text:
PART I
INTRODUCTION
Citation, commencement and application
1
1
These Regulations may be cited as the Education (School Government) (Transition to New Framework) Regulations 1998 and shall come into force on 3rd December 1998.
2
Subject to paragraph (3), these Regulations apply in relation to —
a
county, voluntary, maintained special, grant-maintained or grant-maintained special schools, which will become maintained schools within the meaning of section 20(7) of the 1998 Act ; and
b
maintained schools within the meaning of the said subsection which were formerly county, voluntary, maintained special, grant-maintained or grant-maintained special schools.
3
These regulations do not apply in relation to a school (“an excepted school”) if —
a
it is a grouped school; or
b
in relation to any time before the appointed day, it is —
i
a county, voluntary or maintained special school proposals for the establishment of which are implemented on or after 1st January 1999; or
ii
a grant-maintained or grant-maintained special school which does not open before the appointed day (and for this purpose a school “opens” on the date when it first admits pupils); or
c
in relation to any time on or after the appointed day it is a school which was a school within sub-paragraph (b) immediately before the appointed day.
Interpretation
2
1
In these Regulations —
“the 1998 Act” means the School Standards and Framework Act 1998;
“the 1996 Act ” means the Education Act 1996 ;
“additional co-opted governor” means a co-opted governor required by virtue of paragraph 15 of Schedule 9 to the 1998 Act;
“county school”, “voluntary school”, “maintained special school”, “grant-maintained school” and “grant-maintained special school” have the same meanings as in the 1996 Act;
“current governing body” means the governing body of a county, voluntary, maintained special, grant-maintained or grant-maintained special school (other than the governing body of an excepted school);
“current school” means a county, voluntary, maintained special, grant-maintained or grant-maintained special school (other than an excepted school);
“instrument of government”, unless the context otherwise requires, means the instrument of government required by paragraph 6 of Schedule 12 to the 1998 Act, whether or not made by the end of the period prescribed in regulation 5;
“teacher” means a teacher employed under a contract of employment or a contract for services or otherwise engaged to provide his services as a teacher.
2
A reference in these Regulations (however framed) to a school which is or is to be maintained by a local education authority is a reference to a school which is or is to be so maintained in accordance with section 20(4) or (5) of the 1998 Act.
3
Except where the context otherwise requires, expressions used in these Regulations set out in the first column of the table below have the meaning given by, or (as the case may be) are to be interpreted in accordance with, the provisions referred to in the second column of that table:
“appointed day” section 20(7) of the 1998 Act “excepted school” regulation 1(3) of these Regulations; “education action zone” section 10(1) of the 1998 Act; “Education Action Forum” section 11(2) of the 1998 Act; “grouped school” paragraph 1(7) of Schedule 10 to the 1998 Act; “minor authority” and “area for which there are one or more minor authorities” section 141 of the 1998 Act; “transitional governing body” regulation 18(2) or 19(5) of these Regulations, as the context requires.
4
Unless the context otherwise requires, any reference in these Regulations to —
a
a numbered Part, regulation or Schedule is a reference to the Part, regulation or Schedule in these Regulations so numbered;
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears; and
c
a numbered sub-paragraph is a reference to the sub-paragraph so numbered in the paragraph in which the reference appears.
Conflicting regulations and instruments of government
3
These Regulations shall prevail over any conflicting provision in —
a
the Education (School Government) Regulations 1989 ; or
b
any instrument of government within the meaning of the 1996 Act.
Breach of prescribed time limits
4
A failure by any person to discharge any duty within a time limit prescribed by these Regulations shall not relieve him of that duty.
PART II
MAKING OF THE INSTRUMENT OF GOVERNMENT
Time limits
5
1
Subject to paragraph (3), a local education authority shall secure that, by 1st June 1999, an instrument of government has been made in accordance with Schedule 12 to the 1998 Act for each school which will be maintained by them on the appointed day.
2
Paragraph (3) applies in the case of a grant-maintained or grant-maintained special school which will be, or a former grant-maintained or grant-maintained special school which is, maintained by a local education authority on the appointed day, where a determination by the Secretary of State as to the school’s new category required by paragraph 7(2) of Schedule 2 to the 1998 Act has not been made on or before 7th May 1999.
3
In any case to which this paragraph applies, the Secretary of State shall notify the local education authority of the date on which he makes the determination required by paragraph 7(2) of Schedule 2 to the 1998 Act and the local education authority shall secure that, by the end of a 3 months period beginning on the date of the determination, an instrument of government has been made in accordance with Schedule 12 to the 1998 Act for the school.
4
The instrument of government shall take effect from the date of making for the purpose of reconstituting the governing body but, except in so far as required by regulation 18(2)(a), shall not affect the constitution of the governing body conducting the school pending full reconstitution under the instrument of government.
5
For all other purposes, the instrument of government shall take effect —
a
if made before the appointed day, from the appointed day; or
b
if made on or after the appointed day, from the date of making.
6
The current governing body, or, where the instrument of government is not made before the appointed day, the transitional governing body, shall exercise their functions under the 1998 Act and under these Regulations in a manner calculated to enable the local education authority to fulfil their duties under this regulation and under regulation 20.
Modifications to the 1998 Act where the instrument of government is made before the appointed day
6
1
Section 141 of, and Schedules 9 and 12 to, the 1998 Act shall apply with the following modifications to enable an instrument of government for a school to be made before the appointed day in preparation for the appointed day.
2
In section 141 of, and paragraph 15 of Schedule 9 to, the 1998 Act, references to the area served by a school (however framed) shall be treated as references to the area which it appears to the local education authority will be served by the school when it is a maintained school.
3
In paragraph 15(1) of Schedule 9 to the 1998 Act, the reference to “If the governing body of any maintained school so determine” shall be treated as if it were a reference to “If the current governing body so determine”.
4
Paragraph 1 of Schedule 12 to the 1998 Act shall have effect as if —
a
in sub-paragraph (1)(h) there were substituted for “the date”, the words “in accordance with sub-paragraph (2A), the dates”;
b
after sub-paragraph (2) there were inserted the following sub-paragraph —
2A
Where an instrument of government is made before the appointed day for a school which will be a maintained school from the appointed day, such instrument of government —
a
shall determine the constitution of the governing body and other matters relating to the school as a maintained school of the category to which it will belong in accordance with Schedule 2 to this Act;
b
shall include a description of the ethos of the school, if it is anticipated that the school will become a foundation or voluntary school with a religious character (provided that such description shall be of no effect if the school does not become a foundation or voluntary school with a religious character with effect from the appointed day);
c
shall take effect from the date of making for the purpose of reconstituting the governing body under the instrument of government but shall not (subject to any regulations made under paragraph 1(4) of Schedule 10 to this Act), affect the constitution of the governing body conducting the school pending full reconstitution under the instrument of government; and
d
shall take effect from the appointed day for all other purposes..
5
References in paragraph 3 of Schedule 12 to the 1998 Act to “the governing body” and “foundation governors” shall be treated as references to the current governing body and members of the current governing body who are foundation governors within the meaning of the 1996 Act (as the case may be).
Modifications to the 1998 Act where the instrument of government is made on or after the appointed day
7
1
Schedules 9 and 12 to the 1998 Act shall apply with the following modifications to enable the instrument of government for a school to be made on or after the appointed day.
2
In paragraph 15(1) of Schedule 9 to the 1998 Act, the reference to “If the governing body of any maintained school so determine” shall be treated as if it were a reference to “If the transitional governing body so determine”.
3
Paragraph 1 of Schedule 12 to the 1998 Act shall have effect as if —
a
in sub-paragraph (1)(h) there were substituted for “the date”, the words “in accordance with sub-paragraph (2A), the dates”;
b
after sub-paragraph (2) there were inserted the following sub-paragraph —
2A
Where an instrument of government is made on or after the appointed day for a maintained school which was a county, voluntary, maintained special, grant-maintained or grant-maintained special school (within the meaning of the Education Act 1996) immediately before the appointed day, such instrument of government —
a
shall take effect from the date of making for the purpose of reconstituting the governing body under the instrument of government but shall not affect the constitution of the governing body conducting the school pending full reconstitution under the instrument of government; and
b
shall take effect from the date of making for all other purposes..
4
References in paragraph 3 of Schedule 12 to the 1998 Act to “the governing body” and “foundation governors” shall be treated as references to the transitional governing body and members of the transitional governing body who were when appointed foundation governors within the meaning of the 1996 Act (as the case may be).
Additional co-opted governors
8
Schedule 1 makes provision for the number of additional co-opted governors which may be required by the instrument of government by virtue of paragraph 15(1) and (2) of Schedule 9 to the 1998 Act, for the circumstances in which provision for such governors is authorised to be made, and for the categories of person from whom or from amongst whose members nominations for such appointments are to be sought.
Substitutes for ex officio foundation governors
9
The instrument of government shall name the person or persons who shall be entitled to appoint a foundation governor to act in the place of an ex officio foundation governor in any case where —
a
that ex officio foundation governor is unable or unwilling to act as such; or
b
there is a vacancy in the office by virtue of which such a governorship exists.
Instrument of government pro-formas
10
The instrument of government shall be made in the form and in accordance with the directions set out in Schedule 2 which are relevant to the category of maintained school to which the school will belong or belongs.
PART III
RECONSTITUTION OF THE GOVERNING BODY
Reconstitution of the governing body where the instrument of government is made before1st September 1999
11
Regulations 12 to 17 apply for the purpose of reconstituting the governing body of a current school under an instrument of government made before the appointed day (whether or not by the end of the period prescribed by regulation 5).
Current governors ceasing to hold office
12
1
Subject to paragraph (3) any member of a current governing body who will not continue in office by virtue of these Regulations from midnight on 31st August 1999 shall cease to hold office at midnight on that day.
2
This regulation shall not disqualify a person for election or appointment as a governor of the school in question from the appointed day.
3
This regulation shall not apply to additional governors appointed before the appointed day under or by virtue of —
a
section 27 of the School Inspections Act 1996 ;
b
section 16 or 18 of the 1998 Act ; or
c
section 230 of, or paragraph 11 of Schedule 28 to, the 1996 Act.
Current governors continuing in office
13
1
Paragraph (2) applies to any member of a current governing body who on 31st August 1999 is a governor who was when appointed (within the meaning of the 1996 Act) —
a
a co-opted governor;
b
a parent governor;
c
a teacher governor;
d
a foundation governor (other than an ex officio foundation governor); or
e
a governor appointed by the local education authority.
2
Subject to paragraph (3) a governor to whom this paragraph applies shall continue from midnight on 31st August 1999 as a governor of the corresponding category required by the instrument of government (if any such category exists), even if he does not conform to the relevant requirements imposed by or under the 1998 Act for a governor of that category.
3
For the purposes of paragraph (2) above and paragraph (1) of regulation 14 —
a
a co-opted governor within the meaning of the 1996 Act shall not be treated as a governor of a category corresponding to that of additional co-opted governor; and
b
a foundation governor within the meaning of the 1996 Act shall not be treated as a governor of a category corresponding to that of ex officio foundation governor.
4
In the case of a school which will be a community or voluntary primary school serving an area for which there are one or more minor authorities, any member of the current governing body who on 31st August 1999 is a governor appointed by a minor authority within the meaning of the 1996 Act (a “minor authority governor”) shall continue from midnight on 31st August 1999 as if he were the co-opted governor nominated by a minor authority required by the instrument of government.
5
Without prejudice to the generality of paragraph (4), a minor authority governor who continues as a governor by virtue of that paragraph shall be treated as a co-opted governor nominated by a minor authority for the purposes of section 83 of the 1998 Act.
6
a
A member of a current governing body holding a foundation governorship ex officio shall continue from midnight on 31st August 1999 as a foundation governor if he is entitled under the instrument of government to be an ex officio foundation governor.
b
Any other person entitled under the instrument of government to be an ex officio foundation governor shall become such a governor from midnight on 31st August 1999.
7
A member of a current governing body who is a representative governor appointed by virtue of section 80(2) or (3) of the 1996 Act by the person or persons required to appoint a representative governor under paragraph 10 of Schedule 9 to the 1998 Act shall continue from midnight on 31st August 1999 as a representative governor under that paragraph.
8
A head teacher shall continue as, or become, a governor from midnight on 31st August 1999 unless (before the instrument of government is made) he has given written notice to the clerk to the current governing body to the effect that he chooses not to be a governor from that date.
9
Paragraph (8) is without prejudice to the head teacher’s right after the appointed day to give written notice to the clerk to the governing body to the effect that he chooses to be or not to be a governor.
10
This regulation is subject to regulation 14 (surplus governors) and paragraphs 1 to 5, 8 and 10 of Schedule 6 (qualifications and disqualifications).
Surplus governors
14
1
This regulation applies —
a
where a current school has more governors of any of the categories referred to in paragraph (1) of regulation 13 than are required as governors of the corresponding category by the instrument of government;
b
