text:
Citation and Commencement
1
These Regulations may be cited as the Civil Aviation (Canadian Navigation Services) Regulations 1998 and shall come into force on 1st November 1998.
Interpretation
2
1
In these Regulations–
“authorised person” means any constable or any person authorised by the CAA (whether by name or by class or description) either generally or in relation to a particular case or class of cases;
“Corporation” means NAV CANADA, a corporation incorporated in Canada on 26th May 1995 for purposes including the provision of air navigation services in Canada;
“international flight” means a flight to or from a place outside Canada;
“specified airspace” means the airspace of Canada and all airspace for which the Government of Canada has undertaken in pursuit of international arrangements the provision of air navigation services other than airspace within the Gander Oceanic Flight Information Region.
2
The expression “maximum total weight authorised” shall have the same meaning as in the Air Navigation ( No. 2) Order 1995 .
Revocation
3
The Regulations specified in Schedule 1 hereto are hereby revoked.
Charges for services provided by the Corporation
4
1
The operator of an aircraft, wherever registered, shall pay to the CAA charges in respect of air navigation services made available by the Corporation or a person acting under the authority of the Canadian Minister of National Defence as follows–
a
in respect of each flight in the course of which the aircraft makes use of such services within the Gander Oceanic Flight Information Region other than a flight described in sub-paragraph (c) of this paragraph, a charge of $83.81 Canadian;
b
in respect of each international flight other than a flight between Canada and the United States of America other than Hawaii in the course of which the aircraft makes use of radio frequencies to obtain such services by way of telecommunication services other than a flight described in sub-paragraph (c) of this paragraph, a charge of $50.61 Canadian;
c
in respect of each flight from or to an airport in Canada situated north of N6000 to or from an airport in Greenland in the course of which the aircraft makes use of one or more of the services described in sub-paragraphs (a) and (b) of this paragraph, a charge of 40 per cent of the charge specified in those sub-paragraphs for each of the services used;
d
subject to sub-paragraph (f) of this paragraph, in respect of each flight which crosses specified airspace without landing or taking off in Canada in the course of which the aircraft makes use of such services, a charge of $0.03263 Canadian multiplied by the flight distance in kilometres in the great circle distance between the point of entry into and the point of exit from the specified airspace as those points are determined from the flight plan communicated to the appropriate air traffic control unit in relation to each flight multiplied by the square root of the maximum total weight authorised of the aircraft in metric tonnes;
e
sub-paragraphs (a) to (d) of this paragraph shall not apply to a flight by an aircraft in the service of a State which is not made for commercial purposes; and
f
sub-paragraph (d) of this paragraph shall not apply to a flight by an aircraft the maximum total weight authorised of which is 8 metric tonnes or less between any two points both of which are in the United States of America.
2
The charges specified in sub-paragraphs (a) to (d) of paragraph (1) of this regulation shall be cumulative and shall apply whether or not in the course of the flight the aircraft flies within the United Kingdom or Canada.
3
If the amount of the charge payable under regulation 4(1) is not paid by the operator of the aircraft within 30 days of the date on which an invoice for the charge is issued, interest calculated in accordance with paragraph (4) below on the unpaid amount shall be paid from that day until the date when payment is made.
4
Interest payable under paragraph (3) shall be simple interest calculated from day to day at the rate of 18.00 per cent.
Dispensations
5
The CAA may dispense wholly or in part with any charge payable by virtue of these Regulations if it determines that it is proper to do so having regard to all the circumstances of the case.
Detention and sale of aircraft for unpaid charges
6
Where default is made in the payment of charges incurred in respect of any aircraft under these Regulations, the CAA or an authorised person may, subject to the provisions of this and the following regulations take such steps as are necessary to detain, pending payment, either:
a
the aircraft in respect of which the charges were incurred (whether or not they were incurred by the person who is the operator of the aircraft at the time when the detention begins); or
b
any other aircraft of which the person in default is the operator at the time when the detention begins;
and if the charges are not paid within 56 days of the date when the detention begins, the CAA may, subject to the following regulations, sell the aircraft in order to satisfy the charges.
7
The CAA or authorised person concerned shall not detain, or continue to detain an aircraft under these Regulations by reason of any alleged default in the payment of charges payable under these Regulations if the operator of the aircraft or any other person claiming an interest therein:
a
disputes that the charges, or any of them, are due or, if the aircraft is detained under regulation 6(a) of these Regulations, that the charges in question were incurred in respect of that aircraft; and
b
gives to the CAA, pending the determination of the dispute, sufficient security for the payment of the charges which are alleged to be due.
8
The CAA shall not sell an aircraft under these Regulations without the leave of the court; and the court shall not give leave except on proof that a sum is due to the CAA for charges under these Regulations, that default has been made in the payment thereof and that the aircraft which the CAA seeks leave to sell is liable to sale under these Regulations by reason of the default.
9
The CAA shall, before applying to the court for leave to sell an aircraft under these Regulations, take such steps for bringing the proposed application to the notice of interested persons and for affording them an opportunity of becoming a party to the proceedings as are set forth in Schedule 2 to these Regulations. If such leave is given, the CAA shall secure that the aircraft is sold for the best price that can be reasonably obtained; but failure to comply with any requirement of this regulation or of the said Schedule in respect of any sale, while actionable as against the CAA at the suit of any person suffering loss in consequence thereof, shall not, after the sale has taken place, be a ground for impugning its validity.
