961 regulations” insert the following definition —
“the 1997 Act ” means the National Health Service (Primary Care) Act 1997
;
b
in sub-paragraph (a) of the definition of “assistant practitioner” after the words “such practitioner” insert the words “, and for whose employment the consent of the Health Authority is required”;
c
in sub-paragraph (i) of the definition of “average remuneration” for “applie” substitute “applies”;
d
before the definition of “Dental Practice Board” insert the following definition —
“dental list” means a list prepared in accordance with regulations made under section 36(1)(a) of the National Health Service Act 1977 ;
;
e
after the definition of “employing authority” insert the following definitions —
“medical list” means a list prepared in accordance with regulations made under section 29(2)(a) of the National Health Service Act 1977;
“pilot scheme” has the meaning given in section 1(1) of the 1997 Act;
“pilot scheme employee” has the meaning given in section 2(3) of the 1997 Act;
“piloted services” has the meaning given in section 1(4) of the 1997 Act;
;
f
for the definition of “practitioner” substitute the following definition —
“practitioner” means —
a medical practitioner or a dental practitioner on the medical list or, as the case may be, the dental list of a Health Authority;
an assistant practitioner;
a medical practitioner who is providing piloted services under a pilot scheme; and
a medical practitioner who is a pilot scheme employee, and —
whose name appears on the medical list of a Health Authority; or
who was an assistant practitioner;
prior to the commencement of the pilot scheme;
g
for the definition of “relevant pension scheme” substitute the following definition —
“relevant pension scheme” means any form of arrangement, whether subsisting by virtue of an Act of Parliament, trust, contract or otherwise for the provision of pension benefits in connection with employment mentioned in regulation 3(1), including a personal pension scheme as defined in section 1 of the Pension Schemes Act 1993 , or an additional pension referred to in section 44(3)(b) of the Social Security Contributions and Benefits Act 1992 , but excluding —
any arrangements for the provision of benefits under legislation related to social security, other than the said additional pension;
any arrangement for the provision of benefits paid for by additional voluntary contributions under which the rate or amount of benefit payable is calculated by reference to the proceeds of the investment of those contributions;
.
Amendment of regulation 3 of the principal Regulations
3
In regulation 3 of the principal Regulations (persons to whom the regulations apply) —
a
in paragraph (1) —
i
in sub-paragraph (c) delete the word “or”;
ii
in sub-paragraph (d) after the word “approve” delete “,” and insert “;”;
iii
after sub-paragraph (d) insert the following sub-paragraphs —
e
is providing piloted services under a pilot scheme; or
f
is a medical practitioner who is a pilot scheme employee and for whose employment the consent of the Health Authority, with which the person providing piloted services has agreed to provide piloted services, is required,
;
b
in paragraph (2) insert “wholly or mainly” immediately before the word “attributable” in each place where that word appears.
Amendment of regulation 4 of the principal Regulations
4
In paragraph (6)(b)(ii) of regulation 4 of the principal Regulations (scale of benefits) for “sections 53(2)” to “that Act” substitute “sections 80 (dependent children), 86A (increase for adult dependants) and 87 (rate of increase where associated retirement pension is attributable to reduced contributions) of that Act”.
Amendment of regulation 4A of the principal Regulations
5
After paragraph (5) of regulation 4A (recovery of costs) insert the following paragraph —
6
This regulation shall apply to —
a
a practitioner;
b
a person providing piloted services; and
c
a medical practitioner who is a pilot scheme employee;
as if he were an officer employed by the Health Authority in whose area he is providing services or, as the case may be, the Health Authority with which the person providing piloted services has agreed to provide piloted services.
.
Signed by authority of the Secretary of State for Health.
Alan Milburn
Minister of State,
Department of Health
10th March 1998
We consent to the making of these Regulations.
Jon Owen Jones
Graham Allen
Lords Commissioners of Her Majesty’s Treasury
10th March 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service Trusts (Membership and Procedure) Amendment Regulations 1998 and shall come into force on 10th September 1998.
2
In these Regulations, “ the Regulations ” means The National Health Service Trusts (Membership and Procedure) Regulations 1990 .
Maximum number of directors
2
For regulation 2 of the Regulations (maximum number of directors), there shall be substituted the following regulation —
Maximum number of directors
2
1
The maximum number of directors of an NHS trust shall be twelve, excluding the Chairman.
2
An NHS trust shall have no more than seven non-executive directors (excluding the Chairman), and no more than five executive directors.
.
Disqualification for appointment of chairman and non-executive directors
3
At the end of regulation 11 of the Regulations, there shall be inserted the following paragraph —
6
A person shall not be disqualified by paragraph (1)(e) from being the chairman or a non-executive director of an NHS trust during the period between the date on which it is established and its operational date by virtue of being the chairman or a non-executive director of another NHS trust.
.
Signed by authority of the Secretary of State for Health.
Baroness Hayman
Parliamentary Under-Secretary of State for Health
Department of Health
4th August 1998
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under-Secretary of State for Wales
Welsh Office
10th August 1998


text:
Citation, commencement and application
1
1
This Order may be cited as the Training for Work (Miscellaneous Provisions) (Amendment) Order 1998 and shall come into force on 3rd July 1998.
2
This Order applies, subject to paragraph (4), with effect from the date of its coming into force, —
a
in the case of any person who was a Training for Work Participant at any time prior to the date of coming into force of this Order and whose participation under those arrangements, whether known as Training for Work or work based training for adults, continues, or, as the case may be, continued after that date;
b
in the case of any person who was a participant in work based training for adults at any time prior to the date of coming into force of this Order and whose participation under those arrangements, continues, or, as the case may be, continued after that date; and
c
in the case of any other person who, on or after the date of the coming into force of this Order became or becomes a participant in work based training for adults.
3
For the purposes of paragraph (2) a person is, or, as the case may be, was a participant in work based training for adults if he is, or, as the case may be, was using facilities provided in pursuance of the arrangements known by that name.
4
Nothing in this Order shall affect the treatment provided for by the principal Order of any payment in respect of any period before the coming into force of this Order.
Amendment of the principal Order
2
1
Where this Order applies, the principal Order shall have effect subject to the amendments provided for in this Article.
2
For the words “Training for Work”, wherever they appear, except in the case of reference to the title of the principal Order or of the 1993 Order, there shall be substituted the words “work based training for adults”.
3
The Schedule to this Order shall be substituted for the Schedule to the principal Order.
Signed by order of the Secretary of State.
Andrew Smith
Minister of State,
Department for Education and Employment
9th June 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Employers' Liability (Compulsory Insurance) Regulations 1998 and shall come into force on 1st January 1999.