where a current school, whose instrument of government is required to provide for one co-opted governor nominated by a minor authority, has more than one governor appointed by a minor authority within the meaning of the 1996 Act; or
c
where a current school has more than one governor appointed by virtue of section 80(3) of the 1996 Act by the person or persons named in the instrument of government as entitled to appoint a representative governor under paragraph 10 of Schedule 9 to the 1998 Act.
2
Any person who would, by virtue of any provision made by or under the 1996 Act, have power to remove any such governor shall have power to remove him for the purpose of eliminating the excess referred to in paragraph (1)(a), (b) or (c) as the case may be.
3
Where a governor is removed from office under paragraph (2) the person removing him shall give written notice thereof to the clerk to the current governing body.
4
Where the excess referred to in paragraph (1)(a), (b) or (c) is not eliminated —
a
by the required number of governors of that category resigning; or
b
by the required number of governors of that category being removed under paragraph (2);
(in either case, with effect from a date before the appointed day) such number of governors of that category as is required to eliminate the excess shall cease to hold office at midnight on 31st August 1999.
5
a
The governors who are to cease to hold office under paragraph (4) shall be determined on the basis of seniority, the governor who has served for the shortest time being the first to cease to hold office.
b
Where the governors in question are of equal seniority, the governors who are to cease to hold office shall be determined before 31st August 1999 by drawing lots or, in default, by alphabetical order according to their surnames.
6
Any procedure set out in the instrument of government, as referred to in paragraph 17 of Schedule 9 to the 1998 Act, for removal of excess foundation governors shall not apply in relation to the reconstitution of the governing body under the instrument of government pursuant to Schedule 10 to the 1998 Act.
New governors
15
1
The current governing body shall secure that appointments or elections of governors required by the instrument of government take place before 31st August 1999 with effect from midnight on that day.
2
In the case of any appointment referred to in paragraph (1), other than the appointment of an additional co-opted governor, the clerk to the current governing body shall give written notice to the person who is to make the appointment unless that person has notified him of an appointment to fill the vacancy .
3
Where any person makes an appointment referred to in paragraph (1) they shall give written notice of the appointment to the clerk to the current governing body, specifying the name and usual place of residence of the person appointed.
Appointment or election of new governors
16
1
The following paragraphs apply in relation to the appointment or election of governors referred to in regulation 15(1).
2
The requirement in paragraph 14(4) of Schedule 9 to the 1998 Act (foundation governors of voluntary aided schools to include parents) shall apply only in so far as it is compatible with regulation 13(2) and (6).
3
Any co-opted governor (other than an additional co-opted governor) shall be appointed by members of the current governing body, who were not themselves appointed as co-opted governors within the meaning of the 1996 Act, in accordance with Schedule 3 to these Regulations.
4
Any additional co-opted governor shall be appointed by members of the current governing body who were not themselves appointed as co-opted governors within the meaning of the 1996 Act.
5
Any parent governor shall be either —
a
elected by parents of registered pupils at the current school and himself such a parent at the time when he is elected; or
b
appointed as a parent governor by the current governing body in the circumstances and subject to the provisions set out in Schedule 4.
6
Any partnership governor shall be a person nominated as a partnership governor, and appointed as such, in accordance with Schedule 5.
7
Any staff governor shall be elected by persons employed (under a contract of employment or a contract for services) to work at the current school otherwise than as teachers, and shall himself be a person so employed at the time when he is elected.
8
Any teacher governor shall be —
a
a person elected by teachers at the current school; and
b
such a teacher at the time when he is elected.
9
The quorum for a meeting of the current governing body to consider appointment of partnership governors, parent governors or co-opted governors (other than co-opted governors who are foundation governors) and any vote in connection with such appointments shall be any two-thirds (rounded up to a whole number) of the governors entitled to vote on those respective matters.
Joint appointments
17
If —
a
the instrument of government provides for one or more governors to be appointed by persons acting jointly, and
b
those persons fail to make an agreed appointment,
the appointment shall be made by, or in accordance with a direction given by, the Secretary of State.
Instrument of government made but governing body not reconstituted before the appointed day: transitional governing body and reconstitution
18
1
This regulation applies in cases where the instrument of government for a maintained school which was a current school is made before the appointed day, but the governing body are not fully reconstituted before that day.
2
In any case to which this regulation applies, from the appointed day until reconstitution of the governing body under the instrument of government —
a
the governing body shall continue as partially reconstituted under the instrument of government in accordance with regulations 12 to 17;
b
the governing body so constituted shall secure that further appointments or elections of governors required by the instrument of government are made under regulations 15(2) to 17 (subject to the modifications in paragraphs (3) and (4)) and Schedules 3, 4 and 5 so that the governing body are reconstituted before 1st January 2000;
c
the governing body as constituted under sub-paragraph (a) shall, for the purposes of these Regulations, be referred to as the transitional governing body.
3
For the purposes of paragraph (2)(b), regulation 15(2) and (3) shall apply as if —
a
the words “paragraph (2)(b) of regulation 18” were substituted for “paragraph (1)” in both places where that reference occurs;
b
references to the current governing body were references to the transitional governing body.
4
For the purposes of paragraph (2)(b), regulation 16 shall be modified as follows —
a
for paragraph (1) of regulation 16 there shall be substituted the following —
The following paragraphs apply in relation to the appointment or election of governors required by regulation 18(2)(b)
; and
b
the provisions of regulation 16(2) to (9) shall apply as if —
i
references to the current school were references to the maintained school;
ii
references to the current governing body were references to the transitional governing body; and
iii
the words “within the meaning of the 1996 Act” were omitted in both places where they occur.
Instrument of government not made before the appointed day: transitional governing body
19
1
In cases where the instrument of government for a maintained school which was a current school is not made before the appointed day, the governing body shall continue from that day (pending reconstitution under the instrument of government) as constituted immediately before that day, subject to and in accordance with paragraphs (2) to (4).
2
In this regulation, “the relevant provisions” means —
a
the provisions of the 1996 Act relating to the composition of governing bodies, disqualification of governors and instruments of government; and
b
any regulations and instruments of government in force under those provisions (or as if made under those provisions) immediately before the appointed day.
3
The relevant provisions shall have effect for the purpose of determining the composition of the transitional governing body and the circumstances in which a person is disqualified for office as a member of the transitional governing body, but subject to the modifications in paragraph (4).
4
For this purpose, the relevant provisions shall have effect as if —
a
any such instrument of government were required to provide and did provide for the local education authority to appoint the minimum number of governors required to be appointed by the local education authority by Schedule 9 to the 1998 Act for a school of the category to which the school is allocated by or under Schedule 2 to the 1998 Act (taking account of whether the school is a primary, secondary or special school and the number of pupils registered at the school), if this is more than the number of such governors required by that instrument of government;
b
subject to any appointments required by sub-paragraph (a), they provided that no new appointments shall be made of governors under those provisions.
5
For the purposes of these Regulations the governing body as constituted under paragraphs (2) to (4) shall be referred to as the transitional governing body.
Instrument of government not made before the appointed day: making of the instrument of government and reconstitution of the governing body
20
1
Without prejudice to their duties under regulation 5, the local education authority shall secure that where regulation 19 applies, the instrument of government is made (in accordance with Schedules 9 and 12 to the 1998 Act as modified by regulation 7) so as to enable the governing body to be reconstituted as required by paragraph (2).
2
The transitional governing body constituted in accordance with regulation 19 shall secure that the governing body is reconstituted under the instrument of government before 1st January 2000 and for the purposes of such reconstitution regulations 12 to 17 and Schedules 3, 4 and 5 shall apply subject to the modifications set out in paragraphs (3) to (6).
3
For references to the appointed day there shall be substituted references to 1st January 2000 and accordingly for references to 31st August 1999 there shall be substituted references to 31st December 1999.
4
Except where the context otherwise requires, for references to the current governing body there shall be substituted references to the transitional governing body.
5
Except where the context otherwise requires, for references to the current school there shall be substituted references to the maintained school and for references to a school which will be a community or voluntary primary school there shall be substituted references to a school which is a community or voluntary primary school.
6
In regulation 14(2), before “power”, there shall be inserted “had”.
Elections
21
1
This regulation applies in relation to the election of governors required for the reconstitution of governing bodies under this Part.
2
Subject to paragraph (3), in this regulation, “appropriate authority” means —
a
in relation to a school which will be or is a community, community special or voluntary controlled school, the local education authority, and,
b
in relation to a school which will be or is a voluntary aided, foundation or foundation special school, the current governing body before the appointed day and the transitional governing body on and after that day.
3
a
Where a local education authority is the appropriate authority in relation to a school, that authority may delegate to the head teacher of the school any of their functions under this regulation, except their functions under paragraph (4).
b
The local education authority shall be the appropriate authority in relation to a school within paragraph (2)(b), if the current governing body or the transitional governing body (as the case may be) and the local education authority so agree.
4
The appropriate authority shall determine —
a
for the purposes of an election of parent governors, any question whether a person is a parent of a registered pupil at the school;
b
for the purposes of an election of teacher governors, any question whether a person is a teacher at the school; and
c
for the purposes of an election of staff governors, any question whether a person is employed under a contract of employment or a contract for services to work at the school otherwise than as a teacher.
5
The appropriate authority shall make all necessary arrangements for, and determine all other matters relating to, an election of parent governors, teacher governors, or staff governors.
6
The power conferred by paragraph (5) —
a
includes power to make provision as to qualifying dates, but
b
does not include power to impose any requirement as to the minimum number of votes required to be cast for a candidate to be elected.
7
Any election of parent governors, teacher governors or staff governors which is contested shall be held by secret ballot.
8
The arrangements made under paragraph (5) shall, in the case of any election of a parent governor, provide for every person who is entitled to vote in the election to have an opportunity to do so by post, or, if he prefers, by having his ballot paper returned to the school by a registered pupil at the school.
9
Where a vacancy for a parent governor is required to be filled by election, the appropriate authority shall take such steps as are reasonably practicable to secure that every person who is known to them to be a parent of a registered pupil at the school is —
a
informed of the vacancy and that it is required to be filled by election; and
b
informed that he is entitled to stand as a candidate, and vote, at the election; and
c
given an opportunity to do so.
10
Where a local education authority is the appropriate authority that authority shall exercise its functions under this regulation in a manner calculated to enable the current governing body or transitional governing body, as the case may be, to fulfil their respective duties under regulations 15(1), 18(2) and 20(2).
Tenure of office
22
1
A member of the current governing body who continues as a governor of the school from midnight on 31st August 1999 (other than the head teacher or an ex officio foundation governor) shall hold office for the remainder of the term for which he was originally appointed or elected (but for no longer than 4 years from the appointed day).
2
A member of the transitional governing body constituted in accordance with regulation 19 who continues as a governor of the school from midnight on 31st December 1999 (other than the head teacher or an ex officio foundation governor) shall hold office for the remainder of the term for which he was originally appointed or elected (but for no longer than 4 years from the appointed day).
3
Any other governor required by the instrument of government or by regulation 19(4) (other than the head teacher, an ex officio foundation governor or a substitute governor) shall hold office for a term of four years.
4
For the purposes of this regulation, “substitute governor” means any foundation governor appointed to act in the place of an ex officio foundation governor by virtue of regulation 9, and “the original governor” means the ex officio foundation governor in whose place the substitute governor is appointed to act.
5
The substitute governor shall hold office until the earlier of the following —
a
the expiry of four years from the date of his appointment;
b
the date when the original governor gives written notice to the clerk to the governing body to the effect that he is able and willing to act as a foundation governor; or
c
the date when a person other than the original governor takes office in the post by virtue of which the ex officio governorship exists.
6
This regulation shall not prevent a governor —
a
from being elected or appointed for a further term; or
b
from being disqualified by virtue of provision made under regulation 23, for continuing to hold office.
Qualifications and disqualifications
23
Schedule 6 sets out the circumstances in which a person is qualified or disqualified for holding or continuing in office, or for being elected, appointed or nominated, as a governor of a maintained school to which these Regulations apply required by an instrument of government.
Estelle Morris
Minister of State,
Department for Education and Employment
8th November 1998
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
10th November 1998