10
The proceeds of any sale under these Regulations shall be applied as follows, and in the following order, that is to say:
a
in payment of any customs duty which is due in consequence of the aircraft having been brought into the United Kingdom;
b
in payment of the expenses incurred by the CAA in detaining, keeping and selling the aircraft, including its expenses in connection with the application to the court;
c
in payment of the charges in respect of any aircraft which the court has found to be due from the operator by virtue of these or any other Regulations under section 73 of the Civil Aviation Act 1982 ;
d
in payment of any airport charges incurred in respect of the aircraft which are due from the operator of the aircraft to the person owning or managing the aerodrome at which the aircraft was detained under these Regulations;
and the surplus, if any, shall be paid to or among the person or persons whose interests in the aircraft have been divested by reason of the sale.
11
The power of detention and sale conferred by these Regulations in respect of an aircraft extends to the equipment of the aircraft and any stores for use in connection with its operation (being equipment and stores carried in the aircraft) whether or not the property of the person who is its operator, and references to the aircraft in regulations 7 to 10 of these Regulations include, except where the context otherwise requires, references to any such equipment and stores.
12
The power of detention conferred by these Regulations in respect of an aircraft extends to any aircraft documents carried in it, and any such documents may, if the aircraft is sold under these Regulations, be transferred by the CAA to the purchaser.
13
The power conferred by these Regulations to detain an aircraft may be exercised on any occasion when the aircraft is on an aerodrome to which section 88 of the Civil Aviation Act 1982 applies or at Belfast International Airport, Belfast City Airport or Londonderry (Eglington) Airport.
14
Nothing in these Regulations shall prejudice any right of the CAA to recover any charges, or any part thereof, by action.
Disposal by the CAA of charges received under these Regulations
15
The CAA shall remit to the Corporation in respect of air navigation services made available by the Corporation or a person acting under the authority of the Canadian Minister of National Defence such sums as it may receive under these Regulations.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Glenda Jackson
Parliamentary Under Secretary of State
Department of the Environment, Transport and the Regions
14th October 1998
We consent to the making of these Regulations.
Bob Ainsworth
David Jamieson
Two of the Lords Commissioners of Her Majesty’s Treasury
19th October 1998


type: legislation

jurisdiction: UK

text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (School Performance Targets) (England) Regulations 1998, and shall come into force on 1st September 1998.
2
These Regulations apply only in relation to schools in England.
Interpretation
2
1
In these Regulations —
“the 1996 Act ” means the Education Act 1996 ;
“the 1997 Act ” means the Education Act 1997;
“designated school” means a school to which —
regulation 3 applies, and
there are normally admitted pupils who are in the final year of the second key stage;
“ GCSE ” means General Certificate of Secondary Education;
“ GNVQ ” means a General National Vocational Qualification;
“level 4” means level 4 of the National Curriculum level scale as determined by the results of NC tests;
“NC tests” means National Curriculum tests administered to second key stage pupils for the purpose of assessing the level of attainment which they have achieved in English or mathematics, being tests laid down in provisions made by the Secretary of State under the appropriate order made under section 356(2) of the 1996 Act in force when those tests are administered ;
“performance targets”, in relation to a school, means the targets which a governing body are required to set by virtue of regulation 3 or 4 (or both);
“pupils' attainment results” has the meaning specified in regulation 6(5);
“relevant school year” means the school year in relation to which a school’s annual report is published;
“school” means a maintained school within the meaning of section 19(3) of the 1997 Act;
“school’s annual report”, in relation to a school, means the report to parents which the governing body are required to prepare and publish for every school year by virtue of the school’s Articles of Government;
“second key stage pupils” means pupils who are in the second key stage referred to in section 355(1)(b) of the 1996 Act;
“vocational qualification” means —
a Part One GNVQ,
an Intermediate GNVQ,
a Foundation GNVQ, or
a GNVQ Language Unit,
awarded by —
the EDEXCEL Foundation,
the City and Guilds of London Institute,
the Royal Society of Arts Examination Board,
the Assessment and Qualifications Alliance, or
Oxford, Cambridge and RSA Examinations,
and approved by the Secretary of State under section 400 of the 1996 Act or section 37 of the 1997 Act.
2
Any reference in these regulations to —
a
a pupil achieving or being awarded a grade in a GCSE examination, or
b
being awarded a vocational qualification,
by the end of any school year, shall be construed for the purposes of these Regulations as a reference to that pupil achieving or being awarded that grade or qualification in the school year in which he —
i
takes that examination, or
ii
(as the case may be) completes the course leading to the award of that qualification,
and irrespective of whether the decision to award the grade or qualification is made in a later school year.
Targets for pupils in the second key stage
3
1
This regulation applies to every school where education is provided which is suitable to the requirements of pupils in the final year of the second key stage.
2
Subject to paragraph (5), the governing body of a school to which this regulation applies shall, by no later than 31st December in every school year, set the targets specified in paragraph (3) in connection with the performance of the relevant group of second key stage pupils in NC tests to be administered at or near the end of the following school year.
3
The targets referred to in paragraph (2) are —
a
the percentage of the relevant group of second key stage pupils to achieve level 4 or above in such tests in English; and
b
the percentage of the relevant group of second key stage pupils to achieve level 4 or above in such tests in mathematics.
4
In this regulation “the relevant group of second key stage pupils”, in relation to —
a
a school, and
b
any school year during which the governing body have a duty to set the targets specified in paragraph (3),
means all persons who, in the following school year, the governing body anticipate will be —
i
registered pupils, and
ii
in the final year of the second key stage.
