text:
PART I
GENERAL
Citation, commencement and duration
1
1
These Regulations may be cited as the Social Security (New Deal Pilot) Regulations 1998 and shall come into force on 30th November 1998.
2
These Regulations shall cease to have effect on 29th November 1999, unless revoked with effect from an earlier date.
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
“ the Act ” means the Jobseekers Act 1995;
“appropriate office” means an office, by whatever name it is from time to time known, of the Department for Education and Employment which is identified by reference to its name as at the date these Regulations come into force in one or more of the Schedules to these Regulations, and where such an office closes, the references in the Schedules to that office in relation to a person shall be construed as references to the office which that person is required to attend instead of that office;
“benefit” means jobseeker’s allowance or any earnings credited to a person in accordance with regulation 8A of the Social Security (Credits) Regulations 1975 ;
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Disability Working Allowance Regulations ” means the Disability Working Allowance (General) Regulations 1991 ;
“employment officer” means a person who is at any time an employment officer for the purposes of section 19 of the Act;
“employment-related course” has the same meaning as in regulation 1(3) of the Jobseeker’s Allowance Regulations ;
“the Family Credit Regulations ” means the Family Credit (General) Regulations 1987 ;
“full-time student” has the same meaning as in regulation 1(3) of the Jobseeker’s Allowance Regulations;
“gateway interview” means an interview with an employment officer to identify and discuss matters that could help a person find work and matters that are preventing him from finding work;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations ” means the Income Support (General) Regulations 1987 ;
“the intensive activity period of the New Deal pilots for 25 plus” means the programme provided in pursuance of arrangements made by the Secretary of State under section 2 of the Employment and Training Act 1973 for which only persons who are aged 25 years or over may be eligible, known as the intensive activity period of the New Deal pilots for 25 plus, and which includes for any individual, jobsearch activity and one or more of the following, namely training, study, assistance in pursuing self-employed earner’s employment and work experience;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 ;
“part-time student” has the same meaning as in regulation 1(3) of the Jobseeker’s Allowance Regulations;
“week” means any period of 7 days.
2
In regulations 3 to 5, the references to receiving benefit for not less than the periods or, as the case may be, for less than the period, referred to in those regulations means receiving benefit–
a
without any period of interruption, or
b
with a period of interruption which did not exceed 28 days, or
c
with a number of periods of interruption, none of which exceeded 28 days,
and any period of interruption which did not exceed 28 days shall be taken into account in calculating the periods referred to in regulations 3 to 5.
3
In these Regulations, unless the context otherwise requires, a reference
a
to a numbered regulation is to the regulation in these Regulations bearing that number;
b
in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number; and
c
to a numbered Schedule is to the Schedule to these Regulations bearing that number.
PART II
THE INTENSIVE ACTIVITY PERIOD OF THE NEW DEAL PILOTS FOR 25 PLUS
Application: persons aged 25 and over in receipt of benefit for 12 months
3
This regulation shall apply to any person who–
a
on or after the date these Regulations come into force attends an appropriate office listed in Schedule 1 pursuant to a notice under regulation 23 of the Jobseeker’s Allowance Regulations, and
b
on any day when he so attends is aged 25 or over but under pensionable age and has been receiving benefit for a period of not less than 12 months.
Application: persons aged 25 and over in receipt of benefit for 18 months
4
This regulation shall apply to any person who–
a
on or after the date these Regulations come into force attends an appropriate office listed in Schedule 2 pursuant to a notice under regulation 23 of the Jobseeker’s Allowance Regulations, and
b
on any day when he so attends is aged 25 or over but under pensionable age and has been receiving benefit for a period of not less than 18 months.
Application: volunteers
5
This regulation shall apply to any person who–
a
on or after the date these Regulations come into force, attends an appropriate office listed in Schedule 3 pursuant to a notice under regulation 23 of the Jobseeker’s Allowance Regulations and when he so attends volunteers to attend a gateway interview,
b
on the day he so attends, is aged 25 or over but under pensionable age and has been receiving benefit for a period of less than 18 months, and
c
in respect of whom an employment officer agrees that he may be given a gateway interview.
Sanction
6
1
In relation to a person to whom paragraph (2) applies, “employment programme” in section 19 of the Act means, in addition to the programmes listed in regulation 75(1) of the Jobseeker’s Allowance Regulations, the intensive activity period of the New Deal pilots for 25 plus.
2
This paragraph applies to any person to whom regulation 3, 4, or 5 applies and who has been given or sent a notice in writing by an employment officer advising him that if he fails to participate in the intensive activity period of the New Deal pilots for 25 plus his jobseeker’s allowance could cease to be payable or could be payable at a lower rate.
3
In relation to a person to whom paragraph (2) applies, for sub-paragraph (ii) of paragraph (a) of regulation 69 of the Jobseeker’s Allowance Regulations there shall be substituted the following–
ii
either–
aa
where the determination mentioned in (i) above does not relate to the intensive activity period of the New Deal pilots for 25 plus, on a previous occasion the jobseeker’s allowance was determined not to be payable to him in circumstances falling within section 19(5), or
bb
where the determination mentioned in (i) above relates to the intensive activity period of the New Deal pilots for 25 plus, on a previous occasion the jobseeker’s allowance was determined not to be payable to him in circumstances falling within section 19(5) that relate to the intensive activity period of the New Deal pilots for 25 plus, and
.
Interpretation of section 19 of the Jobseekers Act 1995 and Part V of the Jobseeker’s Allowance Regulations
7
In relation to a person to whom regulation 3, 4 or 5 applies, “employment” in section 19 of the Act, except subsection (9), and in Part V of the Jobseeker’s Allowance Regulations means employed earner’s employment other than employed earner’s employment in which a person is employed whilst participating in the intensive activity period of the New Deal pilots for 25 plus; and “employed earner” shall be construed accordingly.
Availability for employment
8
1
In relation to a person to whom regulation 3, 4 or 5 applies–
a
regulation 15(a) of the Jobseeker’s Allowance Regulations shall be modified in its application to him as if the following words were added after the words “full-time student” where those words appear for the first time–
, other than where he is a full-time student by virtue of undertaking an employment-related course as part of the intensive activity period of the New Deal pilots for 25 plus,
; and
b
if in any week in which he is participating in the intensive activity period of the New Deal pilots for 25 plus he is as part of that programme undertaking as a full-time student or a part-time student an employment-related course for not less than three days in that week, he shall be treated as available for employment for that week.
2
In this regulation, “week” has the same meaning as “benefit week” in regulation 1(3) of the Jobseeker’s Allowance Regulations.
Good Cause
9
Without prejudice to any other circumstances in which a person may be regarded as having good cause for any act or omission for the purposes of section 19(5)(b) of the Act, and in addition to the circumstances listed in regulation 73 of the Jobseeker’s Allowance Regulations, a person to whom regulation 3, 4 or 5 applies is to be regarded as having good cause for an act or omission in relation to the intensive activity period of the New Deal pilots for 25 plus for the purposes of section 19(5)(b) where he has already participated in the intensive activity period of the New Deal pilots for 25 plus for one continuous period of 13 weeks or two or more periods amounting in total to 13 weeks.
Payability of allowance
10
An income-based jobseeker’s allowance shall be payable to a person to whom regulation 3, 4 or 5 applies even though section 19 of the Act prevents payment of a jobseeker’s allowance to him if–
a
an allowance would not otherwise be payable because the circumstances in section 19(5)(c) of the Act apply in relation to the intensive activity period of the New Deal pilots for 25 plus, and
b
he has already participated in the intensive activity period of the New Deal pilots for 25 plus for one continuous period of 13 weeks or two or more periods amounting in total to 13 weeks,
and the applicable amount of a person to whom this regulation applies shall be the amount determined in accordance with regulation 83, 84, 85, 86, 145 or 148 of the Jobseeker’s Allowance Regulations, as appropriate.
PART III
CONSEQUENTIAL PROVISIONS
Scope of Part III
11
1
Regulations 12 and 14 to 17 shall only apply in relation to a person to whom regulation 3, 4 or 5 applies in so far as those regulations relate to that person’s participation in the intensive activity period of the New Deal pilots for 25 plus.
2
Regulation 13 shall only apply in any week in which a person to whom reglation 3, 4 or 5 applies is participating in the intensive activity period of the New Deal pilots for 25 plus.
Definition of “training allowance”
12
1
The definition of “training allowance” in each of the regulations specified in paragraph (2) (which are interpretation provisions) shall be modified in its application to persons to whom this Part applies as if at the end there were added the words “nor does it include any mandatory top-up payment made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person’s participation in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations”.
2
The regulations to which paragraph (1) refers are–
a
regulation 2(1) of the Council Tax Benefit Regulations;
b
regulation 2(1) of the Disability Working Allowance Regulations ;
c
regulation 2(1) of the Family Credit Regulations ;
d
regulation 2(1) of the Housing Benefit Regulations ;
e
regulation 2(1) of the Income Support Regulations ;
f