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Boston (Electoral Changes) Order 1998.
2
This Order shall come into force for all purposes 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 Boston;
“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 Boston (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 Boston
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into eighteen wards which shall bear the names set out in column (1) of the Schedule.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes, or parishes and parish wards, or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or other similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Fishtoft
3
1
The existing wards of the parish of Fishtoft shall be abolished.
2
The parish of Fishtoft shall be divided into two parish wards which shall bear the names Hilldyke and Village and the wards shall comprise the areas designated on sheets 5 and 6 of the map by reference to the name of the ward and demarcated by orange lines.
3
The numbers of councillors to be elected for Hilldyke and Village parish wards shall be three and eight respectively.
Revocation
4
The Borough of Boston (Electoral Arrangements) Order 1977 is hereby revoked.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
21st September 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the School Standards and Framework Act 1998 (Proposals under section 211 of the Education Act 1996) (Transitional Provisions) Regulations 1998 and shall come into force on 1st April 1998.
2
In these Regulations–
“the 1996 Act ” means the Education Act 1996 ; and
“the 1998 Act ” means the School Standards and Framework Act 1998.
Proposals under section 211 of the 1996 Act
2
1
Where before 1st April 1999 the funding authority have published proposals under section 211 of the 1996 Act which have not been determined before that date, section 213 of, paragraph 10 of Schedule 20 to, and section 214(1) and (3) of, the 1996 Act shall continue to apply in relation to such proposals but–
a
all such proposals shall require the approval of the Secretary of State (despite section 214(1)); and
b
the Secretary of State may only approve the proposals if the local authority in which the proposed school is to be situated consent and otherwise he shall reject the proposals.
2
Where proposals published under section 211 of the 1996 Act were determined before 1st April 1999 but have not been implemented before that date or proposals such as are mentioned in paragraph (1) are approved, section 214(5), 215(1), (2) and (4), 216(1) and 217 of the 1996 Act shall continue to apply in relation to such proposals, but–
a
in any case where particulars in respect of the proposed premises have not been adopted by the funding authority under section 214(5) of the 1996 Act before 1st April 1999, that subsection shall have effect as if for “must be adopted by the funding authority” there were substituted “require the approval of the Secretary of State”; and
b
section 215(2) of the 1996 Act shall have effect as if for “the funding authority” there were substituted “the local education authority in which the school is or will be situated”.
3
Any reference in paragraphs (2) and (3) to a provision of the Education Act 1996 continuing to apply is a reference to that provision continuing to apply after and despite the coming into force of the repeal of the provision in question effected by Schedule 31 to the 1998 Act.
Estelle Morris
Minister of State,
Department for Education and Employment
16th December 1998