5
In relation to a designated school, paragraphs (2) and (4) shall have effect with the following modifications —
a
paragraph (2) shall have effect as if —
i
for “by no later than 31st December in every school year” there were substituted “as soon after the beginning of every school year (other than the 1998–99 school year) as is reasonably practical”, and
ii
for “the following school year” there were substituted “that school year”; and
b
paragraph (4) shall have effect as if for “, in the following school year, the governing body anticipate will be”, there were substituted “are”.
Targets for pupils aged 15
4
1
This regulation applies to every school where education is provided which is suitable to the requirements of pupils who have attained the age of 15.
2
The governing body of a school to which this regulation applies shall, by no later than 31st December in every school year, set the targets specified in paragraph (3) in connection with the performance of the relevant group of pupils aged 15 in GCSE examinations or vocational qualifications.
3
The targets referred to in paragraph (2) are —
a
the percentage of the relevant group of pupils aged 15 to achieve, by the end of the following school year, grades A* to C in five or more subjects in GCSE examinations;
b
the percentage of the relevant group of pupils aged 15 to achieve, by the end of the following school year, grades A* to G in one or more subjects in GCSE examinations; and
c
the average point score for the school to be achieved by the relevant group of pupils aged 15 by the end of the following school year in GCSE and vocational qualifications.
4
In paragraph (3)(a) and (b), references to pupils achieving particular grades in GCSE examinations shall be construed for the purposes of those provisions so as to include references to pupils achieving corresponding awards in an equivalent number of vocational qualifications.
5
Schedule 1 shall have effect for determining for the purposes only of this regulation and regulation 6 —
a
questions as to —
i
which vocational qualification award corresponds to which GCSE examination grade, and
ii
the equivalency between GCSE examination results and vocational qualifications; and
b
the calculation of the average point score for the school in relation to pupils' achievements in GCSE examinations and vocational qualifications.
6
In this regulation, “the relevant group of pupils aged 15”, in relation to —
a
a school, and
b
any school year during which the governing body have a duty to set the targets specified in paragraph (3),
means all persons who, in the following school year, the governing body anticipate —
i
will be registered pupils at the school on the third Thursday in January, and
ii
will have attained the age of 15 during the period of twelve months ending on the 31st August immediately preceding that day.
Prohibition of revision of performance targets
5
A performance target may not be modified after it has been set.
Publication of performance information
6
1
Subject to paragraphs (2) to (4), the governing body of every school to which regulation 3 or 4 applies shall publish in the school’s annual report for every school year after the 1997–98 school year the information about —
a
performance targets, and
b
pupils' attainment results,
specified in Schedule 2.
2
In relation to a school to which regulation 3 applies, paragraph (1) shall not require —
a
the publication of information about performance targets in relation to any school year where, at the time when the governing body’s duty to set such targets for that year arose, the relevant group of second key stage pupils (as defined in regulation 3) consisted of ten or fewer persons; or
b
the publication of any information about pupils' attainment results in relation to any school year where the total number of persons who, in that year, were —
i
registered pupils, and
ii
at or near the end of final year of the second key stage,
did not exceed ten.
3
In relation to a school to which regulation 4 applies, paragraph (1) shall not require —
a
the publication of information about performance targets in relation to any school year where, at the time when the governing body’s duty to set such targets for that year arose, the relevant group of pupils aged 15 (as defined in regulation 4) consisted of ten or fewer persons; or
b
the publication of any information about pupils' attainment results in relation to any school year in which the total number of pupils aged 15 did not exceed ten.
4
In relation to a designated school, paragraph (1) shall have effect as if for “the 1997–98 school year” there were substituted “the 1998–99 school year”.
5
In these Regulations “pupils' attainment results”, in relation to any school year, means —
a
in relation to a school to which regulation 3 applies —
i
the percentage of registered pupils at or near the end of the final year of the second key stage who achieved level 4 or above in NC tests in English; and
ii
the percentage of registered pupils at or near the end of the final year of the second key stage who achieved level 4 or above in NC tests in mathematics; and
b
in relation to a school to which regulation 4 applies —
i
the percentage of pupils aged 15 who achieved grades A* to C in five or more subjects in GCSE examinations by the end of that year;
ii
the percentage of pupils aged 15 who achieved grades A* to G in one or more subjects in GCSE examinations by the end of that year; and
iii
the average point score for the school achieved by pupils aged 15 in GCSE examinations or vocational qualifications by the end of that year.
6
In paragraph (5)(b)(i) and (ii), references to pupils achieving particular grades in GCSE examinations shall be construed for the purposes of those provisions so as to include references to pupils achieving corresponding awards in an equivalent number of vocational qualifications.
7
Paragraph (5) of regulation 4 applies for the purposes of this regulation as it applies for the purposes of regulation 4.
8
In paragraphs (3)(b) and (5)(b), “pupils aged 15” in relation to a school and any school year, means persons who —
a
are registered pupils on the third Thursday in January, and
b
attained the age of 15 during the period of twelve months ending on the 31st August immediately preceding that day.


text:
Citation and commencement
1
These Regulations may be cited as the St Mary’s Music School (Aided Places) Amendment Regulations 1998 and shall come into force on 1st August 1998.