2
In these Regulations–
“the 1969 Act ” means the Employers' Liability (Compulsory Insurance) Act 1969;
“associated structure” means, in relation to an offshore installation, a vessel, aircraft or hovercraft attendant on the installation or any floating structure used in connection with the installation;
“company” has the same meaning as in section 735 of the Companies Act 1985 ;
“inspector” means an inspector duly authorised by the Secretary of State under section 4(2)(b) of the 1969 Act;
“offshore installation” has the same meaning as in the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995;
“relevant employee” means an employee–
who is ordinarily resident in the United Kingdom; or
who, though not ordinarily resident in the United Kingdom, has been employed on or from an offshore installation or associated structure for a continuous period of not less than 7 days; or
who, though not ordinarily resident in Great Britain, is present in Great Britain in the course of employment for a continuous period of not less than 14 days; and
“subsidiary” has the same meaning as in section 736 of the Companies Act 1985.
Prohibition of certain conditions in policies of insurance
2
1
For the purposes of the 1969 Act , there is prohibited in any contract of insurance any condition which provides (in whatever terms) that no liability (either generally or in respect of a particular claim) shall arise under the policy, or that any such liability so arising shall cease, if–
a
some specified thing is done or omitted to be done after the happening of the event giving rise to a claim under the policy;
b
the policy holder does not take reasonable care to protect his employees against the risk of bodily injury or disease in the course of their employment;
c
the policy holder fails to comply with the requirements of any enactment for the protection of employees against the risk of bodily injury or disease in the course of their employment; or
d
the policy holder does not keep specified records or fails to provide the insurer with or make available to him information from such records.
2
For the purposes of the 1969 Act there is also prohibited in a policy of insurance any condition which requires–
a
a relevant employee to pay; or
b
an insured employer to pay the relevant employee,
the first amount of any claim or any aggregation of claims.
3
Paragraphs (1) and (2) above do not prohibit for the purposes of the 1969 Act a condition in a policy of insurance which requires the employer to pay or contribute any sum to the insurer in respect of the satisfaction of any claim made under the contract of insurance by a relevant employee or any costs and expenses incurred in relation to any such claim.
Limit of amount of compulsory insurance
3
1
Subject to paragraph (2) below, the amount for which an employer is required by the 1969 Act to insure and maintain insurance in respect of relevant employees under one or more policies of insurance shall be, or shall in aggregate be not less than £5 million in respect of–
a
a claim relating to any one or more of those employees arising out of any one occurrence; and
b
any costs and expenses incurred in relation to any such claim.
2
Where an employer is a company with one or more subsidiaries, the requirements of paragraph (1) above shall be taken to apply to that company with any subsidiaries together, as if they were a single employer.
Issue of certificates of insurance
4
1
Every authorised insurer who enters into a contract of insurance with an employer in accordance with the 1969 Act shall issue the employer with a certificate of insurance in the form, and containing the particulars, set out in Schedule 1 to these Regulations.
2
The certificate shall be issued by the insurer not later than thirty days after the date on which the insurance commences or is renewed.
3
Where a contract of insurance for the purposes of the 1969 Act is entered into together with one or more other contracts of insurance which jointly provide insurance cover of no less than £5 million, the certificate shall specify both–
a
the amount in excess of which insurance cover is provided by the policy; and
b
the maximum amount of that cover.
4
An employer shall retain each certificate issued to him under this regulation, or a copy of each such certificate, for a period of 40 years beginning on the date on which the insurance to which it relates commences or is renewed.
5
Where the employer is a company, retaining in any eye readable form a copy of a certificate in any one of the ways authorised by sections 722 and 723 of the Companies Act 1985 shall count as keeping a copy of it for the purposes of paragraph (4) above.
6
In any case where it is intended that a contract of insurance for the purposes of the 1969 Act is to be effective, not only in Great Britain, but also–
a
in Northern Ireland, the Isle of Man, the Island of Guernsey, the Island of Jersey or the Island of Alderney;
b
in any waters outside the United Kingdom to which the 1969 Act may have been applied by any enactment,
the form set out in Schedule 1 to these Regulations may be modified by a reference to the relevant law which is applicable and a statement that the policy to which it relates satisfies the requirements of that law.
Display and production of copies of certificates of insurance
5
1
Subject to paragraph (4) below, an employer who has been issued with a certificate in accordance with regulation 4 above shall display one or more copies of it, in accordance with paragraphs (2) and (3) below, at each place of business at which he employs any relevant employee of the class or description to which such certificate relates.
2
Any relevant certificate which is required to be displayed in accordance with paragraph (1) above, shall be displayed in such number and in such positions and be of such size and legibility that they may be easily seen and read by any relevant employees, and shall be reasonably protected from being defaced or damaged.
3
Copies of a certificate which are required to be displayed in accordance with paragraph (1) above shall be kept on display until the date of expiry or earlier termination of the approved policy mentioned in the certificate.
4
The requirements of paragraphs (1), (2) and (3) above do not apply where an employer employs a relevant employee on or from an offshore installation or associated structure, but in such a case the employer shall produce, at the request of that employee and within the period of ten days from such request, a copy of the certificate which relates to that employee.
Production of certificates of insurance to an Inspector
6
An employer who is required by a written notice issued by an inspector to do so shall produce or send to any person specified in the notice, at the address and within the time specified in the notice–
a
either the original or a copy of every certificate issued to him under regulation 4 above which relates to a period of insurance current at the date of issue of the notice;
b
either the original or a copy of every certificate issued to him under regulation 4 above and retained by him in accordance with regulation 4(4) above.
Inspection of policies of insurance
7
Where a certificate is required to be issued to an employer in accordance with regulation 4 above, the employer shall during the currency of the insurance permit the policy of insurance or a copy of it to be inspected by an inspector–
a
at such reasonable time as the inspector may require;
b
at such place of business of the employer (which, in the case of an employer who is a company, may include its registered office) as the inspector may require.
Production by inspectors of evidence of authority
8
Any inspector shall, if so required when visiting any premises for the purposes of the 1969 Act, produce to an employer or his agent some duly authenticated document showing that he is authorised by the Secretary of State under section 4(2)(b) of the 1969 Act.
Employers exempted from insurance
9
1
The employers specified in Schedule 2 to these Regulations are exempted from the requirement of the 1969 Act to insure and maintain insurance.
2
The exemption applies to all cases to which that requirement would otherwise apply, except that for the employers specified in paragraphs 1, 12, 13 and 14 it applies only so far as is mentioned in those paragraphs.
Revocations and transitional
10
1
Subject to paragraphs (2) and (3) below, the instruments specified in column 1 of Schedule 3 to these Regulations are hereby revoked to the extent specified in column 3 of that Schedule.
2
Subject to paragraphs (4) and (5) below, in the case of an insurance policy commenced before, and current at, 1st January 1999, regulations 2 to 6 of, and the Schedule to, the 1971 Regulations shall continue to apply, instead of regulations 2 to 6 of, and Schedule 1 to, these Regulations, until the expiry or renewal of the policy or until 1st January 2000, whichever is the earlier.
3
The certificate required to be issued by regulation 4(1) of these Regulations in respect of insurance commenced or renewed on or after 1st January 1999 but before 1st April 1999 may, instead of being in the prescribed form, be in the form and contain the particulars specified in the Schedule to the 1971 Regulations.