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Bournemouth Borough Council and North West Leicestershire District Council) Order 1998 and shall come into force on 5th August 1998.
Exemption of sports and leisure facilities management —
2
1
The management of sports and leisure facilities by the council of the borough of Bournemouth shall not be treated as a defined activity so long as it is carried out at —
a
the Littledown Centre, Chaseside, Bournemouth
b
the Kinson Swimming Pool, South Kinson Drive, Bournemouth, or
c
the Stokewood Road Swimming Pool, Stokewood Road, Bournemouth
during the period beginning with 1st October 1998 and ending on 30th September 2000.
2
The management of sports and leisure facilities by the council of the district of North West Leicestershire shall not be treated as a defined activity so long as it is carried out at —
a
the Hermitage Leisure Centre and Recreation Ground, Silver Street, Whitwick
b
the Hood Park Leisure Centre, North Street, Ashby-de-la-Zouch
c
Coalville Park, London Road, Coalville
d
Whitwick Park, North Street, Whitwick
e
Scotlands Playing Field, Forest Road, Coalville
f
South Street Recreation Ground, South Street, Ellistown
g
Thringstone Bowls Club, Loughborough Road, Thringstone
h
Melrose Recreation Ground, Melrose Road, Thringstone, or
i
Millfield Recreation Ground, Station Road, Hugglescote,
during the period beginning with 1st May 1999 and ending on 1st April 2000.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment Transport and the Regions
8th July 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the City of St Albans (Electoral Changes) Order 1998.
2
This Order shall come into force on 6th May 1999, except that for the purpose of all proceedings preliminary or relating to an election to be held on or after that date this Order shall come into force on the day after that on which it is made.
3
In this Order–
“the city” means the city of St Albans;
“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 City of St Albans (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 St Albans
2
1
The existing wards of the city shall be abolished.
2
The city shall be divided into twenty wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to 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.
Elections of the council of St Albans
3
1
Subject to the following provisions of this article, the election of councillors for wards of the city shall be by thirds.
2
Elections of all councillors for wards of the city shall be held simultaneously on the ordinary day of election of councillors in 1999 .
3
The councillors holding office for any ward in the city immediately before 10th May 1999 shall retire on that date and the newly elected councillors for any such ward shall come into office on that date.
4
The order of retirement of councillors shall be as set out in Schedule 2.
5
Where the number of councillors elected in 1999 for any ward of the city is two, the first to retire shall, subject to paragraphs (7) and (8) below, be the councillor elected by the smaller number of votes.
6
Where the number of councillors elected in 1999 for any ward of the city is three–
a
the first to retire shall, subject to paragraphs (7) and (8) below, be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
7
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
8
If an election of councillors for any ward is not contested, the person to retire in each such year shall be determined by lot.
9
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
10
Except as otherwise provided in the foregoing paragraphs of this article, the term of office of councillors shall be four years and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly elected councillors shall come into office on the day on which their predecessors retire.
Wards of the parish of Harpenden
4
1
The existing wards of the parish of Harpenden shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Harpenden East, Harpenden North, Harpenden South and Harpenden West and each parish ward shall comprise the area of the ward of the city bearing the same name.
3
The number of councillors to be elected for each parish ward shall be four.
Wards of the parish of London Colney
5
1
The existing wards of the parish of London Colney shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names London Colney East, London Colney Highfield, London Colney North West and London Colney South West and the wards shall comprise the areas designated on sheet 5 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each of the London Colney East, London Colney North West and London Colney South West parish wards shall be three and for London Colney Highfield shall be one.
Wards of the parish of Sandridge
6
1
The existing wards of the parish of Sandridge shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Marshalswick East, Marshalswick West and Sandridge Village and the wards shall comprise the areas designated on sheet 4 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each of the Marshalswick East and Marshalswick West parish wards shall be four and for the Sandridge Village parish ward shall be six.
Wards of the parish of St Stephen
7
1
The existing wards of the parish of St Stephen shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Bricket Wood East, Bricket Wood West, Chiswell Green and Park Street and each parish ward shall comprise the area designated on sheet 5 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each of the Chiswell Green and Park Street parish wards shall be four and for the Bricket Wood East and Bricket Wood West parish wards shall be one and three respectively.
Parish Council Elections
8
1
The ordinary day of election of parish councillors for the parish of Colney Heath in 2002 shall not take place; and any such parish councillor holding office immediately before 2nd May 2002 who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until 1st May 2003.
2
Except as otherwise provided in the foregoing paragraph of this article, the term of office of parish councillors shall be four years and all parish councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly elected parish councillors shall come into office on the day on which their predecessors retire.
3
Rule 8 of the Local Elections (Parishes and Communities) Rules 1986 (filling of casual vacancies) shall have effect, in the case of a casual vacancy occurring before 2nd May 2002 in the office of a parish councillor for the parish of Colney Heath as if the references in paragraphs (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to 1st May 2003.
Revocation
9
The City of St Albans (Electoral Arrangements) Order 1978 is hereby revoked.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
16th October 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Northumbria Health Care National Health Service Trust (Establishment) Order 1998 and shall come into force on 1st April 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
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Northumbria Health 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 the Northumbria Health Care 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 —
i
Wansbeck General Hospital, Woodhorn Lane, Ashington, Northumberland NE63 9JJ,
ii
Ashington Hospital, West View, Ashington, Northumberland NE63 0SA,
iii
North Tyneside General Hospital, Rake Lane, North Shields, Tyne & Wear NE29 8NH,
iv
Hexham General Hospital, Corbridge Road, Hexham, Northumberland NE46 1QJ,
and other premises associated with any or all of those hospitals, and there to provide hospital accommodation and services and community health services.
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 1998.
2
The accounting date of the trust shall be 31st March.
Restriction on disposal of assets
6
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
18th March 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Dental Charges) Amendment Regulations 1998 and shall come into force on 1st October 1998.
2
In these Regulations “the Dental Charges Regulations ” means the National Health Service (Dental Charges) Regulations 1989 .
Amendment of the Dental Charges Regulations
2
1
Regulation 1(2)(a) of the Dental Charges Regulations is amended as follows–
a
after the definition of “the Act” there is inserted the following definition–
“the Primary Care Act ” means the National Health Service (Primary Care) Act 1997;
;
b
in the definitions of “capitation arrangement”, “continuing care arrangement”, “emergency”, “estimate”, “treatment” and “treatment on referral”, for each reference to the National Health Service (General Dental Services) Regulations 1973 there is substituted a reference to the National Health Service (General Dental Services) Regulations 1992 ;
c
after the definition of “patient” there are inserted the following definitions–
“pilot scheme” means a pilot scheme under Part I of the Primary Care Act under which personal dental services are provided;
;
“relevant Health Authority” means the Health Authority with whom the arrangements for providing the dental services in question are made;
d
in the definition of “Statement of Dental Remuneration”, for the reference to regulation 23 of the National Health Service (General Dental Services) Regulations 1973 there is substituted a reference to regulation 19 of the National Health Service (General Dental Services) Regulations 1992;
e
in the definition of “Statement remuneration” there are added at the end the following words, “and in relation to a service provided under a pilot scheme, means the amount that would be payable if the service were provided as part of general dental services”.
2
For regulation 2 of the Dental Charges Regulations there is substituted the following–
Charges for supply of dental appliances
2
1
Subject to paragraph 2(3), (4) and (8) of Schedule 12 to the Act (which provides for circumstances in which no charges may be made) and to paragraph (2), a charge of the amount provided for by regulation 4 may be made and recovered in respect of the supply under the Act of dentures and bridges.
2
No charge shall be made and recovered under paragraph (1) in respect of a supply, otherwise than as part of general dental services, to a person who has undergone operative procedures affecting the mandible, the maxilla or the soft tissues of the mouth as part of treatment for invasive tumours.
.
3
For regulation 3 of the Dental Charges Regulations there is substituted the following–
Charges for other dental services
3
1
Subject to section 79(1)(b) and (c) of, and paragraph 3(4) of Schedule 12 to, the Act and to section 20(6) of the Primary Care Act (which provide for circumstances in which no charge may be made) and to paragraph (2), a charge of the amount provided for by regulation 4 may be made and recovered in respect of the provision of services as part of general dental services or under a pilot scheme.
2
No charge shall be made and recovered under paragraph (1) in respect of–
a
the supply of a dental appliance described in regulation 2(1);
b
a visit by a dental practitioner to a patient;
c
the opening by a dental practitioner of his surgery outside his normal opening hours in order to provide treatment in an emergency;
d
the attendance at the surgery of a dental practitioner providing treatment in an emergency of a medical practitioner or of another dental practitioner, specifically with a view to the administration of a general anaesthetic in connection with treatment in an emergency; or
e
treatment (including treatment under a pilot scheme) in the circumstances described in paragraph 7 or 13(2) (repair or replacement of restorations) of Schedule 1 (terms of service) to the National Health Service (General Dental Services) Regulations 1992.
.
4
For regulation 4 of the Dental Charges Regulations there is substituted the following–
Calculation of charges
4
1
Subject to paragraphs (4) and (5), the amount of the charge which may be made and recovered under regulations 2(1) and 3(1) is 80% of the Statement remuneration (rounded down, where necessary, to the nearest whole penny).
2
In these Regulations “Statement remuneration” means –
a
in relation to the supply (whether or not as part of general dental services) of an appliance described in regulation 2(1), the remuneration provided for by the Statement of Dental Remuneration as that payable to a dental practitioner for the supply of an appliance of that type;
b
in relation to the provision of services described in regulation 3(1), the total amount provided for by that Statement as that payable to the dental practitioner for the provision of those services but where a patient has been accepted by a dental practitioner under a continuing care arrangement or a capitation arrangement or for treatment on referral, does not include the payment which, in accordance with that Statement, falls to be made to the dentist in respect of such an arrangement or referral.
3
For the purposes of paragraph (2), where the Statement remuneration for any service is a fee of such amount as the Board may in its discretion approve, whether or not subject to a maximum, the amount is–
a
if the Board has approved a fee for the service, the amount of the fee so approved, notwithstanding any subsequent variation of that amount on appeal;
b
if the Board has refused to approve a fee for the service, the amount of any fee authorised for it on appeal.
4
Where a dental practitioner–
a
has, under an arrangement for the provision of general dental services or services under a pilot scheme, begun to provide for a patient services which include the supply of an appliance described in regulation 2(1); and
b
has referred that patient, for the supply of that appliance otherwise than as part of general dental services or services under a pilot scheme, to a health authority or NHS trust or to a person or body pursuant to arrangements under section 23 of the Act,
the amount of the charge for that supply shall be calculated in accordance with Schedule 1, and the dental practitioner shall provide the health authority, NHS trust or other person or body with a written statement of the amounts mentioned in sub-paragraphs (a) and (b) of paragraph 1 of that Schedule.
5
The amount of the charges payable under regulations 2(1) and 3(1) in respect of all dental appliances supplied and other services provided in pursuance of any one contract or arrangement shall not exceed £340 in the aggregate; and £340 is the sum prescribed for the purposes of paragraph 3(3) of Schedule 12 to the Act and section 20(5) of the Primary Care Act.
.
5
Regulation 5 of the principal Regulations is amended as follows–
a
in paragraph (1), after the word “services” there are inserted the words “or under a pilot scheme”;
b
in paragraph (2)–
i
after the words “services” in the second place in which it appears there are inserted the words “and it is a condition of the exemption under section 20(6) of the Primary Care Act in respect of the supply of a dental appliance, or other services provided, to a person under a pilot scheme”;
ii
in sub-paragraph (a), after the words “claim for remuneration or estimate” there are inserted the words “, or in the case of services provided under a pilot scheme on a form to like effect,”.
6
Regulation 6 of the Dental Charges Regulations is amended as follows–
a
in paragraph (1)–
i
for the words “section 78 of the Act” there are substituted the words “regulation 2(1)”;
ii
after the word “services” there are inserted the words “or services provided under a pilot scheme”;
b
in paragraph (2)–
i
after the words “general dental services” there are inserted the words “or services provided under a pilot scheme”;
ii
for the words “section 78 or section 79 of the Act” there are substituted the words “regulations 2(1) or 3(1)”;
iii
for sub-paragraph (b) there is substituted–
shall require the patient to acknowledge, on the appropriate part of the claim for remuneration or estimate, or, in the case of services provided under a pilot scheme, on a form to like effect, and before that claim or estimate or form to like effect is sent to the Board, his obligation to pay a charge which is made;
;
iv
for the words, in sub-paragraph (d), “Family Practitioner Committee” there are substituted the words “relevant Health Authority”;
c
in paragraph (3), for the words “Family Practitioner Committee” there are substituted the words “relevant Health Authority”.
7
In regulation 8(1) of the Dental Charges Regulations, for the words “authorised by section 78 of the Act” there are substituted the words “under regulation 2(1)”.
8
Regulation 9 of the Dental Charges Regulations is amended as follows–
a
in paragraph (1), after the word “services” in the first place in which it appears there are inserted the words “or providing services under a pilot scheme”;
b
in paragraph (3), for the words “Family Practitioner Committee” there are substituted the words “relevant Health Authority”.
9
In regulation 10 of the Dental Charges Regulations, after the word “services” there are inserted the words “or services under a pilot scheme” and for the words “Family Practitioner Committee” there are substituted the words “relevant Health Authority”.
10
In regulation 11(3) of the Dental Charges Regulations for the words “Family Practitioner Committee” there are substituted the words “relevant Health Authority”.
11
After regulation 11 of the Dental Charges Regulations there is inserted–
Functions of the Dental Practice Board in relation to pilot schemes
11A
The Board shall have the following powers in relation to pilot schemes–
a
to approve, or refuse to approve, the fees referred to in regulation 4(3) and for that purpose to direct a dental practitioner to submit to the Board such information as it may require;
b
to require specified evidence to be supplied for the purposes of regulation 5(2)(b);
c
to refer a matter mentioned in paragraph 1 of schedule 4 to the relevant Health Authority.
12
In regulation 12 of the Dental Charges Regulations, paragraphs (2), (3) and (4) are revoked.
13
Schedule 1 to the Dental Charges Regulations is amended as follows–
a
in paragraph 1(a), for the words “authorised by sections 78 and 79 of the Act” there are substituted the words “payable under regulations 2(1) and 3(1)”;
b
in paragraph 1(b), for the words “authorised by those sections” there are substituted the words “payable under those regulations”.
14
Schedule 4 to the Dental Charges Regulations is amended as follows–
a
for the words “Family Practitioner Committee” in each place where they appear there are substituted the words “relevant Health Authority”.
b
in paragraph 2, for the words “the matter referred” there are substituted the words “any matter referred to it under paragraph 1 or, in the case of services provided under a pilot scheme, any such matter coming to its attention,”.
Frank Dobson
One of Her Majesty’s Principal Secretaries of State,
Department of Health
10th September 1998