Amendment of St Mary’s Music School (Aided Places) Regulations 1995
2
Schedule 1 to the St Mary’s Music School (Aided Places) Regulations 1995 is amended as follows:–
a
in sub-paragraphs (3) and (5) of paragraph 10 (references to income) for the sum of “£1,230” in the three places where it occurs substitute “£1,265”;
b
in paragraph 13 (remission of fees -boarding pupils)–
i
in sub-paragraph (2) for the sum of “£8,723” substitute “£8,963”; and
ii
in sub-paragraph (3) for the Table substitute–
TABLE
(1) (2) (3) Part of relevant income to which the specified percentage applies Only aided pupil Each of two aided pupils
That part which exceeds £8,814 but does not exceed £11,126 10% 7.5% That part which exceeds £11,126 but does not exceed £15,634 20% 15% That part in excess of £15,634 12.5% 7.5%
;
c
in paragraph 14 (remission of fees -day pupils) for the sums of “£10,972” and “£10,823” substitute “£11,275” and “£11,126” respectively;
d
in paragraph 18 (clothing grants)–
i
in sub-paragraph (3)–
aa
for the sum of “£11,355” substitute “£11,673”; and
bb
for heads (a) to (d) substitute–
a
£179, where the relevant income does not exceed £10,248;
b
£134, where that income exceeds £10,248 but does not exceed £10,725;
c
£87, where that income exceeds £10,725 but does not exceed £11,186;
d
£45, where that income exceeds £11,186 but does not exceed £11,673:
;
ii
in sub-paragraph (4)–
aa
for the sum of “£10,881” substitute “£11,186”; and
bb
for heads (a) and (b) substitute–
a
£67, where the relevant income does not exceed £10,414;
b
£35, where that income exceeds £10,414 but does not exceed £11,186.
;
e
in sub-paragraph (1) of paragraph 24 (amount of school travel grants) for the sums of “£10,148” and “£9,969” substitute “£10,427” and “£10,248” respectively.
Brian Wilson
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
11th June 1998


text:
Citation and commencement
1
This Order may be cited as the Northallerton Health Services National Health Service Trust (Establishment) Amendment Order 1998 and shall come into force on 2nd March 1998.
Amendment of Establishment Order
2
For Article 3 of the Northallerton Health Services National Health Service Trust (Establishment) Order 1991 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 pursuant to section 5(1)(a) of the Act Friarage Hospital, Northallerton, North Yorkshire DL6 1JG and associated hospitals, and there to provide hospital accommodation and services;
b
to manage pursuant to section 5(1)(a) of the Act community health services provided from Friarage Hospital, Northallerton, North Yorkshire DL6 1JG and to own the associated premises;
c
to provide and manage pursuant to section 5(1)(b) of the Act The Friary, Victoria Road, Richmond, North Yorkshire DL10 4DW and The Friary Lodge, 4 Victoria Road, Richmond, North Yorkshire DL10 4DW and there to provide hospital accommodation and services; and
d
to manage pursant to section 5(1)(b) of the Act community health services provided from The Friary, Victoria Road, Richmond, North Yorkshire DL10 4DW and The Friary Lodge, 4 Victoria Road, Richmond, North Yorkshire DL10 4DW.
.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State
Department of Health
18th February 1998


text:
Citation and commencement
1
These Regulations may be cited as the NCIS (Discipline) (Senior Police Members) Regulations 1998 and shall come into force on 1st April 1998.
Regulations applicable only to senior police members of NCIS
2
These Regulations shall not apply except in relation to an offence committed, or alleged to have been committed, by the Director General of NCIS and persons appointed under section 9(2)(a) of the Police Act 1997 (hereinafter referred to as a “senior police member”).
Interpretation
3
1
In these Regulations, unless the context otherwise requires —
“the 1984 Act ” means the Police and Criminal Evidence Act 1984 ;
“the 1997 Act ” means the Police Act 1997;
“the appropriate authority” means the NCIS Service Authority established under section 1 of the 1997 Act;
“ the Authority ” means the Police Complaints Authority established under section 83(1) of the Police and Criminal Evidence Act 1984;
“the Director General” means the person appointed under section 6 of the 1997 Act;
“investigating officer” means an officer appointed under regulation 4 of the NCIS (Complaints) Regulations 1998 (hereinafter referred to as “the Complaints Regulations”), or under regulation 5(3), to investigate a complaint or other matter relating to the conduct of a senior police member;
“offence” or “disciplinary offence” means an offence set out in the discipline code;
“police officer” means a police member of NCIS, NCS or a member of a police force;
“police purposes” means the purposes of NCIS, NCS or a police force;
“police property” means the property of NCIS, NCS or a police force;
“representative” means, in relation to disciplinary proceedings against a senior police member, counsel, a solicitor, a police member of NCIS, a police member of the National Crime Squad, or a member of a police force selected by the senior police member for the purpose of those proceedings;
“NCIS” means the National Criminal Intelligence Service established under section 2 of the 1997 Act;
“NCIS appeals tribunal” means a tribunal constituted in accordance with an order made under section 38 of the 1997 Act;
“NCS” means the National Crime Squad established under section 48 of the 1997 Act;
“police force” means a police force maintained under section 2 of the Police Act 1996 and “member of a police force” shall be construed accordingly;
“senior police member” has the meaning given in regulation 2;
“service fund” means the fund maintained by the NCIS Service Authority under section 16 of the 1997 Act; and
“tribunal” means such a tribunal as is mentioned in regulation 12;
2
In these regulations, unless the context otherwise requires, any reference to a regulation shall be construed as a reference to a regulation in these Regulations and any reference in a regulation to a paragraph shall be construed as a reference to a paragraph of that regulation.
Disciplinary offences
4
A senior police member commits an offence against discipline if he commits an offence set out in the discipline code.
Investigating officers
5
1
Where a report, allegation or complaint is received from which it appears that an offence may have been committed by a senior police member, the following provisions of this regulation shall have effect for the purpose of investigating the matter.