4
Every authorised insurer who has issued a certificate in the form, and containing the particulars, specified in the Schedule to the 1971 Regulations in respect of insurance current at 1st April 2000 shall replace it by that date with a certificate in the prescribed form and the replacement shall then be the relevant certificate for the purposes of regulation 5 of these Regulations.
5
The certificates to which regulation 4(4) of these Regulations applies include any certificate of which a copy is required to be displayed or maintained by regulation 6(1) of the 1971 Regulations immediately before 1st January 1999, and any such certificate shall be treated for the purposes of regulation 6 of these Regulations as having been issued under regulation 4 of these Regulations.
6
Regulation 7 of these Regulations applies where a certificate is required, in accordance with paragraph (2) above, to be issued in accordance with the 1971 Regulations as it applies where a certificate is required to be issued in accordance with regulation 4 of these Regulations.
7
In this regulation–
“in the prescribed form” means in the form, and containing the particulars, required by regulation 4(1) and (3) of, and Schedule 1 to, these Regulations;
“the 1971 Regulations” means the Employers' Liability (Compulsory Insurance) General Regulations 1971 as in force on 31st December 1998, including those Regulations as applied by the Employers' Liability (Compulsory Insurance) (Offshore Installations) Regulations 1975 .
Signed by authority of the Secretary of State
Alan Meale
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
13th October 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as The Ealing, Hammersmith and Fulham Mental Health National Health Service Trust (Establishment) Order 1998 and shall come into force on 10th December 1998.
2
In this Order, unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 10th December 1998;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Ealing, Hammersmith and Fulham Mental Health 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 The Ealing, Hammersmith and Fulham Mental Health National Health Service Trust.
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 to provide and manage pursuant to section 5(1)(b) of the Act Trust Headquarters, St Bernard’s Wing, Uxbridge Road, Southall, Middlesex UB1 3EU, and associated hospitals, establishments and facilities, and from there to provide and manage hospital accommodation and services and to provide and manage community health services.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment by virtue of paragraph 3(2)(a) of Schedule 2 to the Act, one of the non-executive directors shall be appointed from the University of London.
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 the establishment date and the operational date the trust shall have the functions–
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance of Health Authorities before operational date
7
1
The Ealing, Hammersmith & Hounslow Health Authority shall discharge the liabilities of the trust incurred during the period from and including the establishment date until the operational date that are of a description specified in paragraph (2) of this article.
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 its operational date.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,
Department of Health
30th November 1998


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Harlow District Council and North Hertfordshire District Council) Order 1998 and shall come into force on 19th March 1998.
Exemption of activities carried out by Harlow District Council
2
The following activities carried out by the council of the district of Harlow shall not be treated as defined activities so long as they are carried out at or in relation to the Berecroft Estate, Harlow during the period beginning with 19th March 1998 and ending on 28th February 1999:
housing management ;
maintenance of ground ;
other cleaning ;
legal services ; and
construction and property services .
Exemption of maintenance of ground carried out by North Hertfordshire District Council
3
The maintenance of ground by the council of the district of North Hertfordshire shall not be treated as a defined activity so long as it is carried out in the Letchworth and Baldock areas within that district during the period beginning with 19th March, 1998 and ending on 31st October 1998.
Signed by authority of the Secretary of State,
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
17th February 1998


text:
1
This Order may be cited as the A136 Trunk Road (Station Road, Parkeston) (Detrunking) Order 1998 and shall come into force on 27th March 1998.
2
In this Order —
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the trunk road” means the A136 Trunk Road.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a classified road from the date when this Order comes into force.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
J. Boud
Divisional Director, Highways Agency
4th March 1998


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Test Valley) Designation (Amendment) Order 1998 and shall come into force on 22nd June 1998.
Interpretation
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (Test Valley) Designation (Amendment) Order 1993 , as amended at the date that this Order comes into force.
Amendment of the principal Order
3
The principal Order shall be amended in accordance with the following provisions of this Order.
4
In article 2(1) of the principal Order, the provisions immediately following the words “In this Order — ” to the end of article 2(1), in so far as they were made under section 18 of the Agriculture Act 1986, shall be deleted and the following definitions shall be inserted at their appropriate alphabetical place:
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3;
“buffer strip” means a strip of land which is subject to a prohibition on the use of fertilisers and pesticides, is at least five metres wide and is located at the edge of a field used for the production of arable crops;
“capital activity” means an activity specified in Schedule 1;
“conservation plan” means a plan incorporated into an agreement for the carrying out of one or more capital activities within a specified period;
“cultivated land” means land which is regularly ploughed or otherwise cultivated or that is regularly treated with fertilisers;
“extensive permanent grassland” means permanent grassland which is receiving no or only minimal inputs of fertiliser or pesticides;
“farmer” means a person who has an interest in agricultural land in the area designated by article 3 and who has also entered into an agreement with the Minister;
“grassland” means land on which the vegetation consists primarily of grass species and includes meadowland, pasture and rough grazing;
“grassland management plan” means a plan for the carrying out of certain specific operations, including stock management and fertiliser restrictions, required by the agreement;
“improved permanent grassland” means permanent grassland that is regularly treated with fertilisers and used for pasture or for the production of hay or silage;
“management activity” means an activity specified in Schedule 2;
“public access route” means a strip of land which is the subject of an agreement and on which access is given to the public;
“relevant date” means 22nd June 1998;
“unimproved grassland” means grassland which has not been regularly ploughed, levelled, drained or reseeded or treated with fertilisers, lime, slag, herbicides or pesticides;
“wet grassland” means grassland with the potential to retain winter and spring water levels at marsh level to create field wetness or to allow shallow pools to develop; and
“woodland” means land used for woodland where that use is ancillary to the farming of land for other agricultural purposes.
.
5
In article 3 of the principal Order, for the words “dated 3rd March 1993, signed and sealed by the Minister” there shall be substituted “dated 18th May 1998, signed on behalf of the Minister by the Parliamentary Secretary”.
6
For article 4 of the principal Order and the heading thereto there shall be substituted the following article and heading —
Matters in respect of which payments may be made
4
A payment to be made by the Minister under an agreement may be made in respect of —
a
a capital activity; or
b
a management activity which —
i
in the case of a payment to be made under an agreement entered into before the relevant date, is specified in Part I or Part II of Schedule 2; and
ii
in the case of a payment to be made under an agreement entered into on or after the relevant date, is specified in Part I of Schedule 2.
7
For article 5 of the principal Order and the heading thereto there shall be substituted the following article and heading —
Rates of payment
5
1
Payments to be made by the Minister under an agreement shall not exceed —
a
in the case of a management activity, the rate specified in respect of that activity in column 2 of Schedule 2; and
b
in the case of one or more capital activities included in a conservation plan, £100,000 in aggregate.
2
Any works which form part of an activity which constitutes both a management activity and a capital activity may by virtue of an agreement be eligible for payment either as part of a management activity or as part of a capital activity, but the agreement together with any conservation plan incorporated in it shall not provide for payment to be made on both such bases in respect of the same works.