regulation 1(3) of the Jobseeker’s Allowance Regulations .
Remunerative work
13
1
Regulation 53 of the Jobseeker’s Allowance Regulations (persons treated as not engaged in remunerative work) shall be modified in its application to persons to whom this Part applies as if at the end there was added the following paragraph–
j
he is participating in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations
.
2
Regulation 6 of the Income Support Regulations (persons treated as not engaged in remunerative work) shall be modified in its application to persons to whom this Part applies as if at the end there was added the following paragraph–
l
he is participating in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations
.
3
Both regulation 4 of the Council Tax Benefit Regulations and regulation 4 of the Housing Benefit Regulations (remunerative work) shall be modified in their application to persons to whom this Part applies as if after paragraph (5) there was inserted the following paragraph–
5A
A person shall not, for the purposes of these Regulations, be treated as engaged in remunerative work in any benefit week in which he is participating in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations.
.
4
Both regulation 4 of the Family Credit Regulations and regulation 6 of the Disability Working Allowance Regulations (remunerative work) shall be modified in their application to persons to whom this Part applies as if after paragraph (3)(c) there was added the following sub-paragraph–
d
he is participating in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations.
.
Notional Income
14
1
Regulation 105 of the Jobseeker’s Allowance Regulations (notional income) shall be modified in its application to persons to whom this Part applies as if–
a
in sub-paragraph (c) of paragraph (10A) , after head (iii), there was added the following head–
iv
in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations but only to the extent that it is not used for a purpose specified in paragraph (10)(a)(ii)
;
b
in paragraph (13) –
i
at the beginning, there were inserted the words “Subject to paragraph (13A),”;
ii
the words from “; but this paragraph” to the end of the paragraph were omitted;
c
after paragraph (13) there were inserted the following paragraph–
13A
Paragraph (13) shall not apply–
a
to a claimant who is engaged by a charitable or voluntary organisation or who is a volunteer if the adjudication officer is satisfied in any of those cases that it is reasonable for him to provide those services free of charge; or
b
in a case where the service is performed in connection with the claimant’s participation in–
i
an employment or training programme in accordance with regulation 19(1)(q); or
ii
the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations.
.
2
Regulation 42 of the Income Support Regulations (notional income) shall be modified in its application to persons to whom this Part applies as if–
a
in sub-paragraph (c) of paragraph (4ZA) , after head (iii), there was added the following head–
iv
in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations but only to the extent that it is not used for a purpose specified in paragraph (4)(a)(ii);
;
b
in paragraph (6)(a) –
i
at the beginning, there were inserted the words “Subject to paragraph (6A),”;
ii
the words from “; but this paragraph” to the end of the paragraph were omitted;
c
after paragraph (6) there were inserted the following paragraph–
6A
Paragraph (6) shall not apply–
a
to a claimant who is engaged by a charitable or voluntary organisation or who is a volunteer if the adjudication officer is satisfied in any of those cases that it is reasonable for him to provide those services free of charge; or
b
in a case where the service is performed in connection with the claimant’s participation in–
i
an employment or training programme in accordance with regulation 19(1)(q) of the Jobseeker’s Allowance Regulations 1996; or
ii
the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations.
.
3
Both regulation 26 of the Council Tax Benefit Regulations and regulation 35 of the Housing Benefit Regulations (which relate to notional income) shall be modified in their application to persons to whom this Part applies as if–
a
in sub-paragraph (c) of paragraph (3A), after head (iii), there was added the following head–
iv
in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations but only to the extent that it is not used for a purpose specified in paragraph (3)(a);
;
b
in paragraph (5)–
i
at the beginning, there were inserted the words “Subject to paragraph (5A),”;
ii
the words from “; but this paragraph” to the end of the paragraph were omitted;
c
after paragraph (5) there were inserted the following paragraph–
5A
Paragraph (5) shall not apply–
a
to a claimant who is engaged by a charitable or voluntary organisation or who is a volunteer if the adjudication officer is satisfied in any of those cases that it is reasonable for him to provide those services free of charge; or
b
in a case where the service is performed in connection with the claimant’s participation in–
i
an employment or training programme in accordance with regulation 19(1)(q) of the Jobseeker’s Allowance Regulations 1996; or
ii
the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations.
.
4
Both regulation 29 of the Disability Working Allowance Regulations and regulation 26 of the Family Credit Regulations (which relate to notional income) shall be modified in their application to persons to whom this Part applies as if–
a
in sub-paragraph (c) of paragraph (3A), after head (iii), there was added the following head–
iv
in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations but only to the extent that it is not used for a purpose specified in paragraph (3)(a);
;
b
in paragraph (4)–
i
at the beginning, there were inserted the words “Subject to paragraph (4A),”;
ii
the words from “; but this paragraph” to the end of the paragraph were omitted;
c
after paragraph (4) there were inserted the following paragraph–
4A
Paragraph (4) shall not apply–
a
to a claimant who is engaged by a charitable or voluntary organisation or who is a volunteer if the adjudication officer is satisfied in any of those cases that it is reasonable for him to provide those services free of charge; or
b
in a case where the service is performed in connection with the claimant’s participation in–
i
an employment or training programme in accordance with regulation 19(1)(q) of the Jobseeker’s Allowance Regulations 1996; or
ii
the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations.
.
Notional capital
15
1
Both regulation 113(3A) of the Jobseeker’s Allowance Regulations and regulation 51(3A) of the Income Support Regulations (notional capital) shall be modified in their application to persons to whom this Part applies as if in sub-paragraph (b), after head (iii), there was added the following head–
iv
in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations but only to the extent that it is not used for a purpose specified in paragraph (3)(a)(ii).
.
2
Paragraph (3A) of each of the regulations specified in paragraph (3) (which relate to notional capital) shall be modified in their application to persons to whom this Part applies as if in sub-paragraph (b), after head (iii), there was added the following head–
iv
in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations but only to the extent that it is not used for a purpose specified in paragraph (3)(a).
.
3
The regulations to which paragraph (2) refers are–
a
regulation 34 of the Council Tax Benefit Regulations ;
b
regulation 37 of the Disability Working Allowance Regulations ;
c
regulation 34 of the Family Credit Regulations ;
d
regulation 43 of the Housing Benefit Regulations .
Income to be disregarded
16
1
Each of the Schedules specified in paragraph (2) (which relate to sums to be disregarded in the calculation of income other than earnings), shall be modified in their application to persons to whom this Part applies as if at the end of each of those Schedules there were added the following paragraphs bearing the specified respective paragraph numbers–
Any child care expenses reimbursed to the claimant in respect of his participation in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations but this paragraph does not apply to any part of any allowance under section 2(2)(d) of the 1973 Act.
Any mandatory top-up payment made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person’s participation in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations.
.
2
The respective paragraph numbers and Schedules for the purposes of paragraph (1) are–
a
paragraphs 68 and 69 of Schedule 4 to the Council Tax Benefit Regulations ;
b
paragraphs 61 and 62 of Schedule 3 to the Disability Working Allowance Regulations ;
c
paragraphs 63 and 64 of Schedule 2 to the Family Credit Regulations ;
d
paragraphs 69 and 70 of Schedule 4 to the Housing Benefit Regulations ;
e
paragraphs 67 and 68 of Schedule 9 to the Income Support Regulations ;
f
paragraphs 65 and 66 of Schedule 7 to the Jobseeker’s Allowance Regulations .
Capital to be disregarded
17
1
Each of the Schedules specified in paragraph (2) (which relate to capital to be disregarded), shall be modified in their application to persons to whom this Part applies as if at the end of each of those Schedules, there were added the following paragraphs bearing the respective specified paragraph numbers–
Any child care expenses reimbursed to the claimant in respect of his participation in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations but only for a period of 52 weeks from the date of receipt of the payment.
Any mandatory top-up payment made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person’s participation in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1998 in regulation 2(1) of those Regulations but only for a period of 52 weeks from the date of receipt of the payment.
.
2
The respective paragraph numbers and Schedules specified for the purposes of paragraph (1) are–
a
paragraphs 57 and 58 of Schedule 5 to the Council Tax Benefit Regulations ;
b
paragraphs 55 and 56 of Schedule 4 to the Disability Working Allowance Regulations ;
c
paragraphs 56 and 57 of Schedule 3 to the Family Credit Regulations ;
d
paragraphs 57 and 58 of Schedule 5 to the Housing Benefit Regulations ;
e
paragraphs 54 and 55 of Schedule 10 to the Income Support Regulations ;
f
paragraphs 49 and 50 of Schedule 8 to the Jobseeker’s Allowance Regulations .
Signed for the purposes of Parts I and II of these Regulations on behalf of the Secretary of State for Education and Employment
Andrew Smith
Minister of State,
Department for Education and Employment
23rd November 1998
Signed for the purposes of Part III of these Regulations on behalf of the Secretary of State for Social Security
Angela Eagle
Parliamentary Under Secretary of State,
Department of Social Security
26th November 1998