text:
Citation and commencement
1
This Order may be cited as the Plymouth Education Action Zone Order 1998 and shall come into force on 1st January 1999.
Interpretation
2
In this Order–
“partners” means those persons listed in Schedule 1 to this Order; and
“zone school” means a school listed in Schedule 2 to this Order.
Constitution of education action zone
3
The schools listed in Schedule 2 to this Order shall constitute collectively an education action zone under the name of the Plymouth Education Action Zone (“the zone”) for the purposes of Chapter III of Part I of the School Standards and Framework Act 1998.
4
There shall be an Education Action Forum for the zone to be known as the Plymouth Education Action Forum, the membership of which shall include–
a
one person appointed by the governing body of each zone school, unless any such governing body chooses not to make such an appointment;
b
either one or two persons appointed by the Secretary of State; and
c
one person appointed by each partner unless any partner chooses not to make such an appointment.
5
1
The Forum may at any time appoint–
a
up to 21 additional members each of whom is employed at a different zone school and who appears to the Forum to represent the teachers at the zone school at which he is employed;
b
up to 5 additional members from persons appearing to them to represent the interests of business in the area served by the zone schools;
c
one additional member from persons who are members of the social services committee of the Council of the City of Plymouth;
d
either one or two additional members from persons who are members of the education committee of the Council of the City of Plymouth;
e
one additional member from persons appearing to them to represent Cornwall and Devon Careers Ltd;
f
one additional member from persons appearing to them to represent the interests of the Exeter Diocesan Board of Education (Church of England);
g
one additional member from persons appearing to them to represent the interests of the Plymouth Diocesan Board of Education (Roman Catholic Church);
h
up to 3 additional members from persons appearing to them to represent the interests of parents whose children attend zone schools;
i
one additional member from persons appearing to them to represent the local Education Business Partnership;
j
one additional member from persons appearing to them to represent the interests of institutions within the higher education sector (within the meaning of section 91(5) of the Further and Higher Education Act 1992 ) in the area served by the zone schools;
k
one additional member from persons appearing to them to represent the interests of institutions within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992) in the area served by the zone schools;
l
either one or two additional members from persons appearing to them to represent the support staff at zone schools;
m
either one or two additional members from persons appearing to them to represent the teaching staff at the zone schools and nominated by the teachers' consultative committee;
n
one additional member from persons appearing to them to represent Devon and Cornwall Constabulary;
o
either one or two additional members from persons appearing to them to represent community groups in the area served by the zone schools;
p
either one or two additional members from persons appearing to them to represent the voluntary sector in the area served by the zone schools;
q
one additional member from persons appearing to them to represent the economic development and urban regeneration department of the Council of the City of Plymouth;
r
one additional member from persons appearing to them to represent South and West Devon Health Authority and the Health Action Zone;
s
one additional member from persons appearing to them to represent the lifelong learning department of the Council of the City of Plymouth;
t
one additional member from persons appearing to them to represent the Joint Venture Partnership of the Plymouth Employment Zone;
u
one additional member from persons appearing to them to represent the employment service in the area served by the zone schools; and
v
up to 4 additional members from persons appearing to them to represent the pupils within the zone schools.
2
Any member appointed under sub-paragraphs (c) or (d) of paragraph (1) shall cease to hold office as a member of the Forum if he ceases to be a member of the relevant committee referred to in either of these sub-paragraphs.
Disqualification from membership of the Forum
6
Articles 7 to 9 shall have effect for the purpose of prescribing the circumstances and cases in which a person is to be disqualified for holding, or continuing to hold, office as a member of the Forum.
Disqualification from membership of Forum–bankruptcy etc
7
1
Subject to the provisions of this regulation, a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if he has been adjudged bankrupt or has made a composition or arrangement with his creditors; and a member, on becoming so disqualified, shall give written notice of the fact to the secretary to the Forum.
2
Where a person is disqualified by reason of his having been adjudged bankrupt, that disqualification shall cease–
a
unless the bankruptcy order made against that person is previously annulled, on his discharge from bankruptcy; and
b
if the bankruptcy order is so annulled, on the date of the annulment.
3
Where a person is disqualified by reason of his having made a composition or arrangement with his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed and in any other case it shall cease on the expiration of three years from the date on which the terms of the deed of composition or arrangement are fulfilled.
Disqualification from membership of Forum–criminal convictions
8
1
Subject to paragraph (2) a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if–
a
within five years before his appointment would otherwise have taken effect or since his appointment, he has been convicted, whether in the United Kingdom or elsewhere, of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;
b
within twenty years before his appointment would otherwise have taken effect, he has been convicted as aforesaid and has had passed on him a sentence of imprisonment for a period of more than two and a half years; or
c
he has at any time been convicted as aforesaid and has had passed on him a sentence of imprisonment of not less than five years.
2
For the purposes of this regulation there shall be disregarded any conviction by or before a court outside the United Kingdom of an offence in respect of conduct which, if it had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom.
Disqualification–absence from meetings
9
Any member of the Forum who, without the consent of the Forum has failed to attend the meetings thereof for a continuous period of six months beginning with the date of a meeting shall, on the expiry of that period, be disqualified for continuing to be a member of the Forum without prejudice however, to his re-appointment.
Chairman’s tenure of office
10
The chairman of the Forum elected in accordance with paragraph 2 of Schedule 1 to the Act, shall hold office for one year from the date of his election (unless he resigns his office earlier), without prejudice to his eligibility to be re-elected for a further period of one year.
Estelle Morris
Minister of State,
Department for Education and Employment
3rd December 1998