8
For Schedule 1 to the principal Order there shall be substituted the Schedule set out in Schedule 1 to this Order.
9
For Schedule 2 to the principal Order there shall be substituted the Schedule set out in Schedule 2 to this Order.
10
The following provisions of the principal Order shall be deleted —
a
articles 4A and 6; and
b
Schedules 1A and 3.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
18th May 1998
We consent,
Graham Allen
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
19th May 1998


text:
1
This Order may be cited as the School Standards and Framework Act 1998 (Home–School Agreements) (Appointed Day) Order 1998.
2
1st September 1999 is hereby appointed as “the relevant date” for the purposes of section 110 of the School Standards and Framework Act 1998.
Charles Clarke
Parliamentary Under Secretary of State,
Department for Education and Employment
11th November 1998
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
12th November 1998


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Exmoor) Designation (Amendment) (No. 2) Order 1998 and shall come into force on 16th October 1998.
Interpretation
2
In this Order, “the principal Order ” means the Environmentally Sensitive Areas (Exmoor) Designation Order 1993 .
Amendment of the principal Order
3
The principal Order shall have effect as if, in article 2 of the Environmentally Sensitive Areas (Exmoor) Designation (Amendment) Order 1998 , for the words “the Environmentally Sensitive Areas (Exmoor) Designation (Amendment) Order 1993” there were substituted “the Environmentally Sensitive Areas (Exmoor) Designation Order 1993”.
4
In Schedule 1 to the principal Order (capital activities), for the words “Fencing associated with the exclusion of stock under the woodland tier” there shall be substituted “Fencing associated with the exclusion of stock in woodland”.
5
In Part I of Schedule 2 to the principal Order (management activities), with respect to the rate of payment specified in respect of item 14 (hedgerow management), for “£24 per metre” in column 2 there shall be substituted “£0.24 per metre”.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
30th August 1998
We consent,
Bob Ainsworth
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
25th August 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Taunton Deane (Electoral Changes) Order 1998.
2
This Order shall come into force on 6th May 1999, except that for the purpose of all proceedings preliminary or relating to an election to be held on or after that date this Order shall come into force on 10th October 1998.
3
In this Order —
“the borough” means the borough of Taunton Deane;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to “the map” is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the Borough of Taunton Deane (Electoral Changes) Order 1998”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of Taunton Deane
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-seven wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes, or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or other similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Cheddon Fitzpaine
3
1
The parish of Cheddon Fitzpaine shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 2.
2
The parish wards shall comprise the areas described in column (2) of the Schedule by reference to wards of the borough, and the number of parish councillors to be elected for each parish ward shall be the number specified in column (3) of that Schedule.
Wards of the parish of Trull
4
1
The parish of Trull shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3.
2
The parish wards shall comprise the areas described in column (2) of the Schedule by reference to wards of the borough, and the number of councillors to be elected for each parish ward shall be the number specified in column (3) of that Schedule.
Wards of the parish of Wellington
5
1
The existing wards of the parish of Wellington shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names set out in column (1) of Schedule 4; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule and the number of councillors to be elected for each parish ward shall be the number specified in column (3) of that Schedule.
Revocation
6
The Borough of Taunton Deane (Electoral Arrangements) Order 1986 is hereby revoked.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,Department of the Environment,Transport and the Regions
5th October 1998


text:
Citation and commencement
1
These Regulations may be cited as the Local Government Finance (New Parishes) (Amendment) Regulations 1998 and shall come into force on 27th January 1999.
Interpretation and consequential amendment
2
1
In regulation 2 of the Local Government Finance (New Parishes) Regulations 1998 (“the principal Regulations”) —
a
for the definition of “the Act” there is substituted —
“the 1992 Act ” means the Local Government Finance Act 1992;
“the 1997 Act ” means the Local Government and Rating Act 1997;
“establishment order” means, as respects a relevant parish council or relevant chairman, the order under section 14 or section 16 of the 1997 Act which constituted the new parish for which it is the council, or in relation to which he is the chairman;
b
for the definition of “new parish” there is substituted —
“new parish” means a parish constituted by an order under section 14 of the 1997 Act or for which a separate parish council is established by an order under section 16 of that Act;
c
for the words from “relevant parish council” to the end there is substituted —
“relevant parish council” means a parish council established by an order under section 14 of the 1997 Act, or a separate parish council established by an order under section 16 of that Act;
“relevant year” means the financial year in which a new parish is constituted, or that in which a separate parish council is first established for a parish.
2
In regulations 3(2), (3) and (4) and 4 to 6 of the principal Regulations, for “the Act”, wherever occurring, there is substituted “the 1992 Act”.
Calculation of budget requirement
3
1
Regulation 3 of the principal Regulations is amended as follows.
2
In paragraph (1)(b), for “the section 14 order” there is substituted “the establishment order”.
3
In paragraph (2), for the words from “in a section 14 order” to the end, and in paragraph (4) for “in the relevant section 14 order”, there is substituted “in the establishment order”.
Issue of precepts
4
In regulation 5(1) of the principal Regulations, after “relevant parish” there is added “council”.
Limitation of council tax and precepts
5
In regulation 6 of the principal Regulations, for “in a section 14 order” there is substituted “in the establishment order”.
Signed by authority of the Secretary of State
Nick Raynsford
Parliamentary Under Secretary of StateDepartment of the Environment,Transport and the Regions
23rd December 1998


text:
Citation and commencement
1
This Order may be cited as the Rotherham Priority Health Services National Health Service Trust (Establishment) Amendment Order 1998 and shall come into force on 15th May 1998.
Amendment of Establishment Order
2
For Article 3 of the Rotherham Priority Health Services National Health Service Trust (Establishment) Order 1992 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 Priority Health Service Units, Rotherham District General Hospital, Moorgate Road, Rotherham S60 2UD and associated hospitals, establishments or facilities, and there to provide hospital accommodation and services;
b
to provide and manage pursuant to section 5(1)(b) of the Act the Medium Secure Unit, Wathwood Hospital, Gypsy Green Lane, Wath upon Dearne, Rotherham S63 6HJ, and there to provide hospital accommodation and services;
c
to own and manage pursuant to section 5(1)(a) of the Act Priority Health Services Headquarters, Doncaster Gate Hospital, Doncaster Gate, Rotherham S65 1DW and associated premises, and from there to provide community health services; and
d
to provide and manage pursuant to section 5(1)(b) of the Act Swallownest Court, Aughton Road, Swallownest, Rotherham S31 0TH, and there to provide community health services.
.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,
Department of Health
1st May 1998


text:
Citation and commencement
1
These Regulations may be cited as the Individual Savings Account (Insurance Companies) Regulations 1998 and shall come into force on 6th April 1999.