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Public Telecommunication System Designation (NorSea Com A/S) Order 1998 and shall come into force on 7th January 1999.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Barbara Roche
Parliamentary Under Secretary of State for Small Firms, Trade and Industry,
Department of Trade and Industry
3rd December 1998


text:
1
These Regulations may be cited as the Housing (Change of Landlord) (Payment of Disposal Cost by Instalments) (Amendment) Regulations 1998 and shall come into force on 6th March 1998.
2
In regulation 3(3) of the Housing (Change of Landlord) (Payment of Disposal Cost by Instalments) Regulations 1990 (payment by instalments) for “7.78 per cent.” substitute “8.17 per cent.”.
3
The Housing (Change of Landlord) (Payment of Disposal Cost by Instalments) (Amendment) ( No. 3) Regulations 1997 are revoked.
4
Regulations 2 and 3 do not apply in respect of any period before the date these Regulations come into force (notwithstanding that interest included in the amount of an instalment is paid on or after that date).
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
7th February 1998


text:
Citation and commencement
1
This Order may be cited as the Housing (Right to Buy) (Priority of Charges) Order 1998 and shall come into force on 9th March 1998.
Specified Bodies
2
The following bodies are hereby specified as approved lending institutions for the purposes of section 156 of the Housing Act 1985 (priority of charges) —
a
Mortgages PLC — Company No. 03320975
b
The Money Store Limited — Company No. 03319091
c
The Money Store Company (No. 1) Limited — Company No. 3456337
d
The Money Store Company (No. 2) Limited — Company No. 3456341
e
The Money Store Company (No. 3) Limited — Company No. 3456334
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
16th February 1998


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Excemption) (Cherwell District Council) Order 1998 and shall come into force on 26th August 1998.
Exemption of collection of refuse carried out by Cherwell District Council
2
The collection of refuse by the council of the district of Cherwell shall not be treated as a defined activity so long as it is carried out in their area during the period beginning with 26th August 1998 and ending on 28th February 1999.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State
Department of the Environment, Transport and the Regions
29th July 1998


text:
Citation and commencement
1
This Order may be cited as the Llandough Hospital and Community National Health Service Trust (Establishment) Amendment Order 1998 and shall come into force on 31st March 1998.
Amendment of Establishment Order
2
For Article 3 of the Llandough Hospital National Health Service Trust (Establishment) Order 1992 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 shall be —
a
subject to sub-paragraph (b) and (c) below, to own and manage under section 5(1)(a) of the Act hospital accommodation and services provided at Llandough Hospital, Llandough, Penarth CF6 1XX and associated hospitals including the management of its teaching and research facilities;
b
to provide and manage under section 5(1)(b) of the Act hospital accommodation and services at the ultra-clean operating theatre complex which is situated at the said Llandough Hospital, being a single-storey steel-clad building connected to the main theatre complex to the west and to the main hospital corridor to the south;
c
subject to sub-paragraph (d) below, to manage under section 5(1)(a) of the Act community health services provided from Llandough Hospital and to own the associated premises;
d
to manage under section 5(1)(b) of the Act community health services provided from the Sealock Centre, 2nd Floor, Sealock Warehouse, Burt Street, Butetown, Cardiff CF1 6HZ and to provide the associated premises.
.
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
3rd March 1998


text:
1
These Regulations may be cited as the Federal Republic of Yugoslavia (Supply and Sale of Equipment) (Penalties and Licences) Regulations 1998 and shall come into force on 15th July 1998.
2
Any person who infringes the prohibition in Article 1 of Council Regulation ( EC ) No. 926/98 of 27th April 1998 concerning the reduction of certain economic relations with the Federation Republic of Yugoslavia or the prohibition in Article 3 of that Regulation so far as it relates to Article 1 shall be guilty of an offence and may be arrested.
3
1
Authorisation for sale or supply of equipment to the Federal Republic of Yugoslavia as provided for in the said Regulation shall in the United Kingdom be by way of licence granted by the Secretary of State.
2
If for the purpose of obtaining a licence any person —
a
makes any statement or furnishes any document which to his knowledge is false in a material particular, or
b
recklessly makes any statement or furnishes any document or information which is false in a material particular,
he shall be guilty of an offence; and any licence granted in connection with the application for which the false statement was made or the false document or information furnished shall be void as from the time it was granted.
3
Any person who, having sold or supplied equipment under the authority of a licence granted under this regulation, fails to comply with any requirements or conditions to which the licence is subject shall be guilty of an offence unless —
a
the licence had previously been modified by the Secretary of State without that person’s consent,
b
the alleged failure to comply would not have been a failure had the licence not been so modified, and
c
that person proves that the sale or supply had taken place before the modification had been made.
4
1
A person guilty of an offence under regulation 2 or 3(2) or (3) above shall be liable —
a
on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or to both; or
b
on summary conviction, to a fine not exceeding the statutory maximum.
2
Notwithstanding that the offence in regulation 2 above is not, by virtue of the term of imprisonment for which a person may be sentenced in respect of it, an arrestable offence within the meaning of the Police and Criminal Evidence Act 1984 and the Police and Criminal Evidence (Northern Ireland) Order 1989 , section 24(2) of that Act (in England and Wales) and Article 26(2) of that Order (in Northern Ireland) shall apply to the offence as if it were mentioned therein, and the offence shall accordingly be an arrestable offence within the meaning of the Act and the Order.
3
Section 138 of the Customs and Excise Management Act 1979 (provision as to arrest of persons) shall apply to the arrest of any person for an offence under regulation 2 above as it applies to the arrest of any person for an offence under the customs and excise Acts.
4
Sections 145 to 148 and 150 to 155 of the Customs and Excise Management Act 1979 (proceedings for offences, mitigation of penalties, proof and other matters) shall apply in relation to offences and penalties under these Regulations and proceedings for such offences as they apply in relation to offences and penalties and proceedings for offences under the customs and excise Acts.
5
Nothing in subsections (1) to (4) of section 145 of the said Act (institution of proceedings for offences under the customs and excise Acts to be by order of the Commissioners) shall prevent the institution of proceedings by the Secretary of State for an offence under regulation 3(2) or (3) above.
6
In this regulation, “customs and excise Acts” has the same meaning as in section 1 of the said Act.
Clinton-Davis
Minister for Trade,
Department of Trade and Industry
22nd June 1998