text:
Citation and commencement
1
These Regulations may be cited as the Genetically Modified Organisms (Contained Use) (Amendment) Regulations 1998 and shall come into force on 22nd July 1998.
Amendments to the Genetically Modified Organisms (Contained Use) Regulations 1992
2
In regulation 6 of the Genetically Modified Organisms (Contained Use) Regulations 1992 —
a
at the end of paragraph (2)(a)(ii), for the word “and” substitute “or”; and
b
after paragraph (2)(a)(ii) insert the following paragraph —
iii
a novel food or novel food ingredient marketed in accordance with the provisions of Regulation ( EC ) No. 258/97 of the European Parliament and the Council ; or
.
Signed by authority of the Secretary of State
Angela Eagle
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
23rd June 1998


text:
1
1
This Order may be cited as the Hereford and Worcester (Coroners) Order 1998 and shall come into force on 1st April 1998.
2
In this Order —
“the 1988 Act ” means the Coroners Act 1988 ;
“the 1996 Order ” means the Hereford and Worcester (Structural, Boundary and Electoral Changes) Order 1996 .
2
1
The person who, on 31st March 1998, is the coroner for the existing Western Coroner’s District of the county of Hereford and Worcester by virtue of having been appointed for or assigned to that district shall be deemed to have been appointed coroner for the county of Herefordshire (which county comes into existence on 1st April 1998 by virtue of article 5(2) of the 1996 Order) by the council of the district of Herefordshire.
2
Any agreement between the person to whom paragraph (1) above applies and the council of the county of Hereford and Worcester (as the relevant council for the purposes of the 1988 Act prior to 1st April 1998) as to his salary and pension as a coroner shall have effect as if made between him and the council of the district of Herefordshire.
3
Any person who, on 31st March 1998, is a deputy or assistant deputy coroner for the existing Western Coroner’s District of the county of Hereford and Worcester shall be deemed to have been appointed deputy or, as the case may be, assistant deputy coroner for the county of Herefordshire with the approval of the chairman of the council of the district of Herefordshire.
3
1
The person who, on 31st March 1998, is the coroner for the existing Central and North Eastern Coroners' Districts of the county of Hereford and Worcester by virtue of having been appointed for or assigned to those districts shall be deemed to have been appointed coroner for the county of Worcestershire (which county was created by article 4 of the 1996 Order) by the council of that county.
2
Any agreement between the person to whom paragraph (1) above applies and the council of the county of Hereford and Worcester (as the relevant council for the purposes of the 1988 Act prior to 1st April 1998) as to his salary and pension as a coroner shall have effect as if made between him and the council of the county of Worcestershire.
4
1
All rights and liabilities to which the council of the county of Hereford and Worcester is entitled or subject immediately before 1st April 1998 as the relevant council for the purposes of the 1988 Act shall on that date become the rights and liabilities of the appropriate new relevant council.
2
In this article “the appropriate new relevant council” means —
a
in the case of the existing Western Coroner’s District of the county of Hereford and Worcester, the council of the district of Herefordshire; and
b
in the case of the existing Central and North Eastern Coroners' Districts of the county of Hereford and Worcester, the council of the county of Worcestershire.
5
1
Any process issued, order made, direction given, inquest begun or other thing done by or to the coroner for an existing coroner’s district shall be deemed to have been issued, made, given, begun or done by or to the coroner for the relevant new coroner’s district.
2
All documents, exhibits, registers and other things in the custody of the coroner for an existing coroner’s district in connection with inquests or post-mortem investigations shall be transferred to the coroner for the relevant new coroner’s district.
3
In this article —
a
the coroner’s district consisting of the county of Herefordshire is the relevant new coroner’s district for the existing Western Coroner’s District of the county of Hereford and Worcester;
b
the coroner’s district consisting of the county of Worcestershire is the relevant new coroner’s district for the existing Central and North Eastern Coroners' Districts of the county of Hereford and Worcester; and
c
“coroner” includes any deputy or assistant deputy coroner.
Gareth Williams
Parliamentary Under-Secretary of State
Home Office
19th February 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Lomond and Argyll 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 Lomond and Argyll 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 Lomond and Argyll 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 Argyll and Bute Hospital, Lochgilphead, and at establishments associated with that hospital, 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 Argyll and Clyde 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 Argyll and Clyde 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:
1
This Order may be cited as the Northern Ireland Act 1974 (Interim Period Extension) Order 1998, and shall come into force forthwith.
2
The interim period specified by section 1(4) of the Northern Ireland Act 1974 shall continue until 16th July 1999.
Marjorie Mowlam
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
9th July 1998