Interpretation
2
In these Regulations —
“individual savings account business” has the meaning given by regulation 3;
“the principal Regulations ” means the Individual Savings Account Regulations 1998 ;
“the Taxes Act ” means the Income and Corporation Taxes Act 1988.
Individual savings account business
3
For the purposes of these Regulations “individual savings account business” in relation to an insurance company means so much of that company’s life assurance business as is referable to any policy of life insurance, or to the reinsurance of liabilities under any such policy, where the policy is, on the date on which the insurance is made, a qualifying investment for an insurance component within the meaning of regulation 9 of the principal Regulations.
Tax credits on distributions to insurance companies
4
1
The repeal by section 30(4) of the Finance ( No. 2) Act 1997 of section 231(2) of the Taxes Act (payment of tax credit to a company resident in the United Kingdom) shall not have effect in relation to any distribution made to an insurance company on or after 6th April 1999 but before 6th April 2004 which is a distribution received by the insurance company in respect of investments of so much of its long term business fund as is referable to its individual savings account business.
2
Schedule 4 to the Finance (No. 2) Act 1997 shall have effect in relation to a distribution to which paragraph (1) applies with the following modifications —
a
paragraph 2 shall be omitted;
b
in paragraph 3(2) for “1999” there shall be substituted “2004”.
Modifications of the Taxes Act
5
Regulations 6 to 21 specify modifications of provisions of the Taxes Act so far as concerns individual savings account business of insurance companies.
6
In section 76(1)(d) after the words “pension business,” there shall be inserted “individual savings account business,”.
7
In section 431(2) after the definition of “foreign income dividends” there shall be inserted —
“individual savings account business” has the meaning given by regulation 3 of the Individual Savings Account (Insurance Companies) Regulations 1998;
.
8
In sections 431C(1) and 431D(1) after the words “pension business”, in both places where they occur, there shall be inserted “, individual savings account business”.
9
In section 431F after the words “pension business,” there shall be inserted “individual savings account business,”.
10
In section 432A(2) after paragraph (a) there shall be inserted —
aa
individual savings account business;
.
11
In section 432AA(4) after paragraph (a) there shall be inserted —
aa
individual savings account business;
.
12
In sections 432C(1), 432D(1) and 434D(5) after the words “pension business,”, in each place where they occur, there shall be inserted “individual savings account business,”.
13
In section 436 —
a
after the words “pension business”, in each place where they occur, there shall be inserted “or individual savings account business”;
b
in subsection (1)(a) for the words “that business” there shall be substituted “the business of each such class”.
14
In section 438(1) there shall be added at the end “or individual savings account business”.
15
In section 440(4)(a) there shall be added at the end “or individual savings account business, or assets linked both to pension business and individual savings account business but not to any other category of business”.
16
In section 440A(2)(a)(i) after the words “pension business” there shall be inserted “or individual savings account business, or both pension business and individual savings account business”.
17
In section 466(2) after the definition of “incorporated friendly society” there shall be inserted —
“individual savings account business” shall be construed in accordance with section 431;
.
18
In section 755A after paragraph (a) in each of subsections (4) and (13) there shall be inserted —
aa
individual savings account business,
.
19
In paragraph 5(5) of Schedule 19AA after the words “pension business,” there shall be inserted “individual savings account business,”.
20
1
Schedule 19AB , other than paragraphs 3 and 4, as it has effect in relation to provisional repayment periods falling in accounting periods ending on or after the day appointed under section 199 of the Finance Act 1994 for the purposes of Chapter III of Part IV of that Act (corporation tax self-assessment), shall apply in relation to individual savings account business of insurance companies as it applies in relation to pension business of such companies, with the modifications specified in regulation 21.
2
Paragraph 3 of Schedule 19AB shall apply in relation to pension business and individual savings account business taken together, so that references to repayments are references to the aggregate of amounts relating to pension business and individual savings account business, with the modifications specified in regulation 21 and the following additional modifications —
a
in sub-paragraph (1A) —
i
after the words “pension business”, where they first occur, there shall be inserted “and individual savings account business”;
ii
in paragraph (a) after the words “pension business” there shall be added “and individual savings account business”;
iii
in paragraph (b) for the words “pension business” there shall be substituted “individual savings account business”;
b
in sub-paragraph (1C) after the words “pension business”, in both places where they occur, there shall be inserted “and individual savings account business”.
21
1
The amendments made to Schedule 19AB by paragraphs 10 to 12 of Schedule 3 to the Finance (No. 2) Act 1997, other than the amendment made by paragraph 10(4) of that Schedule, shall not have effect.
2
Paragraph 1(2) of Schedule 19AB (provisional repayment period) shall have effect, in relation to an insurance company carrying on pension business that begins to carry on individual savings account business, as if a provisional repayment period began, as respects the company’s individual savings account business, when the company began to carry on individual savings account business (“the commencement date”) and ended when the provisional repayment period for the company’s pension business in which the commencement date falls ended.
3
In paragraph 1(3) of Schedule 19AB there shall be added at the end “or to the fraction determined in accordance with sub-paragraphs (4A) to (4C) below”.
4
After paragraph 1(4) of Schedule 19AB there shall be inserted —
4A
Where in any relevant accounting period a company carries on individual savings account business, the provisional fraction for the purposes of this paragraph for that accounting period shall be such fraction as the company may reasonably estimate, being a fraction which an inspector is satisfied is not likely to be greater than the relevant fraction determined in accordance with subsections (5) to (9) of section 432A for that accounting period or (as the case may be) for such part of that accounting period as ends at the end of the most recent provisional repayment period of that company.
4B
Where an inspector is not satisfied as mentioned in sub-paragraph (4A) above, he shall refer any question as to the amount of the estimate of the provisional fraction to the Special Commissioners, who shall hear and determine that question in the same way as an appeal to the Special Commissioners under the Taxes Acts.
4C
In sub-paragraph (4A) above “relevant accounting period” means —
a
the accounting period in which the date of 6th April 1999 falls, or
b
either of the next two accounting periods.
Modifications of the Taxation of Chargeable Gains Act 1992
22
Regulation 23 specifies modifications of provisions of the Taxation of Chargeable Gains Act 1992 so far as concerns individual savings account business of insurance companies.
23
In sections 212(2) and 214A(11)(a) after the words “pension business”, in both places where they occur, there shall be inserted “, individual savings account business”.
Amendments to the Manufactured Payments and Transfer of Securities (Tax Relief) Regulations 1995
24
1
The Manufactured Payments and Transfer of Securities (Tax Relief) Regulations 1995 shall be amended as follows.
2
In regulations 3(2) and 4(2) after the words “pension business”, in both places where they occur, there shall be inserted the words “or individual savings account business within the meaning of regulation 3 of the Individual Savings Account (Insurance Companies) Regulations 1998”.
Amendments to the Friendly Societies (Modification of the Corporation Tax Acts) Regulations 1997
25
1
The Friendly Societies (Modification of the Corporation Tax Acts) Regulations 1997 shall be amended as follows.