2
The provisions of paragraphs (3) and (4) shall have effect —
a
in relation to cases arising otherwise from a complaint to which regulation 7 of the Complaints Regulations applies; and
b
in cases arising from such a complaint when the requirements of the said regulation are dispensed with by or under regulations made thereunder.
3
Unless the appropriate authority decides that no disciplinary proceedings need to be taken, the matter shall be referred to an investigating officer who shall cause it to be investigated.
4
The investigating officer shall be a member of a police force and of at least the rank of the senior police member under investigation.
5
The provisions of this regulation are without prejudice to the powers of the Authority under regulation 7 of the Complaints Regulations (which provide for approval by the Authority of investigating officers) where an investigation is to be supervised by the Authority.
Initial personal explanation
6
The investigating officer shall, as soon as is practicable (without prejudicing his or any other investigation of the matter), in writing inform the senior police member under investigation of the report, allegation or complaint and give him a written notice —
a
informing him that he is not obliged to say anything concerning the matter, but that he may, if he so desires, make a written or oral statement concerning the matter to the investigating officer or to the appropriate authority, and
b
warning him that if he makes such a statement it may be used in any subsequent disciplinary proceedings.
Personal explanation following investigation
7
1
Where, following the investigation of a report, allegation or complaint, it appears that a senior police member may have committed an offence, the appropriate authority shall consider whether disciplinary proceedings need be taken.
2
Unless the appropriate authority decide that no disciplinary proceedings need be taken, the appropriate authority shall inform the senior police member in writing of the report, allegation or complaint and give him a written notice —
a
asking him whether or not he admits that he has committed an offence;
b
informing him that he is not obliged to say anything concerning the matter but that he may, if he so desires, make a written or oral statement concerning the matter to the authority; and
c
containing such a warning as is mentioned in regulation 6(b).
3
If the appropriate authority decide that no disciplinary proceedings need be taken, they shall so inform the senior police member in writing forthwith.
Punishment without hearing charges
8
1
If the senior police member admits that he has committed an offence, the appropriate authority may impose a punishment in accordance with regulation 20 without the case being dealt with in accordance with regulations 9 to 19.
2
Notwithstanding that the senior police member admits that he has committed an offence, the appropriate authority may, after considering the report of the investigation, deal with the matter according to the appropriate authority’s discretion if they are satisfied that it does not justify the imposition of any punishment under these Regulations.
Formulation of charges
9
1
This regulation shall apply where the senior police member —
a
admits that he has committed an offence but the appropriate authority do not proceed as mentioned in regulation 8(1) or (2); or
b
does not admit that he has committed an offence by the appropriate authority, after taking into account any statement he may have made under regulation 7, are not satisfied that he has not committed an offence.
2
Subject to paragraph (5), where this regulation applies the appropriate authority shall —
a
instruct an independent solicitor to draw up, and enter on a discipline form, the offence with which the senior police member is to be charged together with such particulars as will leave him in no doubt as to the precise offence alleged; and
b
cause the senior police member to be charged with that offence by being served with a copy of the discipline form.
3
The reference in paragraph (2) to an independent solicitor is a reference to a solicitor who is not a member, officer or servant of the appropriate authority or of any police authority which appoints any member of the appropriate authority.
4
A discipline form shall be in the form set out in Schedule 2 hereto or in a form to the like effect.
5
Notwithstanding that a case is one to which paragraph (1)(b) applies, if, after considering the report of the investigation, the appropriate authority is satisfied that the offence in question, even if proved, would not justify the imposition of any punishment under these Regulations, the steps mentioned in paragraph (2) need not be taken and the matter may be dealt with according to the appropriate authority’s discretion.
Withdrawal of charges
10
At any time before the beginning of the hearing of a charge, the appropriate authority may direct that the charge be withdrawn; and, where it so directs, it shall as soon as possible, cause —
a
its direction to be noted in the discipline form, and
b
the senior police member to be served with a written notice of its direction.
Documents to be supplied to accused
11
1
Where a senior police member is charged with an offence, he shall, at least 21 days before the date of the hearing of the charge, be supplied with copies —
a
of any statements he may have made under regulations 6 and 7;
b
of the report, allegation or complaint on which the charge is founded (or so much thereof as relates to the accused) and of any reports thereon (other than the report arising out of the investigation referred to in regulation 7) notwithstanding that they may be confidential;
c
of any statement relating to the charge made by any witness to be called in support of the charge, together with the witness’s name and address; and
d
of any statement relating to the charge made by any person, other than a witness to be called in support of the charge, in the course of the investigation referred to in regulation 7, to the appropriate authority or to anybody acting on its behalf, together with the person’s name and address.
2
Where the charge is founded on a report, allegation or complaint and a statement arising therefrom made by the same person, the reference in paragraph (1)(b) to the report, allegation or complaint shall, without prejudice to paragraph (1)(c) or (d), be construed as including a reference to that statement.
3
In this regulation any reference to a copy of a statement, report, allegation or complaint shall, where it was not made in writing, be construed as a reference to a copy of an account thereof.
Hearing by tribunal
12
1
A charge against a senior police member shall be heard by a tribunal consisting of a single person selected and appointed by the appropriate authority from a list of persons nominated by the Lord Chancellor.
2
To assist the tribunal on matters pertaining to the police there shall also be appointed by the appropriate authority one or more assessors selected by that authority with the approval of the tribunal one of whom is or has been a chief officer of police, or has been a Director General of NCIS or a Director General of NCS, so, however, that there shall not be so appointed —
a
a person who is one of Her Majesty’s inspectors of constabulary;
b
the Director General of NCIS;
c
the Director General of NCS; or
d
a member, officer or servant of the appropriate authority or of any police authority which appoints any member of the appropriate authority.