text:
1
This Order may be cited as the Severn Bridges Tolls Order 1998 and shall, in accordance with section 9(2)(b) of the Severn Bridges Act 1992 (in this Order referred to as “ the Act ”), come into force on 1st January 1999.
2
The tolls leviable in respect of vehicles within the categories referred to in section 8(1) of the Act using either of the bridges shall be as follows:–
Category 1 vehicles £4.20 Category 2 vehicles £8.40 Category 3 vehicles £12.50
3
The Severn Bridges Tolls Order 1997 is hereby revoked.
Signed by authority of the Secretary of State of the Environment, Transport and the Regions
Larry Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
1st December 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Oxford Radcliffe Hospital National Health Service Trust (Change of Name) Order 1998 and shall come into force on 26th May 1998.
2
In this Order —
“ the Order ” means the Churchill John Radcliffe National Health Service Trust (Establishment) Order 1993 ;
“ the trust ” means the National Health Service trust established by the Order.
Change of name of NHS trust
2
The trust shall be called the Oxford Radcliffe Hospitals National Health Service Trust instead of the Oxford Radcliffe Hospital National Health Service Trust, and accordingly in Article 1 of the Order in the definition of “the trust”, and in Article 2 of the Order, for the words “Oxford Radcliffe Hospital” there shall be substituted the words “Oxford Radcliffe Hospitals”.
Transitional provisions
3
The change of name under this Order shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name; and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,
Department of Health
12th May 1998


text:
Citation and commencement
1
These Regulations may be cited as the Housing Benefit (General) Amendment Regulations 1998 and shall come into force on 10th August 1998.
Amendment of regulation 3 of the Housing Benefit (General) Amendment ( No. 2) Regulations 1997
2
In regulation 3 of the Housing Benefit (General) Amendment (No. 2) Regulations 1997 (date the Regulations are to cease to have effect), for the words “31st October 1998”there shall be substituted the words “31st October 1999”.
Signed by authority of the Secretary of State for Social Security.
Keith Bradley
Parliamentary Under-Secretary of State,
Department of Social Security
16th July 1998


text:
Citation and commencement
1
This Order may be cited as the Furness Hospitals National Health Service Trust (Dissolution) Order 1998 and shall come into force on 1st April 1998.
Dissolution of NHS trust
2
The Furness Hospitals National Health Service Trust established by the Furness Hospitals National Health Service Trust (Establishment) Order 1994 is dissolved, and accordingly that Order is revoked.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State
Department of Health
18th March 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Jobseeker’s Allowance (Amendment) (No. 2) Regulations 1998 and regulation 3(c) shall come into force on 1st December 1998 and the remainder of these Regulations shall come into force on 4th August 1998.
2
In these Regulations “the Jobseeker’s Allowance Regulations ” means the Jobseeker’s Allowance Regulations 1996 .
Interpretation of Part IV of the Jobseeker’s Allowance Regulations
2
In regulation 57(1) of the Jobseeker’s Allowance Regulations, in the definition of “training”, for the words “pursuant to its arrangement with the Secretary of State (whether that arrangement is known as an Operating Agreement or by any other name)” there shall be substituted the words “, or a Chamber of Commerce, Training and Enterprise, under its contractual arrangement with the Secretary of State”.
Interpretation of section 19 of the Jobseekers Act 1995 and Part V of the Jobseeker’s Allowance Regulations
3
In regulation 75 of the Jobseeker’s Allowance Regulations–
a
paragraph (1)(a)(i)(cc) shall be omitted;
b
for paragraph (1)(a)(i)(ee) there shall be substituted the following–
ee
Programme Centre Workshop, being a programme of up to 29 hours' attendance over a period not exceeding 28 days, and consisting of a series of individual modules providing job search advice and guidance, motivational assistance and assistance in the preparation of a curriculum vitae; and
;
c
paragraph (1)(a)(i)(bb) and (dd) shall be omitted.
4
In regulation 75(1)(b)(i) of the Jobseeker’s Allowance Regulations for the words “pursuant to its arrangement with the Secretary of State (whether that arrangement is known as an Operating Agreement or by any other name)” there shall be substituted the words “, or a Chamber of Commerce, Training and Enterprise, under its contractual arrangement with the Secretary of State”.
Persons in receipt of a training allowance
5
In regulation 170(2) of the Jobseeker’s Allowance Regulations for the words “pursuant to its arrangement with the Secretary of State (whether that arrangement is known as an Operating Agreement or by any other name)” there shall be substituted the words “, or a Chamber of Commerce, Training and Enterprise, under its contractual arrangement with the Secretary of State”.
Signed by authority of the Secretary of State for Education and Employment
Alan Howarth
Parliamentary Under-Secretary of State,
Department for Education and Employment
13th July 1998


text:
1
This Scheme may be cited as the M42 Motorway (Dunton Diversion) Scheme 1998 and shall come into force on 12th February 1998.
2
The Secretary of State is authorised to provide a special road (in this Scheme referred to as “the new special road”) for the exclusive use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980 along a route from a point on the M42 Motorway about 400 metres south of the centre point of the junction of the M42 Motorway and the A446 Trunk Road and A4097 Principal Road (M42 Junction 9 — Dunton) proceeding southwards and finishing at a point about 900 metres south of the centre point of that junction all east of Curdworth in the County of Warwickshire, a distance of about 520 metres.
3
The centre line of the new special road is indicated by a heavy black line on the plan numbered HA 16/PS/21, marked “The M42 Motorway (Dunton Diversion) Scheme 1998” signed by authority of the Secretary of State for the Environment, Transport and the Regions and deposited at the Highways Agency, Project Services, Room 12/27, St. Christopher House, Southwark Street, London SE1 0TE.
4
The new special road shall become a trunk road on the date when this Scheme comes into force.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Derek Oddy
Divisional Director Highways Agency
22nd January 1998