2
In regulation 2 after the definition of “incorporated friendly society” there shall be inserted the following definition —
“individual savings account business” has the meaning given by regulation 3 of the Individual Savings Account (Insurance Companies) Regulations 1998;
.
3
After regulation 19 there shall be inserted —
19A
1
Paragraph (2) prescribes a modification of section 436 of the Taxes Act so far as it applies to the life or endowment business carried on by non-directive societies other than societies —
a
which carry on any individual savings account business which is linked business, and
b
to which section 432E of the Taxes Act does not apply.
2
After subsection (3)(e) there shall be inserted the following paragraph —
and
f
the opening liabilities and the closing liabilities of the society shall be ascertained in accordance with paragraph (b) of the definition of “liabilities” in subsection (2) of section 431, and the definition of “closing liabilities” in that subsection shall not apply.
4
After regulation 20 there shall be inserted —
20A
1
Paragraph (2) prescribes a modification of section 436 of the Taxes Act so far as it applies to the life or endowment business carried on by non-directive societies —
a
which carry on any individual savings account business which is linked business, and
b
to which section 432E of the Taxes Act does not apply.
2
After subsection (5) the following subsections shall be inserted —
6
Subsection (7) below applies where the amount shown in respect of Item 3 of Part I of Schedule 7 to the Friendly Societies (Accounts and Related Provisions) Regulations 1994 (“the Item 3 amount”) is a positive amount; and subsection (8) below applies where the Item 3 amount is a negative amount.
7
The amount of the increase in liabilities to policy holders (that is to say, the excess of the society’s closing liabilities to policy holders over its opening liabilities to policy holders) that is taken into account for the purpose of computing the profits arising to the society from individual savings account business shall be the Item 3 amount.
8
The amount of the decrease in liabilities to policy holders (that is to say, the excess of the society’s opening liabilities to policy holders over its closing liabilities to policy holders) that is taken into account for the purpose of computing the profits arising to the society from individual savings account business shall be the Item 3 amount.
5
After regulation 30 there shall be inserted —
Modification of section 460(2) of the Taxes Act
31
1
Paragraph (2) prescribes a modification of section 460(2) of the Taxes Act.
2
After paragraph (b) there shall be inserted the following paragraph —
ba
shall not apply to profits arising from individual savings account business;
.
Graham Allen
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
31st July 1998


text:
1
This Order may be cited as the Value Added Tax (Place of Supply of Services) (Amendment) Order 1998 and shall apply in relation to any services supplied on or after 18th March 1998.
2
The Value Added Tax (Place of Supply of Services) Order 1992 shall be amended in accordance with the following provisions of this Order.
3
For article 17 there shall be substituted —
17
Where a supply of services consists of —
a
the letting on hire of any means of transport; or
b
services described in paragraph 7 or 7A of Schedule 5 to the Act,
and those services would be treated, apart from this article, as supplied in the United Kingdom, they shall not be treated as supplied in the United Kingdom to the extent that the effective use and enjoyment of the services takes place outside the member States.
.
4
For article 18 there shall be substituted —
18
Where a supply of services consists of —
a
the letting on hire of any means of transport; or
b
services described in paragraph 7 or 7A of Schedule 5 to the Act,
and those services would be treated, apart from this article, as supplied in a place outside the member States, they shall be treated as supplied in the United Kingdom to the extent that the effective use and enjoyment of the services takes place in the United Kingdom.
.
5
Articles 19 and 20 shall be omitted.
Graham Allen
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
17th March 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Children (Protection at Work) Regulations 1998 and shall come into force on 4th August 1998.
2
In these Regulations —
a
“the 1933 Act ” means the Children and Young Persons Act 1933 ;
b
“the 1937 Act ” means the Children and Young Persons (Scotland) Act 1937 ; and
c
“the 1963 Act ” means the Children and Young Persons Act 1963 .
Amendments to the 1933 Act
2
1
Section 18 (restrictions on employment of children) is amended as follows.
2
In subsection (1) —
a
in paragraph (a), for “thirteen years” substitute “fourteen years”;
b
after paragraph (a), insert the following new paragraph —
aa
to do any work other than light work; or
;
c
paragraph (f) is omitted; and
d
at the end insert —
g
for more than eight hours or, if he is under the age of fifteen years, for more than five hours in any day —
i
on which he is not required to attend school, and
ii
which is not a Sunday; or
h
for more than thirty-five hours or, if he is under the age of fifteen years, for more than twenty-five hours in any week in which he is not required to attend school; or
i
for more than four hours in any day without a rest break of one hour; or
j
at any time in a year unless at that time he has had, or could still have, during a period in the year in which he is not required to attend school, at least two consecutive weeks without employment.
.
3
In subsection (2), in paragraph (a) —
a
in sub-paragraph (i), after “employment” insert “on an occasional basis” and for “thirteen years” substitute “fourteen years”; and
b
after sub-paragraph (i), insert the following new sub-paragraph —
ia
the employment of children aged thirteen years (notwithstanding anything in paragraph (a) of the last foregoing subsection) in categories of light work specified in the byelaw.
.
4
After subsection (2), insert the following new subsection —
2A
In this section —
“light work” means work which, on account of the inherent nature of the tasks which it involves and the particular conditions under which they are performed —
is not likely to be harmful to the safety, health or development of children; and
is not subh as to be harmful to their attendance at school or to their participation in work experience in accordance with section 560 of the Education Act 1996 , or their capacity to benefit from the instruction received or, as the case may be, the experience gained;
“week” means any period of seven consecutive days; and
“year”, except in expressions of age, means a period of twelve months beginning with 1st January.
.
5
In subsection (3) —
a
for “taking part in a performance” substitute “doing anything”, and
b
in paragraph (b), for “take part in the performance” substitute “do it”.
3
In section 21 (penalties and legal proceedings in respect of general provsions as to employment) after subsection (2) insert the following new subsection —
2A
Where a person is charged under this section with contravening section 18(1)(j) of this Act the proviso in subsection (1) of this section shall not apply, but it shall be a defence for him to prove that he used all due diligence to secure that section 18(1)(j) should be compiled with
.
4
In section 23 (performances endangering life or limb), for “section 37” substitute “section 37(2)”.
5
In section 25 (restrictions on children going abroad to perform for profit) —
a
in subsection (1) after “abroad” insert “(a)”;
b
in that subsection, after “for profit,” insert “or”
b
for the purpose of taking part in a sport, or working as a model, where payment in respect of his doing so, other than for defraying expenses, is made to him or to another person,
;
c
in subsection (2), for the words from “for the purpose” to “profit,” substitute “for any purpose referred to in subsection (1) of this section,”;
d
in subsections (2) and (4) to (8), for “police magristrate”, wherever the words occur, substitute “justice of the peace”;
e
in subsection (3), for “the police magistrate” in the first place where the words occur substitute “a justice of the peace” and in the subsequent places where they occur substitute “the justice of the peace”;
f
in subsection (7), for “the magistrate” substitute “the justice of the peace”; and
g
subsection (9) is repealed.