text:
Citation and commencement
1
This Order may be cited as the Department of Transport (Fees) (Amendment) Order 1998 and shall come into force on 1st March 1998.
Amendment of the Department of Transport (Fees) (Order) 1988
2
1
The Department of Transport (Fees) Order 1988 shall be further amended as follows.
2
In Table VI of Schedule 1 (fees payable under the Vehicle Excise and Registration Act 1994 ) —
a
paragraph 1 shall be renumbered as paragraph 2; and
b
at the beginning there shall be inserted the paragraph set out in the Schedule to this Order.
Signed by authority of the Secretary of State
Helene Hayman
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
25th February 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Mendip (Electoral Changes) Order 1998.
2
This Order shall come into force on 6th May 1999, except that for the purpose of all proceedings preliminary or relating to an election to be held on or after that date this Order shall come into force on 10th October 1998.
3
In this Order —
“the district” means the district of Mendip;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
and any reference to “the map” is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the District of Mendip (Electoral Changes) Order 1998”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of Mendip
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into thirty-five 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 the 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 the 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.
Frome parish
3
1
The existing wards of the parish of Frome shall be abolished.
2
The parish shall be divided into five parish wards which shall bear the names Frome Berkley Down, Frome Fromefield, Frome Keyford, Frome Park and Frome Welshmill and each parish ward shall comprise the area of the ward of the district bearing the same name.
3
The number of parish councillors to be elected for each parish ward shall be four.
Glastonbury parish
4
1
The existing wards of the parish of Glastonbury shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Glastonbury St. Benedict's, Glastonbury St. Edmund's, Glastonbury St. John’s and Glastonbury St. Mary’s and each parish ward shall comprise the area of the ward of the district bearing the same name.
3
The number of parish councillors to be elected for each parish ward shall be four.
Shepton Mallet parish
5
1
The parish of Shepton Mallet shall be divided into two parish wards which shall bear the names Shepton East and Shepton West and each parish ward shall comprise the area of the ward of the district bearing the same name.
2
The number of parish councillors to be elected for each parish ward shall be eight.
Street parish
6
1
The existing wards of the parish of Street shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Street North, Street South and Street West and each parish ward shall comprise the area of the ward of the district bearing the same name.
3
The number of parish councillors to be elected for the parish wards of Street North and Street South shall be five in each case and for the parish ward of Street West shall be two.
Wells parish
7
1
The existing wards of the parish of Wells shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Wells St. Cuthbert's, Wells St. Thomas' and Wells Central and each parish ward shall comprise the area of the ward of the district bearing the same name.
3
The number of parish councillors to be elected for the parish wards of Wells St. Cuthbert’s and Wells St. Thomas' shall be six in each case and for the parish ward of Wells Central shall be four.
St. Cuthbert (Out) parish
8
The number of parish councillors to be elected for St. Cuthbert (Out) parish council shall be seventeen.
Revocation
9
The District of Mendip (Electoral Arrangements) Order 1976 is hereby revoked.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,Department of the Environment,Transport and the Regions
5th October 1998


text:
Citation and commencement
1
This Order may be cited as the East Glamorgan National Health Service Trust (Establishment) Amendment Order 1998 and shall come into force on 1st September 1998.
Amendment of Establishment Order
2
For Article 3 of the East Glamorgan National Health Service Trust (Establishment) Order 1994 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 shall be —
a
to own and manage under section 5(1)(a) of the Act hospital accommodation and services provided at East Glamorgan General Hospital, Church Village, Pontypridd CF38 1AB and associated hospitals;
b
to manage under section 5(1)(a) of the Act community health services provided from the said East Glamorgan General Hospital and to own the associated premises;
c
to provide and manage under section 5(1)(b) of the Act hospital accommodation and services at Royal Glamorgan Hospital, Ynysmaerdy, Llantrisant, CF7 8XR.
.
Signed by authority of the Secretary of State for Wales
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
10th August 1998


text:
1
1
This Order may be cited as the Registration of Political Parties (Fees) Order 1998.
2
This article and article 2 shall come into force on 3rd December 1998 and articles 3 and 4 shall come into force on 14th January 1999.
3
In this Order “ the Act ” means the Registration of Political Parties Act 1998.
2
The fee for an application by a party under section 2 of, and Schedule 1 to, the Act for inclusion in the register of political parties is £150.
3
The fee for an application by a party under section 6 of the Act to alter its entry in the register is £25.
4
The fee for a notice under section 7 of the Act by the registered leader of a party notifying the registrar that the party is to remain registered is £25.
George Howarth
Parliamentary Under-Secretary of State
Home Office
21st November 1998


text:
Commencement and citation
1
This Order may be cited as The A205 Trunk Road (Lewisham) Red Route (Bus Lanes) Experimental Traffic Order 1998, and shall come into force on 18th September 1998.
Interpretation
2
In this Order–
a
a reference to an article followed by a number is a reference to the article of this order so numbered;
b
causing includes permitting;
c
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
d
“vehicle” includes part of a vehicle;
e
“bus”, “local bus”, “pedal cycle”, “taxi”, “bus lane”, “contra-flow” and “with-flow lane” have the meanings given in the Traffic Signs Regulations and General Directions 1994 ;
f
“dial-a-ride bus” means a vehicle–
i
displaying so as to be conspicuous on the outside of the vehicle a logo in a form approved by or with the authority of the Traffic Director for London and containing the words “dial-a-ride”; and
ii
constructed or adapted for the carriage of disabled persons and their companions and which is being used to provide a service for the carriage of such persons;
g
“times of operation” means, in relation to a length of road specified in an item in column (2) of the table in the schedule to this order, the times specified in that item in column (3) of that table;
h
“permitted vehicles” means, in relation to a length of road specified in an item in column (2) of the table in the schedule, the vehicles specified in that item in column (5) of that table;
i
an entry in column (3), (4) or (5) of an item in the table in the schedule to this order applies to that column in subsequent items in that schedule.
Bus Lane Controls
3
1
No person shall cause a vehicle to be in a bus lane in a length of road specified in an item in column (2) of the table in the schedule to this order during the times specified in that item in column (3) of that item unless that vehicle is proceeding in the direction specified in column (4) of that item and is of a type specified in column (5) of that item.
2
The controls specified in paragraph (1) of this article do not apply so as to prevent a vehicle stopping in a bus lane for as long as may be necessary–
a
to enable a person to get on or off the vehicle; or
b
to enable goods to be loaded on to or unloaded from the vehicle;
if and in so far as the activity is not prohibited by the provisions of any other order.
Exemptions
4
1
The controls specified in article 3(1) do not apply in respect of a vehicle which is being used for a purpose which is within the exemption to a restriction or prohibition imposed by any other order made under the Road Traffic Regulation Act 1984 or which is permitted by any other order.
2
The controls specified in article 3(1) do not apply in respect of a vehicle stopping in a bus lane if the vehicle is being used in–
a
the service of a local authority for the purpose of collecting refuse;
b
the pursuance of any statutory duty of the Post Office for the purpose of collecting or delivering letters provided the vehicle bears the Royal Mail livery;
c
connection with the removal of any obstruction to traffic;
d
connection with the maintenance, improvement or reconstruction of any road;
e
connection with the maintenance, improvement or construction of any street furniture including bus stop infrastructure;
f
connection with any building operation or demolition;
g
connection with the laying, erection, alteration or repair in or near the bus lane of any sewer or of any main, pipe or apparatus for the supply of gas, water or electricity, or of any telecommunications apparatus as defined in paragraph 1(1) of Schedule 2 of the Telecommunications Act 1984 ;
if the vehicle cannot be used for that purpose without being in the bus lane and in so far as the activity is not prohibited by the provisions of any other order.
3
The controls specified in article 3(1) do not apply in respect of–
a
a vehicle entering or stopping in a bus lane so as to avoid an accident;
b
a vehicle entering or stopping in a bus lane to allow a person to get or give help in consequence of an accident or emergency or otherwise take action for public safety;
c
a vehicle crossing a bus lane in order to get to or from any road adjacent to the bus lane or any vehicular access to premises adjacent to the bus lane;
d
a vehicle being in a bus lane to such an extent and for such a time as is needed to comply with any requirement resulting from works or an emergency in any part of the road adjoining the bus lane;
e
a vehicle being used for ambulance, fire brigade or police purposes;
f
a vehicle stopping in a bus lane if it has lawfully entered the bus lane and it has to stop–
i
by law;
ii
to avoid an accident;
iii
in circumstances beyond the drivers control;
g
a vehicle being driven in a bus lane so far as may be necessary–
i
to get to a designated parking place for the purpose of lawfully parking in that place, or
ii
to get from a designated parking place in which the vehicle has been lawfully parked;
h
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Power to Modify or Suspend this Order
5
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interest of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Revocation or variation of existing Orders
6
The provisions of the Lewisham (Prescribed Routes) Traffic Order 1970, are hereby revoked in so far as they relate to any area of the road which is a bus lane to which this order relates.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
3rd September 1998