Procedure at hearing
13
1
The hearing shall be in private.
2
The case against the accused shall be presented —
a
by the independent solicitor mentioned in regulation 9(2)(a); or
b
by some other independent solicitor.
3
In paragraph (2)(b) “independent solicitor” has the same meaning as in regulation 9.
4
If the accused does not admit the charge, the hearing shall proceed as though he denied the charge.
5
Before the case against the accused is presented, the accused may submit that the facts alleged in the charge are not such as to constitute the offence with which he is charged and the tribunal, if it upholds that submission, shall determine that the charge to which the submission relates should be dismissed.
6
The accused may conduct his case either in person or by a representative:
Provided that if the accused is represented by a police member of NCIS, a police member of NCS or a member of a police force the accused, as well as his representative, may cross-examine the witnesses called in support of the case against him.
7
Any question as to whether any evidence is admissible, or whether any question should or should not be put to a witness, shall be determined by the tribunal.
8
A verbatim record of the proceedings before the tribunal shall be taken and a transcription of the record shall be made and sent to the appropriate authority and, if a punishment is imposed by that authority and the accused contemplates an appeal to the NCIS appeal tribunal, at his request made within the period during which notice of appeal may be given, a copy thereof shall be supplied to him.
Statements in lieu of oral evidence
14
1
Subject to the provisions of this regulation, the tribunal may admit evidence by way of a written statement made by a person, notwithstanding that he may not be called as a witness, so, however, that evidence shall not be admissible thereunder if it would not have been admissible had it been given orally.
2
For the purposes hereof, a written statement purporting to be made and signed by a person and witnessed by another person shall be presumed to have been made by that person unless the contrary be shown.
3
If either the accused or the person presenting the case against him (in this regulation referred to as “the parties”) proposes to adduce written evidence in pursuance of this regulation at a hearing, he shall give the other party a copy of the statement at least 21 days before the date of that hearing and invite that party to agree or object, in writing, to the admission of the statement in evidence without the maker thereof being called as a witness and being available for cross-examination and, if that party within 14 days from the receipt by him of the copy of the statement has so objected, the statement shall only be admitted in evidence if the maker thereof is called and is available as aforesaid:
Provided that if the parties in writing so agree in the case of a particular statement, this paragraph shall have effect in relation to that statement as though —
the reference to a period of 21 days were a reference to such shorter period as they may agree;
the reference to a period of 14 days were a reference to such shorter period, expiring before the date of the hearing, as they may agree.
4
Where, notwithstanding that the other party has not so objected and a written statement has been admitted in evidence without the maker thereof being called and being available as aforesaid, the tribunal is of the opinion that oral evidence should be given, it may request that the maker be called as a witness and, in such case, unless the maker gives oral evidence, the tribunal shall be entitled to disregard the written evidence.
5
Nothing in this regulation shall prejudice the admission of written evidence which would be admissible apart from the provisions thereof.
Adjournment of hearing
15
The tribunal may from time to time adjourn the hearing if it considers it necessary or expedient so to do for the due hearing of the case.
Hearing in absence of accused
16
1
It shall be within the discretion of the tribunal to proceed with the hearing of the case in the absence of the accused if it appears just and proper so to do.
2
Where, owing to the absence of the accused, it is impossible to comply with any of the procedure described in regulations 6, 7, 9 and 11 that procedure shall be dispensed with.
Attendance of complainant at hearing
17
1
This regulation shall apply in relation to the hearing of a charge against a senior police member where the charge is in respect of a matter or matters complained of in a complaint against him received from a member of the public.
2
Notwithstanding anything in regulation 13(1) but subject to paragraph (4), the tribunal shall allow the complainant to attend the hearing while witnesses are being examined, or cross-examined, on the facts alleged in the charge and, if the tribunal considers it appropriate so to do on account of the age of the complainant, or otherwise, shall allow him to be accompanied by a personal friend or relative who is not to be called as a witness at the hearing:
Provided that —
where the complainant is to be called as a witness at the hearing, he and any person allowed to accompany him shall not be allowed to attend before he gives his evidence, and
where it appears to the tribunal that a witness may, in giving evidence, disclose information which, in the public interest, ought not to be disclosed to a member of the public, it shall require the complainant and any person allowed to accompany him to withdraw while that evidence is given.
3
Where the accused gives evidence, then, after the person presenting the case against him has had an opportunity of cross-examining him, the tribunal shall put to him any questions which the complainant requests should be so put and might have been properly so put by way of cross-examination and, at its discretion, may allow the complainant himself to put such questions to the accused.
4
Subject as aforesaid, the complainant and any person allowed to accompany him shall neither intervene in, nor interrupt, the hearing; and if he or such a person should behave in a disorderly or abusive manner, or otherwise misconduct himself, the tribunal may exclude him from the remainder of the hearing.
5
In this regulation a reference to the complainant is a reference to the person by or on behalf of whom the complaint was made.
Tribunal’s report
18
1
The tribunal shall, as soon as possible after the hearing, submit a report to the appropriate authority setting out —
a
a statement of the facts admitted or found to be proved so far as they are material to the case;
b
a statement as to the charges found to be proved or not to be proved;
c
if any charges are found to be proved, a recommendation as to any punishment which, subject to regulation 19, in its opinion should be imposed therefore;
d
any other matter arising out of the hearing which it desires to bring to the notice of the appropriate authority.