6
In section 26 (punishment of contraventions), in subsection (2) —
a
after “abroad and that” insert “(a)”; and
b
after “profit,” insert “or”
b
that child has while abroad taken part in a sport, or worked as a model, and payment in respect of his doing so, other than for defraying expenses, was made to him or to another person,
.
7
In section 28 (powers of entry) —
a
in subsection (1), for “or being trained,” substitute “being trained, taking part in a sport, or working as a model,”;
b
in subsection (2)(a), before “section 37” insert “subsection (2) of”; and
c
in subsection (2)(b), for “take part in a performance” substitute “do anything”.
Amendments to the 1937 Act
8
1
Section 28 (restrictions on employment of children) is amended as follows.
2
In subsection (1) —
a
in paragraph (a), for “thirteen years” substitute “fourteen years”;
b
after paragraph (a) insert the following new paragraph —
aa
to do any work other than light work; or
, and
c
paragraph (f) is omitted; and
d
at the end insert —
g
for more than eight hours or, if he is under the age of fifteen years, for more than five hours in any day —
i
on which he is not required to attend school, and
ii
which is not a Sunday; or
h
for more than thirty-five hours or, if he is under the age of fifteen years, for more than twenty-five hours in any week in which he is not required to attend school; or
i
for more than four hours in any day without a rest break of one hour; or
j
at any time in a year unless at that time he has had, or could still have, during a period in the year in which he is not required to attend school, at least two consecutive weeks without employment.
.
3
In subsection (2), in paragraph (a) —
a
in sub-paragraph (i) after “employment” insert “on an occasional basis” and for “thirteen years” substitute “fourteen years”; and
b
after sub-paragraph (i) insert the following new sub-paragraph —
ia
the employment of children aged thirteen years (notwithstanding anything in paragraph (a) of the last foregoing subsection) in categories of light work specified in the byelaw.
.
4
After subsection (2) insert the following new subsection —
2A
In this section —
“light work” means work which, on account of the inherent nature of the tasks which it involves and the particular conditions under which they are performed —
is not likely to be harmful to the safety, health or development of children; and
is not such as to be harmful to their attendance at school or to their participation in work experience in accordance with section 123 of the Education (Scotland) Act 1980 , or their capacity to benefit from the instruction received or, as the case may be, the experience gained;
“week” means any period of seven consecutive days; and
“year”, except in expressions of age, means a period of twelve months beginning with 1st January.
.
5
In subsection (3) —
a
for “taking part in a performance” substitute “doing anything”, and
b
in paragraph (b), for “take part in the performance” substitute “do it”.
9
In section 31 (penalties and legal proceedings in respect of general provisions as to employment), after subsection (2) insert the following new subsection —
2A
Where a person is charged under this section with contravening section 28(1)(j) of this Act the proviso in subsection (1) of this section shall not apply, but it shall be a defence for him to prove that he used all due diligence to secure that section 28(1)(j) should be complied with.
.
10
In section 33 (performances endangering life or limb), for “section 37” substitute “section 37(2)”.
11
In section 36 (powers of entry) —
a
in subsection (1), for “or being trained,” substitute “being trained, taking part in a sport, or working as a model,”;
b
in subsection (2)(a), before “section 37” insert “subsection (2) of”; and
c
in subsection (2)(b), for “take part in a performance” substitute “do anything”.
Amendments to the 1963 Act
12
1
Section 37 (restrictions on children taking part in performances, etc ) is amended as follows.
2
In subsection (1), for the words from “Subject” to “applies” substitute —
1
Subject to the provisions of this section, a child shall not —
a
take part in a performance to which subsection (2) of this section applies, or
b
otherwise take part in a sport, or work as a model, where payment in respect of his doing so, other than for defraying expenses, is made to him or to another person,
.
3
In subsection (2), for “section”, in the first place where it occurs, substitute “subsection”.
4
In subsection (3) —
a
after “performance to which” insert “subsection (2) of”;
b
after “applies if” insert “no payment in respect of his taking part in the performance, other than for defraying expenses, is made to him or to another person, and — ”;
c
in paragraph (a), after “performances to which” insert “subsection (2) of”; and
d
in paragraph (b), the words from “and no payment” to “expenses” are omitted.
5
In subsection (4) —
a
for “take part in a performance or series of performances” substitute “do anything”; and
b
for “do so” substitute “do it”.
6
In subsection (6), for “taking part in a performance” substitute “any activity”.
13
In section 38(1) (restrictions on licences for performances by children under 13), after “granted” insert “in relation to a performance to which subsection (2) of that section applies”.
14
1
Section 39 (supplementary provisions as to licences) is amended as follows.
2
In subsections (1) and (2), for “the performance or one of the performances” substitute “any activity”.
3
In subsection (3) —
a
for “take part in a performance” substitute “do something”, and
b
for “to a performance” substitute “to an activity”.
4
In subsection (5), for “the performance o rlast performance” substitute “the occasion or last occasion”.
15
In section 40 (offences), in subsection (1)(a), for “take part in any performance” substitute “do anything”.
16
1
Section 42 (licences for children and young persons performing abroad) is amended as follows.
2
In subsection (1), for “the purpose of performing for profit” substitute “certain purposes”.
3
In subsection (2), after “granted” insert “in relation to a purpose referred to in subsection (1)(a) of that section”.
Consequential amendments to other statutes
17
1
In the Children Act 1972 , section 1(1) (which is spent in consequence of the amendments to section 18 of the 1933 Act in regulation 2(2)(a) and the corresponding amendment for Scotland in regulation 8) is omitted.
2
In the Justices of the Peace Act 1997 in section 18(4), paragraph (a) is omitted.
Frank Dobson
Secretary of State,
Department of Health
12th February 1998
Donald Dewar
Secretary of State, Scottish Office
12th February 1998


text:
1
This Order may be cited as the Inner London Probation Area (Amendment) Order 1998 and shall come into force on 31st December 1998.
2
The Inner London Probation Area Order 1992 shall be amended by substituting in article 4(b) for the word “twelve” the word “eleven”.
Paul Boateng
Minister of State
Home Office
22nd December 1998


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (No. 3) Order 1998 and shall come into force on 3rd November 1998.
Exemption of catering for purposes of schools and welfare
2
Catering for the purposes of schools and welfare by the council of the London Borough of Ealing shall not be treated as a defined activity so long as it consists of the provision of hot meals and is carried out during the period beginning with 3rd November 1998 and ending on 31st March 1999.
Exemptions of managing sports and leisure facilities
3
1
The management of sports of leisure facilities by the council of the borough of Harrogate shall not be treated as a defined activity so long as it is carried out within their district during the period beginning with 3rd November 1998 and ending on 1st April 2000.
2
The management of sports and leisure facilities by the council of the borough of Tonbridge and Malling shall not be treated as a defined activity so long as it is carried out at the Angel Leisure Centre, Angel Lane, Tonbridge during the period beginning with 1st January 1999 and ending on 31st March 1999.