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Special Parking Area) (Royal Borough of Kingston upon Thames) (Amendment) Order 1998 and shall come into force on 16th March 1998.
Amendment of the Road Traffic (Special Parking Area) (Royal Borough of Kingston upon Thames) Order 1996
2
1
Schedule 2 to the Road Traffic (Special Parking Area) (Royal Borough of Kingston upon Thames) Order 1996 shall be amended as follows.
2
At the end of paragraph 21(b)(iii) there shall be inserted the following paragraph —
;
iv
(service road fronting 250 to 264 Malden Way) between a point opposite the common boundary between 260 and 262 Malden Way to the eastern end of the service road at its junction with South Lane
.
Signed by authority of the Secretary of State
Glenda Jackson
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
9th February 1998


text:
Commencement and citation
1
This Order may be cited as The A205 Trunk Road (Wandsworth and Richmond) Red Route Traffic Order 1998, and shall come into force on 29th June 1998.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column (2) of the table in schedule 1;
f
“vehicle” includes part of a vehicle;
g
an entry in column (3) , (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule;
h
“bus” has the meaning given by regulation 22(2) of the Traffic Signs Regulations and General Directions 1994 ;
i
“bus stop” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stop”; and
j
“bus stand” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stand”.
k
“London Regional Transport” has the meaning given by the London Regional Transport Act 1984 .
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Buses: The controls specified in article 3(1) do not apply in respect of a person causing a bus to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3 (1) and (2) do not apply in respect of a person causing:
a
a bus to stop at a bus stop for as long as may be required to enable passengers to board or alight; or
b
a bus to stop at a bus stop or a bus stand and being used for operational reasons in the course of providing a London bus service (as defined in section 34 of the Transport Act 1985 ) under an agreement with London Regional Transport or training drivers to allow
such a service to be provided.
2
In this article “operational reasons” means:
i
to enable passengers to board and alight;
ii
to enable crew changes to take place;
iii
to maintain the scheduled timetable subject, in the case of a bus
stop, to a maximum wait of two minutes.
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
10
1
Subject to paragraph (2) of this article, the Wandsworth (Waiting & Loading Restriction) Order 1976 and the A205 Trunk Road (Wandsworth and Richmond) Red Route Experimental Order 1996 are hereby revoked, in so far as its provisions relate to any part of the trunk road red route.
2
The revocation specified in paragraph (1) of this article shall take effect in respect of any provision contained in the Wandsworth (Waiting & Loading Restriction) Order 1976 and the A205 Trunk Road (Wandsworth and Richmond) Red Route Experimental Order 1996 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
15th June 1998