2
For the purposes of this regulation, a charge shall not be regarded as being proved unless it is —
a
admitted by the accused; or
b
proved by the person presenting the case to the tribunal hearing the case beyond reasonable doubt.
3
The tribunal shall send the accused a copy of the report.
4
A copy of the report of the tribunal together with the decision of the appropriate authority shall be sent by the appropriate authority to the Secretary of State.
Decision of appropriate authority
19
1
On receipt of the report of the tribunal the appropriate authority shall decide either to dismiss the case or —
a
to record a finding of guilt but to take no further action thereon, or
b
to record a finding of guilt and impose a punishment.
2
As soon as possible after the appropriate authority has taken its decision in the case that decision shall be recorded on the discipline form and notified in writing to the accused.
Punishment
20
1
For the purposes of regulations 8, 18(1)(c) or 19(1), the punishments which may be recommended or imposed shall be —
a
dismissal from NCIS;
b
requirement to resign from NCIS as an alternative to dismissal, either forthwith or on such date as may be specified in the recommendation or decision;
c
reprimand.
2
Where the question of the punishment to be imposed is being considered by the appropriate authority under regulation 8 or 19(1) —
a
it shall have regard to the accused’s record of service with NCIS and service as a member of a police force or with the National Crime Squad and may receive evidence from any witness whose evidence would, in its opinion, assist it in determining the question, and
b
the accused, or his representative, shall be afforded an opportunity to make oral, or if he thinks fit, written representations as respects the question or to adduce evidence relevant thereto.
3
Regulation 13(7) shall apply to proceedings at which such evidence as is referred to in paragraph 2(a) or (b) or such oral representations as are referred to in paragraph (2)(b) is given or are made as it applies to the proceedings before the tribunal.
Expenses of hearing
21
1
All the expenses of a hearing under these Regulations, including the costs of the accused, shall be defrayed out of the service fund.
2
Any costs payable under this regulation shall be subject to taxation in such manner as the Secretary of State may direct.
Suspension — ordinary procedure
22
1
Where it appears to the appropriate authority, on receiving a report, allegation or complaint from which it appears that a senior police member may have committed a disciplinary or criminal offence, that the senior police member concerned ought to be suspended from membership of NCIS and from his office as constable, the appropriate authority may, subject to the following provisions of this regulation, so suspend him.
2
The appropriate authority shall not so suspend a senior police member unless it appears to it that either of the following conditions (“the suspension conditions”) is satisfied, namely —
a
that the effective investigation of the matter may be prejudiced unless the senior police member concerned is so suspended;
b
that the public interest, having regard to the nature of the report, allegation or complaint, and any other relevant considerations, requires that he should be so suspended.
3
If the appropriate authority determine that a senior police member ought to be suspended under this regulation, it shall forthwith notify the Authority of its decision and of the suspension condition appearing to them to justify its decision.
4
If, upon being so notified of the decision of the appropriate authority, the Authority are satisfied that the suspension condition in question is fulfilled, they shall as soon as practicable notify their approval of the suspension of the senior police member concerned to the appropriate authority; and the suspension of the officer shall not have effect unless the approval of the Authority is so given.
5
Where the Authority give their approval to the suspension of a senior police member, his suspension shall take effect from the time he receives notice of the Authority’s approval thereof from the appropriate authority, and he shall be suspended until —
a
the Authority decide otherwise; or
b
the appropriate authority decide otherwise; or
c
it is decided that the senior police member shall not be charged with a disciplinary offence; or
d
he has been so charged and —
i
all the charges have been dropped; or
ii
a finding of guilt has been recorded but no further action has been taken thereon; or
iii
a punishment has been imposed,
whichever first occurs.
Suspension — urgent cases
23
1
Subject to paragraph (2), in cases of urgency, the like power of suspension as under regulation 22 may be exercised with immediate effect —
a
in relation to the Director General or a person for the time being discharging his functions, by the appropriate authority, and
b
in any other case by the Director General.
2
Where a senior police member has been suspended under paragraph (1), the appropriate authority or, as the case may be, the Director General shall notify the Authority forthwith.
3
Without prejudice to regulation 22(5), the suspension of a senior police member under this regulation shall cease to have effect at the expiry of 24 hours from the imposition thereof unless within that period the Authority have notified the appropriate authority or, as the case may be, the Director General of their approval thereof.
Alun Michael
Minister of State
Home Office
9th March 1998


text:
1
This Order may be cited as the European Parliamentary Elections (Day of By-election) (North East Scotland Constituency) Order 1998 and shall come into force on 21st October 1998.
2
The by-election to fill the vacancy in the European Parliamentary constituency of North East Scotland shall be held on 26th November 1998.
George Howarth
Parliamentary Under-Secretary of State
Home Office
13th October 1998


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Avon Valley) Designation (Amendment) (No. 2) Order 1998 and shall come into force on 16th October 1998.
Interpretation
2
In this Order, “the principal Order ” means the Environmentally Sensitive Areas (Avon Valley) Designation Order 1993 .
Amendment of the principal Order
3
The principal Order shall have effect as if, in article 2 of the Environmentally Sensitive Areas (Avon Valley) Designation (Amendment) Order 1998 , for the words “the Environmentally Sensitive Areas (Avon Valley) Designation (Amendment) Order 1993” there were substituted “the Environmentally Sensitive Areas (Avon Valley) Designation Order 1993”.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
30th August 1998
We consent,
Bob Ainsworth
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
25th August 1998


text:
Citation and commencement
1
This Order may be cited as the North Hull Housing Action Trust (Dissolution) Order 1998 and shall come into force on 1st January 1999.