3
The management of sports and leisure facilities by the council of the city of Worcester shall not be treated as a defined activity so long as it is carried out at Worcester Racecourse, Pitchcroft, Worcester WR1 3EJ during the period beginning with 1st January 1999 and ending on 31st December 1999.
Exemption of maintenance of ground
4
The maintenance of ground by the council of the London Borough of Merton shall not be treated as a defined activity so long as it is carried out at the sites in that borough listed in a contract known as PMO11 Grounds Maintenance Contract, Morden Area, during the period beginning with 1st January 1999 and ending on 31st March 2000.
Exemptions of legal services
5
1
The provision of legal services by any of the county councils listed in paragraph (2) below shall not be treated as a defined activity so long as it is carried out during the period beginning with 1st October 1999 and ending on 31st March 2001.
2
The councils mentioned in paragraph (1) above are–
Derbyshire County Council
Leicestershire County Council
Staffordshire County Council.
Exemption of financial services
6
The provision of financial services by the council of the District of South Gloucestershire shall not be treated as a defined activity so long as it is carried out during the period beginning with 1st April 1999 and ending on 1st July 2000.
Exemption of information technology services
7
The provision of information technology services by the council of the county of Dorset shall not be treated as a defined activity so long as it is carried out in respect of a finance-related system known as POLAR for and on behalf of North Dorset District Council during the period beginning with 3rd November 1998 and ending on 31st March 1999.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
6th October 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borders Primary Care 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 Borders Primary Care 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 Borders Primary Care 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 Kelso Hospital, Kelso and Hay Lodge Hospital, Peebles, 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 Borders 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 Borders 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:
Commencement and citation
1
This Order may be cited as The A205 Trunk Road (Wandsworth) Red Route (Clearway) Traffic Order 1998, and shall come into force on 1st May 1998.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route clearway” means the lengths of road specified in column (2) of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
h
“bus” has the meaning given by regulation 22(2) of the Traffic Signs Regulations and General Directions 1994 .
i
“bus stop” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stop”.
j
“bus stand” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stand”.
k
“London Regional Transport” has the meaning given by the London Regional Transport Act 1984 .
General prohibition of stopping
3
1
Subject to the provisions of paragraph (2) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop at any time in the trunk road red route clearway.
2
Not taken up.
Exemptions for parking
4
Not taken up.
Miscellaneous exemptions for parking
5
1
Not taken up.
2
Not taken up.
3
Not taken up.
4
Not taken up.
Exemptions for loading and unloading
6
Not taken up.
Exemptions for disabled persons
7
1
Not taken up.
2
Not taken up.
3
Not taken up.
Exemptions at bus stops and stands
8
1
The controls specified in article 3 (1) and (2) do not apply in respect of a person causing:
a
a bus to stop at a bus stop for as long as may be required to enable passengers to board or alight; or
b
a bus to stop at a bus stop or a bus stand and being used for operational reasons in the course of
providing a London bus service (as defined in section 34 of the Transport Act 1985 ) under an agreement with London Regional Transport or training drivers to allow such a service to be provided.
2
In this article “operational reasons” means:
i
to enable passengers to board and alight;
ii
to enable crew changes to take place;
iii
to maintain the scheduled timetable subject, in the case of a bus stop, to a maximum wait of two minutes.
Other exemptions
9
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
10
1
Subject to paragraph (2) of this article, the Wandsworth (Waiting and Loading Restriction) Order 1976 is hereby revoked, in so far as its provisions relate to any part of the trunk road red route clearway.
2
The revocation specified in paragraph (1) of this article shall take effect in respect of any provision contained in the Wandsworth (Waiting and Loading Restriction) Order 1976 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
24th April 1998


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Sole, Plaice and Other Species (Specified Sea Areas) (Prohibition of Fishing) Order 1998 and shall come into force on 14th January 1999.
2
In this Order–
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned;
“length”, in relation to a boat, means the length calculated in accordance with the rules specified in Article 2(1) of Council Regulation ( EEC ) No. 2930/86 defining characteristics for fishing vessels as amended ;
“sea area” means a statistical division or sub-area of the International Council for the Exploration of the Sea specified in the Schedule hereto.
Prohibition and Exception
2
1
Fishing is prohibited–
a
by any British fishing boat registered in the United Kingdom within any part of a sea area; or
b
by any other British fishing boat within any part of a sea area which lies within British fishery limits
for the species specified in paragraph (2) below, in the sea areas and during the periods also specified in that paragraph.
2
The species, sea areas and periods specified for the purposes of paragraph (1) above are–
a
sole ( Solea solea ) in sea areas ICES Statistical Sub-Areas II and IV during the period beginning with the date of the coming into force of this Order and ending immediately before 8th April 1999; and
b
i
plaice ( Pleuronectes platessa ) in sea areas ICES Statistical Divisions VIIh, j and k;
ii
sole ( Solea solea ) in sea areas ICES Statistical Sub-Areas VI , XII and XIV and ICES Statistical Divisions Vb and VIIh, j and k; or
iii
other species in that part of sea area ICES Statistical Sub-Area IV which lies within Norwegian fishery limits;
during the period beginning with the date of coming into force of this Order and ending immediately before 1st January 2000.
3
The prohibition in paragraph (1) above shall not apply to any boat whose length exceeds 10 metres, except in the case of any boat when used for the purpose of conveying persons wishing to fish for pleasure.
4
For the purpose of paragraph (2) above “other species” are all species of fish except:
cod ( Gadus morhua ),
haddock ( Melanogrammus aeglefinus ),
whiting ( Merlangius merlangus ),
saithe ( Pollachius virens ),
plaice ( Pleuronectes platessa ),
Norway pout ( Trisopterus esmarkii ),
sandeels ( Ammodytes tobianus ),
blue whiting ( Micromesistius poutassou ),
herring ( Clupea harengus ),
mackerel ( Scomber scombrus ) and
shrimps ( Crangon vulgaris ).
Powers of British sea-fishery officers in relation to fishing boats
3
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) below–
a
anywhere in relation to any British fishing boat registered in the United Kingdom; and
b
in any waters adjacent to the United Kingdom and within British fishery limits in relation to any other British fishing boat.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular–
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits he may–
a
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
8th December 1998
Sewel
Parliamentary Under Secretary of State, Scottish Office
9th December 1998
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
10th December 1998
Dubs
Parliamentary Under Secretary of State for Northern Ireland
11th December 1998


text:
1
This Order may be cited as the European Communities (Definition of Treaties) (Partnership and Co-operation Agreement between the European Communities and their Member States and the Republic of Armenia) Order 1998. It shall come into force in respect of the treaty specified in the Schedule to this Order on the date on which the treaty enters into force for the United Kingdom. This date will be notified in the London, Edinburgh and Belfast Gazettes.
2
The treaty specified in the Schedule to this Order is to be regarded as a Community Treaty as defined in section 1(2) of the European Communities Act 1972.
N. H. Nicholls
Clerk of the Privy Council