text:
Citation, commencement and revocation
1
1
These Regulations may be cited as the Measuring Instruments (EEC Requirements) (Fees) Regulations 1998 and shall come into force on 1st June 1998.
2
The Measuring Instruments ( EC Requirements) (Fees) Regulations 1993 , the Measuring Instruments (EC Requirements) (Fees) (Amendment) Regulations 1995 , the Measuring Instruments (EC Requirements) (Fees) (Amendment) Regulations 1996 and the Measuring Instruments (EC Requirements) (Fees) (Amendment) Regulations 1997 are hereby revoked.
Interpretation
2
1
In these Regulations —
“the 1988 principal Regulations ” means the Measuring Instruments (EEC Requirements) Regulations 1998 ; and
“the 1995 principal Regulations ” means the Non-automatic Weighing Instruments (EEC Requirements) Regulations 1995 .
“approved body”, “approved type”, “EC type-approval certificate”, “EC unit verification”, “instrument” and “sticker” shall have the same meanings as in the 1995 principal Regulations.
2
The services referred to in these Regulations are those services mentioned or referred to in Schedule 1 hereto.
Fees relating to EEC initial verification of certain instruments and systems
3
1
The fees payable in connection with the services provided by the Department of Trade and Industry relating to EEC initial verification pursuant to regulation 13(9) of, and Schedule 3 to, the 1988 principal Regulations shall be determined and payable in accordance with Schedule 2 to these Regulations, whether or not the instrument passes the EEC initial verification.
2
The fees payable in connection with the services provided by the Department of Trade and Industry relating to EEC initial verification pursuant to regulation 7 of the Alcoholometers and Alcohol Hydrometers (EEC Requirements) Regulations 1977 shall be determined and payable in accordance with Schedule 2 to these Regulations, whether or not the instrument passes the EEC initial verification.
Fees relating to EEC pattern approval
4
1
The fees payable in connection with the services provided by the Department of Trade and Industry relating to the grant and extension of EEC pattern approval and modifications or additions to EEC approved patterns pursuant to regulation 8 of, and Schedule 2 to, the 1988 principal Regulations shall be determined and payable in accordance with Schedule 3 to these Regulations, whether or not EEC pattern approval is granted or extended as the case may be.
2
In the case of alcoholometers and alcohol hydrometers and taximeters, in respect of which regulation 8 of, and Schedule 2 to, the 1988 principal Regulations are applied by regulation 5 of the Alcoholometers and Alcohol Hydrometers (EEC Requirements) Regulations 1977 and regulation 6 of the Taximeters (EEC Requirements) Regulations 1979 respectively, the fees shall be determined and payable in accordance with paragraph (1) above.
Fees relating to designation of approved bodies
5
The fees payable in connection with the services provided by the Department of Trade and Industry relating to the designation of approved bodies pursuant to regulation 9 of the 1995 principal Regulations shall be determined and payable in accordance with Schedule 4 to these Regulations, whether the body is designated or not.
Fees relating to the grant of an EC type-approval certificate
6
The fees payable in connection with the services provided by the Department of Trade and Industry in relation to the grant or exension of an EC type-approval certificate and the issue of an addition to an original EC type-approval certificate pursuant to regulation 10 of the 1995 principal Regulations shall be determined and payable in accordance with Schedule 5 to these Regulations, notwithstanding that the Secretary of State may not grant or extend the EC type-approval certificate or issue an addition to the original EC type-approval certificate in accordance with regulations 10(3), (4) and (9) respectively.
Fees relating to EC unit verification
7
The fees payable in connection with the services provided by the Department of Trade and Industry relating to EC unit verification pursuant to regulation 12 of the 1995 principal Regulations shall be determined and payable in accordance with Schedule 6 to these Regulations, notwithstanding that the Secretary of State may refuse to affix her identification number in accordance with regulation 12(5) of the 1995 principal Regulations.
Consolidated Fund
8
All fees received under these Regulations shall be paid into the Consolidated Fund.
Nigel Griffiths
Parliamentary Under-Secretary of State for Competition and Consumer Affairs,
Department of Trade and Industry
2nd May 1998
We consent,
Bob Ainsworth
John McFall
Two of the Lords Commissioners of Her Majesty’s Treasury
7th May 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Amendment (Lone Parents) Regulations 1998 and, subject to paragraph (2) of this regulation, shall come into force on 6th April 1998.
2
To the extent that article 21(8) of the Up-rating Order (applicable amounts for housing benefit) comes into force on 6th April 1998, regulation 9 of these Regulations shall come into force immediately after that article of that Order.
3
In these Regulations —
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations ” means the Income Support (General) Regulations 1987 ;
“the Jobseeker’s Allowance Regulations ” means the Jobseeker’s Allowance Regulations 1996 ;
“the Up-rating Order” means the Social Security Benefits Up-rating Order 1998 .
Revocation
2
The Social Security (Lone Parents) (Amendment) Regulations 1997 are hereby revoked.
Council tax benefit: students who are not excluded from entitlement
3
In regulation 40(3) of the Council Tax Benefit Regulations (students who are not excluded from entitlement to council tax benefit) —
a
after sub-paragraph (a) there shall be inserted the following sub-paragraph —
aa
who is a lone parent;
;
b
in sub-paragraph (b) —
i
after the word “include” there shall be inserted the word “the”;
ii
the words “a family premium under paragraph 3(a) of Schedule 1,” shall be omitted.
Council tax benefit: amendment of provisions relating to family premium
4
Paragraph 3 of Schedule 1 to the Council Tax Benefit Regulations (family premium) shall be renumbered sub-paragraph (1) of paragraph 3 and —
a
in head (a) of the renumbered sub-paragraph (1), for the words “and no premium is applicable under paragraph 9, 10, 11 or 12” there shall be substituted the words “to whom sub-paragraph (2) applies”;
b
after sub-paragraph (1) there shall be inserted the following sub-paragraphs —
2
The amount in sub-paragraph (1)(a) shall be applicable to a lone parent —
a
who was entitled to council tax benefit on 5th April 1998 and whose applicable amount on that date included the amount applicable under sub-paragraph (a) of this paragraph as in force on that date; or
b
on becoming entitled to council tax benefit where that lone parent —
i
had been treated as entitled to that benefit in accordance with sub-paragraph (4) as at the day before the date of claim for that benefit; and
ii
was entitled to housing benefit as at the date of claim for council tax benefit or would have been entitled to housing benefit as at that date had that day not fallen during a rent free period as defined in regulation 70(1) of the Housing Benefit (General) Regulations 1987 (“the Housing Benefit Regulations”),
and in respect of whom, all of the conditions specified in sub-paragraph (3) have continued to apply.
3
The conditions specified for the purposes of sub-paragraph (2) are that, in respect of the period commencing on 6th April 1998 —
a
the claimant has not ceased to be entitled, or has not ceased to be treated as entitled, to council tax benefit;
b
the claimant has not ceased to be a lone parent;
c
where the claimant was entitled to income support or to an income-based jobseeker’s allowance on 5th April 1998, he has continued to be entitled to one or other of those benefits;
d
where the claimant was not entitled to income support or to an income-based jobseeker’s allowance on 5th April 1998, he has not become entitled to either of those benefits; and
e
a premium under paragraph 9, 10, 11 or 12 has not become applicable to the claimant.
4
For the purposes of sub-paragraphs (2)(b)(i) and (3)(a), a claimant shall be treated as entitled to council tax benefit during any period where he was not, or had ceased to be, so entitled and —
a
throughout that period, he had been awarded housing benefit and his applicable amount included the amount applicable under paragraph 3(1)(a) of Schedule 2 to the Housing Benefit Regulations (lone parent rate of family premium); or
b
he would have been awarded housing benefit during that period had that period not been a rent free period as defined in regulation 70(1) of the Housing Benefit Regulations and his applicable amount throughout that period would have included the amount applicable under paragraph 3(1)(a) of Schedule 2 to those Regulations.
.
Council tax benefit: disregard of certain sums in the calculation of a lone parent’s earnings
5
For paragraph 4 of Schedule 3 to the Council Tax Benefit Regulations (disregard of certain sums in the calculation of a lone parent’s earnings) there shall be substituted the following paragraph —
4
In a case where the claimant is a lone parent, £25.
.
Council tax benefit: conditions for an extended payment
6
In paragraph 2(c) of Schedule 5A to the Council Tax Benefit Regulations (conditions for an extended payment of council tax benefit) —
a
after head (i) there shall be inserted the following head —
ia
the claimant was a lone parent; or;
b
in head (ii) —
i
the words “pursuant to paragraph 3(a) (rate of family premium applicable to a lone parent) or,” shall be omitted;
ii
after the word “carers,” there shall be inserted the words “pursuant to paragraph”.
Housing benefit: students who are treated as liable to make payments in respect of a dwelling
7
In regulation 48A(2) of the Housing Benefit Regulations (students who are treated as liable to make payments in respect of a dwelling) —