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Tunbridge Wells Borough Council) Order 1998 and shall come into force on 3rd April 1998.
Exemption of other catering
2
Other catering by the council of the borough of Tunbridge Wells shall not be treated as a defined activity so long as it is carried out at the Town Hall, Royal Tunbridge Wells.
Signed by authority of the Secretary of State
Nick Raynsford
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
4th March 1998


text:
Citation and commencement
1
This Order may be cited as the West Lothian (Electoral Arrangements) Order 1998 and shall come into force on 1st January 1999.
Interpretation
2
In the Schedule to this Order–
a
a reference to–
i
an electoral ward is a reference to that electoral ward as constituted in this Order; and
ii
a road, footpath, railway line, river, burn or canal shall, where the context so admits, be construed as a reference to the centre line of the feature concerned; and
b
the following abbreviations are used:–
“EW” for electoral ward;
“NG Ref” for National Grid Reference as published on Ordnance Survey Maps.
Electoral arrangements
3
The area of West Lothian Council shall be divided into 32 wards, having the names, contents and boundaries set forth in the Schedule to this Order.
Henry B McLeish
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
25th November 1998


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education Act 1996 (Infant Class Sizes) (Modification) Regulations 1998, and shall come into force on 1st September 1998.
2
These Regulations apply in relation to any existing maintained school in England or Wales which contains an infant class.
Interpretation
2
In these Regulations —
“the 1996 Act ” means the Education Act 1996 ;
“the 1998 Act ” means the School Standards and Framework Act 1998;
“existing maintained school” means
any county or voluntary school, or
any grant-maintained school,
(within the meaning of the 1996 Act) which contains an infant class;
“infant class” has the meaning given by section 4 of the 1998 Act;
“relevant time”, in relation to an existing maintained school, means any time after the coming into force of Regulations under section 1 of the 1998 Act by virtue of which any limit on class sizes is to apply in relation to the school .
Modification of the 1996 Act
3
1
The provisions of the 1996 Act referred to in the Schedule shall have effect in relation to any existing maintained school with the modifications specified in that Schedule for the period so specified.
2
This regulation applies despite anything in the articles or instrument of government of that school.


text:
Citation and commencement
1
This Order may be cited as the Dudley Priority Health National Health Service Trust (Establishment) Amendment Order 1998 and shall come into force on 9th November 1998.
Amendment of Establishment Order
2
For article 3 of the Dudley Priority Health National Health Service Trust (Establishment) Order 1994 (nature and functions of the trust) there shall be substituted the following article: —
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) 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 Authorities) shall be —
a
to own and manage pursuant to section 5(1)(a) of the Act Department of Psychiatry, Russells Hall Hospital, Busheyfields Road, Russells Hall, Dudley DY1 2LZ and associated hospitals, and there to provide and manage hospital accommodation and services;
b
to own and manage pursuant to section 5(1)(a) of the Act Ridge Hill, Brierley Hill Road, Stourbridge, West Midlands DY8 5ST and associated premises, and from there to provide and manage community health services; and
c
to provide and manage pursuant to section 5(1)(b) of the Act: —
i
Sedgley Health & Social Care Centre, Ladies Walk, Priory Lane, Sedgley,
ii
Wychbury Medical Centre, 121 Oakfield Road, Wollescote, Stourbridge, West Midlands DY9 9DS,
iii
Steppingstones Medical Practice, Stafford Street, Dudley, West Midlands DY1 1RT,
iv
Feldon Lane Clinic, Feldon Lane, Halesowen, West Midlands B62 9DR,
v
Bayer Street site, Coseley, West Midlands WV14 9BS,
vi
Wrens Nest Estate site, Dudley, West Midlands,
vii
The Elms Health Centre, Slade Road, Cradley, Halesowen, West Midlands B63 2UR,
and from there to provide and manage community health services.
.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State
Department of Health
28th October 1998


text:
1
This Order may be cited as the Dissolution of the Cable Authority Order 1998.
2
The Cable Authority are hereby dissolved with effect from 10th September 1998.
Chris Smith
Secretary of State for Culture, Media and Sport
9th September 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Highland Acute Hospitals National Health Service Trust (Establishment) Order 1998 and shall come into force on 2nd November 1998.
2
In this Order, unless the context otherwise requires–
“ the Act ” means the National Health Service (Scotland) Act 1978;
“establishment date” means 2nd November 1998;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 7A to the Act;
“the trust” means Highland Acute Hospitals National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called Highland Acute Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 12A(1)(b) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more Health Boards) shall be to provide and manage hospital accommodation and facilities at Raigmore Hospital, Inverness, and at establishments associated with that hospital, 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 Highland 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 Highland 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:
1
This Order may be cited as the Bank of England Act 1998 (Transfer Scheme Appointed Day) Order 1998.
2
In this Order “the transfer scheme” means the scheme for the transfer of property, rights and liabilities made by the Bank on 16th September 1998 under paragraph 3 of Schedule 4 to the Bank of England Act 1998 and approved by the Treasury on 22nd September 1998 under paragraph 3(2) of that Schedule.
3
The day appointed for the transfer scheme to come into force is 1st October 1998.
Bob Ainsworth
Jim David
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd September 1998


text:
Citation and commencement
1
This Order may be cited as the Local Government Staff Commission (England) (Winding Up) Order 1998 and shall come into force on 12th May 1998.
Winding Up of Staff Commission
2
The Local Government Staff Commission (England) is wound up and its rights and liabilities (if any) shall transfer to and vest in the Secretary of State.
Revocation
3
The Local Government Staff Commission (England) Order 1993 is revoked.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State
Department of the Environment, Transport and the Regions
24th March 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bank of England (Information Powers) Order 1998, and shall come into force on 1st June 1998.
2
In this Order —
“ the Act ” means the Bank of England Act 1998;
“asset” includes property or rights of any kind, and includes any interest, whether direct or indirect, whether present or future, and whether vested or contingent, in any asset;
“liability” includes any liability whether conditional or unconditional, whether present or future, and whether vested or contingent;
“overseas undertaking” means any undertaking which is not a UK undertaking;
“parent undertaking” and “subsidiary undertaking” have the same meaning as in Part VII of the Companies Act 1985 , but as if (in each case) —
the reference in section 260(2) of that Act (definition of “participating interest”) to a holding of 20 per cent or more were a reference to a holding of 10 per cent or more, and
the reference in section 258(4)(a) of that Act to a “dominant influence” were a reference to a “significant influence”;
“securities” means shares, stock, debentures, debenture stock, loan stock, bonds, relevant debt securities (within the meaning of section 17 of the Act), units of a collective investment scheme (within the meaning of the Financial Services Act 1986 ) and other securities of any description, and includes any interest in any security;
“UK undertaking” means an undertaking which is incorporated in any part of the United Kingdom, or is a partnership or other unincorporated association formed under the law of any part of the United Kingdom;
“undertaking” has the meaning given by section 259 of the Companies Act 1985.
Relevant financial affairs
2
1
The financial affairs of an undertaking which are relevant for the purposes of section 17 of the Act (power of the Bank to obtain information) are those financial affairs which relate to any of the following, namely:
a
(subject to paragraph (2) below) the holding, acquisition, creation or disposal by the undertaking of any asset, or the extinction of any asset of the undertaking;
b
the owing, incurring or discharge by the undertaking of any liability, or the extinction of any liability of the undertaking;
c
i
the charges made and interest rates applied by the undertaking, and
ii
income received or receivable and expenditure incurred or to be incurred by the undertaking,
in relation to the provision of services or any other transaction;
d
the making by the undertaking of any commitment to provide services or enter into any other transaction;
e
i
the holding, acquisition, creation or disposal of any asset by the undertaking acting in the capacity as agent of, or trustee for, any other person;
ii
the owing, incurring or discharge of any liability by the undertaking acting in that capacity;
iii
the extinction of any asset held, or liability owed, by the undertaking in that capacity;
f
the issue or redemption by the undertaking of any securities;
g
in the case of a UK undertaking, the acquisition or disposal of any interest (whether direct or indirect) in the undertaking by an overseas undertaking which is, or which becomes or ceases to be by virtue of that acquisition or disposal, a parent undertaking in relation to that UK undertaking;
h
in the case of an overseas undertaking, the establishment, maintenance or closure by the undertaking of a place of business in the United Kingdom.
2
In the case of a UK undertaking only, the reference in paragraph (1)(a) above to the holding, acquisition, creation, disposal or extinction of any asset includes:
a
the acquisition or disposal by the undertaking of any interest (whether direct or indirect) in an overseas undertaking which —
i
is, or becomes or ceases to be by virtue of that acquisition or disposal, a subsidiary undertaking of that UK undertaking, or
ii
is a parent undertaking in relation to that UK undertaking;
b
the establishment, maintenance or closure by the undertaking of a place of business outside the United Kingdom.
Jim Dowd
Graham Allen
Two of the Lords Commissioners of Her Majesty’s Treasury
19th May 1998