a
after sub-paragraph (a) there shall be inserted the following sub-paragraph —
aa
who is a lone parent;
;
b
in sub-paragraph (b) —
i
after the word “include” there shall be inserted the word “the”;
ii
the words “a family premium under paragraph 3(a) of Schedule 2,” shall be omitted.
Housing benefit: exclusions from reductions in the amounts of eligible rent relating to students
8
In regulation 51(2) of the Housing Benefit Regulations (exclusions from reductions in the amounts of eligible rent relating to students) —
a
in sub-paragraph (c)(i), the words “a family premium under paragraph 3(a) of Schedule 2 or” shall be omitted;
b
after sub-paragraph (c)(i) there shall be inserted the following head —
ia
he is a lone parent; or.
Housing benefit: amendment of provisions relating to family premium
9
Paragraph 3 of Schedule 2 to the Housing Benefit Regulations (family premium) shall be renumbered sub-paragraph (1) of paragraph 3 and —
a
in head (a) of the renumbered sub-paragraph (1), for the words “and no premium is applicable under paragraph 9, 9A, 10 or 11” there shall be substituted the words “to whom sub-paragraph (2) applies”;
b
after sub-paragraph (1) there shall be inserted the following sub-paragraphs —
2
The amount in sub-paragraph (1)(a) shall be applicable to a lone parent —
a
who was entitled to housing benefit on 5th April 1998 and whose applicable amount on that date included the amount applicable under sub-paragraph (a) of this paragraph as in force on that date; or
b
who was not entitled to housing benefit on 5th April 1998 because that date fell during a rent free period as defined in regulation 70(1) (rent free periods) and his applicable amount on that date would have included the amount applicable under sub-paragraph (a) of this paragraph as in force on that date; or
c
on becoming entitled to housing benefit where that lone parent —
i
had been treated as entitled to that benefit in accordance with sub-paragraph (4)(a) as at the day before the date of claim for that benefit; and
ii
was entitled to council tax benefit as at the date of claim for housing benefit,
and in respect of whom, all of the conditions specified in sub-paragraph (3) have continued to apply.
3
The conditions specified for the purposes of sub-paragraph (2) are that, in respect of the period commencing on 6th April 1998 —
a
the claimant has not ceased to be entitled, or has not ceased to be treated as entitled, to housing benefit;
b
the claimant has not ceased to be a lone parent;
c
where the claimant was entitled to income support or to an income-based jobseeker’s allowance on 5th April 1998, he has continued to be entitled to one or other of those benefits;
d
where the claimant was not entitled to income support or to an income-based jobseeker’s allowance on 5th April 1998, he has not become entitled to either of those benefits; and
e
a premium under paragraph 9, 9A, 10 or 11 has not become applicable to the claimant.
4
For the purposes of sub-paragraphs (2)(c)(i) and (3)(a), a claimant shall be treated as entitled to housing benefit —
a
during any period where he was not, or had ceased to be, so entitled and throughout that period, he had been awarded council tax benefit and his applicable amount included the amount applicable under paragraph 3(1)(a) of Schedule 1 to the Council Tax Benefit (General) Regulations 1992 (lone parent rate of family premium); or
b
during any rent free period as defined for the purposes of regulation 70(1).
.
Housing benefit: disregard of certain sums in the calculation of a lone parent’s earnings
10
For paragraph 4 of Schedule 3 to the Housing Benefit Regulations (disregard of certain sums in the calculation of a lone parent’s earnings) there shall be substituted the following paragraph —
4
In a case where the claimant is a lone parent, £25.
.
Housing benefit: conditions for an extended payment
11
In paragraph 2(c) of Schedule 5A to the Housing Benefit Regulations (conditions for an extended payment of housing benefit) —
a
after head (i) there shall be inserted the following head —
ia
the claimant was a lone parent; or;
b
in head (ii) —
i
the words “pursuant to paragraph 3(a) (rate of family premium applicable to a lone parent) or,” shall be omitted;
ii
after the word “carers,” there shall be inserted the words “pursuant to”.
Income support: amendment of provisions relating to family premium
12
Paragraph 3 of Schedule 2 to the Income Support Regulations (family premium) shall be renumbered sub-paragraph (1) of paragraph 3 and —
a
in head (a) of the renumbered sub-paragraph (1), after the words “lone parent” there shall be inserted the words “to whom the conditions in both sub-paragraphs (2) and (3) apply”;
b
after sub-paragraph (1) there shall be inserted the following sub-paragraphs —
2
The first condition for the purposes of sub-paragraph (1)(a) is that the claimant —
a
was both a lone parent and entitled to income support on 5th April 1998; or
b
does not come within head (a) above but —
i
was both a lone parent and entitled to income support on any day during the period of 12 weeks ending on 5th April 1998;
ii
was both a lone parent and entitled to income support on any day during the period of 12 weeks commencing on 6th April 1998; and
iii
the last day in respect of which (i) above applied was no more than 12 weeks before the first day in respect of which (ii) above applied.
3
The second condition for the purposes of sub-paragraph (1)(a) is that as from the appropriate date specified in sub-paragraph (4), the claimant has continued, subject to sub-paragraph (5), to be both a lone parent and entitled to income support.
4
The appropriate date for the purposes of sub-paragraph (3) is —
a
in a case to which sub-paragraph (2)(a) applies, 6th April 1998;
b
in a case to which sub-paragraph (2)(b) applies, the first day in respect of which sub-paragraph (2)(b)(ii) applied.
5
For the purposes of sub-paragraph (3), where the claimant has ceased, for any period of 12 weeks or less, to be —
a
a lone parent; or
b
entitled to income support; or
c
both a lone parent and entitled to income support,
the claimant shall be treated, on again becoming both a lone parent and entitled to income support, as having continued to be both a lone parent and entitled to income support throughout that period.
6
In determining whether the conditions in sub-paragraphs (2) and (3) apply, entitlement to an income-based jobseeker’s allowance shall be treated as entitlement to income support for the purposes of any requirement that a person is entitled to income support.
.
Income support: disregard of certain sums in the calculation of a lone parent’s earnings
13
For paragraph 5 of Schedule 8 to the Income Support Regulations (disregard of certain sums in the calculation of a lone parent’s earnings) there shall be substituted the following paragraph —
5
In a case where the claimant is a lone parent and paragraph 4 does not apply, £15.
.
Jobseeker’s allowance: amendment of provisions relating to family premium
14
Paragraph 4 of Schedule 1 to the Jobseeker’s Allowance Regulations (family premium) shall be renumbered sub-paragraph (1) of paragraph 4 and —
a
in head (a) of the renumbered sub-paragraph (1) —
i
after the words “lone parent” there shall be inserted the words “to whom the conditions in both sub-paragraphs (2) and (3) apply”;
ii
the word “11,” shall be omitted;
b
after sub-paragraph (1) there shall be inserted the following sub-paragraphs —
2
The first condition for the purposes of sub-paragraph (1)(a) is that the claimant —
a
was both a lone parent and entitled to an income-based jobseeker’s allowance on 5th April 1998; or
b
does not come within head (a) above but —
i
was both a lone parent and entitled to an income-based jobseeker’s allowance on any day during the period of 12 weeks ending on 5th April 1998;
ii
was both a lone parent and entitled to an income-based jobseeker’s allowance on any day during the period of 12 weeks commencing on 6th April 1998; and
iii
the last day in respect of which (i) above applied was no more than 12 weeks before the first day in respect of which (ii) above applied.
3
The second condition for the purposes of sub-paragraph (1)(a) is that as from the appropriate date specified in sub-paragraph (4), the claimant has continued, subject to sub-paragraph (5), to be both a lone parent and entitled to an income-based jobseeker’s allowance.
4
The appropriate date for the purposes of sub-paragraph (3) is —
a
in a case to which sub-paragraph (2)(a) applies, 6th April 1998;
b
in a case to which sub-paragraph (2)(b) applies, the first day in respect of which sub-paragraph 2(b)(ii) applied.
5
For the purposes of sub-paragraph (3), where the claimant has ceased, for any period of 12 weeks or less, to be —
a
a lone parent; or
b
entitled to an income-based jobseeker’s allowance; or
c
both a lone parent and entitled to an income-based jobseeker’s allowance,
the claimant shall be treated, on again becoming both a lone parent and entitled to an income-based jobseeker’s allowance, as having continued to be both a lone parent and entitled to an income-based jobseeker’s allowance throughout that period.
6
In determining whether the conditions in sub-paragraphs (2) and (3) apply, entitlement to income support shall be treated as entitlement to an income-based jobseeker’s allowance for the purposes of any requirement that a person is entitled to an income-based jobseeker’s allowance.
.
Jobseeker’s allowance: disregard of certain sums in the calculation of a lone parent’s earnings
15
For paragraph 6 of Schedule 6 to the Jobseeker’s Allowance Regulations (disregard of certain sums in the calculation of a lone parent’s earnings) there shall be substituted the following paragraph —
6
In a case where the claimant is a lone parent and paragraph 5 does not apply, £15.
.
Signed by authority of the Secretary of State for Social Security.
Keith Bradley
Parliamentary Under-Secretary of State,
Department of Social Security
16th March 1998


text:
Citation and commencement
1
1
This Order may be cited as the Occupational Pensions (Revaluation) Order 1998.
2
This Order shall come into force on 1st January 1999.
The revaluation percentage for each revaluation period
2
For the purposes of paragraph 2(1) of Schedule 3 to the Pension Schemes Act 1993, the revaluation percentage for each revaluation period specified in column 1 below is the percentage specified in column 2 in relation to that period.
Column 1 Column 2 Revaluation period Revaluation percentage
1st January 1986–31st December 1998 72.4% 1st January 1987–31st December 1998 67.3% 1st January 1988–31st December 1998 60.5% 1st January 1989–31st December 1998 51.9% 1st January 1990–31st December 1998 41.1% 1st January 1991–31st December 1998 27.3% 1st January 1992–31st December 1998 22.2% 1st January 1993–31st December 1998 18.0% 1st January 1994–31st December 1998 15.9% 1st January 1995–31st December 1998 13.4% 1st January 1996–31st December 1998 9.2% 1st January 1997–31st December 1998 6.9% 1st January 1998–31st December 1998 3.2%
Signed by authority of the Secretary of State for Social Security.
John Y. Denham
Minister of State,
Department of Social Security
25th November 1998


text:
1
1
This Order may be cited as the Crime and Disorder Act 1998 (Commencement No. 3 and Appointed Day) Order 1998.
2
In this Order, “the 1998 Act ” means the Crime and Disorder Act 1998.
2
The following provisions of the 1998 Act shall come into force on 1st January 1999:
a
section 103 (recall to prison of short-term prisoners);
b
paragraphs 83 and 88 of Schedule 8, to the extent that they are not already in force;
c
paragraph 12 of Schedule 9, to the extent that it is not already in force;
d
the entries in Schedule 10 relating to sections 37 (to the extent that that entry is not already in force), 38 and 45 of the Criminal Justice Act 1991 .
3
Section 99 and, to the extent that it is not already in force, section 100 (power to release short-term prisoners on licence including curfew condition) of, and paragraph 10 of Schedule 9 to, the 1998 Act shall come into force on 28th January 1999.
4
Sections 25 and 27 and, to the extent that it is not already in force, section 26 (power to require removal of masks etc. ; power of arrest for failure to comply with requirement; retention and disposal of things seized) of the 1998 Act shall come into force on 1st March 1999.
5
The following provisions of the 1998 Act shall come into force on 1st April 1999:
a
section 1 (anti-social behaviour orders);
b
section 4 (appeals against orders), to the extent that it is not already in force;
c
section 19 (anti-social behaviour orders) in Scotland;
d
sections 21 and 22 (procedural provisions and offences in connection with orders in Scotland), to the extent that they are not already in force;
e
section 71(4) (residential requirements of supervision orders).
6
Sections 80 and 81 (sentencing guidelines and Sentencing Advisory Panel) of, and paragraph 7 of Schedule 9 to, the 1998 Act shall come into force on 1st July 1999.
7
1st April 1999 is appointed for the purposes of section 6 of the 1998 Act.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
21st December 1998


text:
Title and commencement
1
This Order may be cited as the Welfare of Animals (Staging Points) Order 1998 and shall come into force on–
a
6th November 1998 in the case of article 3, and
b
1st January 1999 in the case of all the other articles.
Interpretation
2
Any expression which is used in this Order and Council Regulation ( EC ) No. 1255/97 (concerning Community criteria for staging points and amending the route plan referred to in the Annex to Directive 91/628/ EEC ), shall have, insofar as the context admits, the same meaning in this Order as in that Regulation.
Approval of staging points
3
1
The appropriate Minister shall be the competent authority for the purposes of Articles 3.1, 3.3, 3.4 and 4.2 of Council Regulation (EC) No. 1255/97 .
2
An approval of a staging point for the purposes of Council Regulation (EC) No. 1255/97 , and any suspension, withdrawal or restoration of such an approval, shall be by notice.
Powers of a veterinary inspector
4
1
Where a notice has been served suspending or withdrawing an approval relating to a staging point and there are animals resting at the staging point, a veterinary inspector may serve a notice on the person appearing to him to be running the staging point requiring him to take any action which the veterinary inspector reasonably considers is necessary to protect the welfare of the animals at the staging point.
2
Without prejudice to the generality of paragraph (1) above, a veterinary inspector may in particular–
a
require all or some of the animals at the staging point to be removed from the staging point, or
b
specify conditions under which animals may remain at the staging point for the remainder of their rest period.
3
If any person fails to comply with the requirements of a notice served under this article, a veterinary inspector shall have the power to carry out those requirements himself, or cause them to be carried out, and the owner and any person running the staging point shall be jointly and severally liable for the cost of such action.
Offences
5
It shall be an offence against the Animal Health Act 1981 for an owner or any person running a staging point, or, in the case of paragraph (g) below, any person–
a
to operate a staging point in contravention of Article 1.2 of Council Regulation (EC) No. 1255/97 (requiring staging points to comply with the Community criteria for staging points);
b
to use a staging point, other than a staging point approved under Article 4.2 of Council Regulation (EC) No. 1255/97 , in contravention of Article 4.1 of Council Regulation (EC) No. 1255/97 (providing for the exclusive use of staging points for the accommodation of animals passing through them);
c
to use a staging point approved under Article 4.2 of Council Regulation (EC) No. 1255/97 (relating to the approval of assembly centres as staging points) in contravention of paragraphs (a) to (c) of that Article;
d
to contravene Article 4.3 of Council Regulation (EC) No. 1255/97 (relating to the health status of animals present at staging points);
e
to contravene Article 5 of Council Regulation (EC) No. 1255/97 (relating to the operation of staging points);
f
to permit the removal of any animal in contravention of Article 6.1 of Council Regulation (EC) No. 1255/97 (requiring an official veterinarian or veterinarian designated by the competent authority to confirm on the route plan that the animal is fit to travel);
g
to contravene or fail to comply with a notice served on him by a veterinary inspector under article 4(1) of this Order; or
h
to cause or permit any of the above.
Offences by bodies corporate and Scottish partnerships
6
1
Where a body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to, any neglect on the part of–
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
he, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1) above, “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
3
Where a Scottish partnership is guilty of an offence under this Order in respect of an act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner in the partnership, he, as well as the partnership, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Enforcement
7
1
This Order, except where otherwise provided, shall be enforced by the local authority.
2
The appropriate Minister may direct, in relation to cases of a particular description or a particular case, that this Order shall be enforced by him and not by the local authority.
Amendment of the Welfare of Animals (Transport) Order 1997
8
The Welfare of Animals (Transport) Order 1997 shall be amended by inserting the following paragraph after paragraph 4 in Part I of Schedule 7 —
4A
Unless it is taken at the place of destination, the 24 hour rest referred to in paragraph 4 above shall be taken at a staging point approved under Council Regulation (EC) No. 1255/97 .
.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
8th October 1998
Sewel
Parliamentary Under-Secretary of State, Scottish Office
7th October 1998
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under-Secretary of State, Welsh Office
13th October 1998


text:
Citation and commencement
1
This Order may be cited as the South Tyneside 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 South Tyneside 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 South Tyneside 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
The Forum may at any time appoint–
a
up to 3 additional members from persons appearing to them to represent the interests of business in the area served by the zone schools;
b
up to 3 additional members from persons appearing to them to represent the interests of the Council of the Metropolitan Borough of South Tyneside;
c
one additional member from persons appearing to them to represent the interests of institutions within the further or higher education sector (within the meaning of, respectively, Section 91(3) and (5) of the Further and Higher Education Act 1992 );
d
one additional member from persons appearing to them to represent the interests of voluntary, community and charitable sectors in the area served by the zone schools;
e
one additional member from persons appearing to them to represent the health sector in the area served by the zone schools;
f
one additional member from persons appearing to them to represent the interests of trade unions with membership from staff at the zone schools;
g
one additional member from persons appearing to them to represent the interests of Tyneside Careers Partnership;
h
one additional member from persons appearing to them to represent the interests of Business in the Community;
i
one additional member from persons appearing to them to represent the interests of parents of zone schools;
j
one additional member from persons appearing to them to represent the interests of the Durham Diocesan Board of Education;
k
one additional member from persons appearing to them to represent the interests of Hexham and Newcastle Board of Education; and
l
up to 4 additional members appearing to them to be able to further the objects of the zone.
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
This Order may be cited as the Education (Grammar School Designation) Order 1998 and shall come into force on 1st October 1998.
Designation of grammar schools
2
The schools specified in the Schedule to this Order (which are maintained by the local education authorities specified in the left hand column of that Schedule or, in the case of grant-maintained schools within the meaning of the Education Act 1996 , situated in the areas of those authorities) are designated as grammar schools for the purposes of Chapter II of Part III of the School Standards and Framework Act 1998.