Interpretation
2
In this Order–
“the 1981 Act ” means the New Towns Act 1981 ;
“commencement date” means the date specified in article 1;
“ the Commission ” means the Commission for the New Towns ;
“the dissolution date” means the date specified in article 6;
“ the Trust ” means the North Hull Housing Action Trust which was established by the North Hull Housing Action Trust (Area and Constitution) Order 1991 .
Transfer of property, rights, liabilities and functions to the Commission
3
1
Subject to paragraph (2) below–
a
any property, rights and liabilities remaining vested in the Trust; and
b
any function exercisable by the Trust,
immediately before the commencement date shall be transferred to the Commission on that date.
2
Paragraph (1) shall not apply in respect of any property, rights, liabilities and functions which the Trust has notified in writing to the Commission, at least 14 days before the commencement date, as those which it thinks it necessary or expedient to retain for the purpose of preparing its final accounts and report and winding up its affairs.
3
Any property, rights and liabilities remaining vested in the Trust and any function exercisable by the Trust immediately before the dissolution date shall be transferred to the Commission on that date.
Additional functions of the Commission
4
1
The purposes for which the Commission exists, as mentioned in section 36(1) of the 1981 Act (functions of Commission), shall also include–
a
to take over and, with a view to its eventual disposal, to hold, manage and turn to account the property of the Trust transferred to the Commission by article 3, and
b
as soon as it considers it expedient to do so, to dispose of property so transferred, and
c
to carry out any functions transferred to it by article 3.
2
In this article–
a
any reference to property transferred to the Commission by article 3 includes a reference to rights and liabilities so transferred; and
b
in relation to liabilities so transferred, any reference to disposal includes a reference to extinguishment.
Restrictions on additional functions of the Commission
5
Section 37 of the 1981 Act shall have effect as if any reference to section 36 included a reference to article 4.
Dissolution of the Trust
6
The Trust shall be dissolved on 1st March 1999.
Revocation of Order
7
The North Hull Housing Action Trust (Area and Constitution) Order 1991 is revoked with effect from the dissolution date.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
20th November 1998


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Education (Grants for Early Excellence Centres) (England) Regulations 1998 and shall come into force on 21st August 1998.
2
In these Regulations —
“approved expenditure” means any expenditure which is approved by the Secretary of State for the purposes of the payment of grant;
“determine” means determine by notice in writing;
“early excellence centre” means an institution for providing education and other services for children under compulsory school age (whether or not it also provides such services for other persons) participating in the Department for Education and Employment’s pilot programme for early excellence centres; and
“grant” means a grant under these Regulations.
Expenditure in respect of which grants are payable
3
The Secretary of State may pay grants to persons other than local education authorities in respect of approved expenditure incurred or to be incurred by them in a financial year for the purposes of or in connection with the provision by them of education, daycare in association with education, training and development and other activities designed to disseminate good practice in the matters referred to in this regulation, family education and related services at or through an early excellence centre.
Rate of grant
4
Grant in respect of approved expenditure shall be payable at the rate of 100 per cent. of such expenditure.
Conditions for payment of grant
5
1
No payment of grant shall be made except in response to an application in writing to the Secretary of State, authenticated by the person responsible for the administration of the financial affairs of the person applying for the grant.
2
Applications for the payment of grant shall relate to expenditure over one or more of the periods specified in paragraph 3 below and shall specify the approved expenditure in respect of which grant is applied for which has been or which it is estimated will be incurred by the person applying for the grant.
3
The periods referred to in paragraph (2) of this regulation are —
a
1st April to 31st July;
b
1st August to 31st December;
c
1st January to 31st March.
6
Where at the time of approving expenditure for the purposes of these Regulations, the Secretary of State requests information in respect of any one or more of the purposes for which the payment of grant is approved, payment of grant in respect of that purpose or those purposes shall be conditional on that information being included in the person’s application for payment of grant.
7
1
The Secretary of State may from time to time determine further conditions on the fulfilment of which the making of any payment under these Regulations shall be dependent.
2
Where conditions have been determined under this regulation no grant shall be payable unless such conditions have either been fulfilled or been withdrawn under paragraph (3) below.
3
The Secretary of State may determine to withdraw, or, after consulting the person applying for the grant, vary conditions determined under this regulation.
Requirements to be complied with
8
Any person to whom a payment of grant has been made shall, if so required by the Secretary of State, furnish him with such further information as may be required to enable him to verify that any grant paid has been properly paid under these Regulations.
9
1
Any person to whom a payment of grant has been made shall comply with such requirements as may be determined by the Secretary of State in the case in question.
2
Requirements determined under this regulation may include requirements as to —
a
the repayment of grant;
b
the payment to the Secretary of State of other sums related to the value of assets acquired, provided or improved with the aid of grant; or
c
the payment of interest on sums due to the Secretary of State.
10
Without prejudice to the generality of regulations 8 and 9, any person to whom a payment of grant has been made shall —
a
keep such records and accounts and furnish to the Secretary of State such information, documents, returns and accounts as the Secretary of State may from time to time require,
b
open to the inspection of the Comptroller and Auditor General or any person authorised by the Secretary of State for the purpose the records and accounts kept pursuant to the requirement imposed under paragraph (a) above;
c
where grant has been paid in respect of expenditure to be incurred and the expenditure or part of it is not incurred, repay on application made in that behalf by the Secretary of State the grant paid or the proportionate part thereof,
d
open or cause to be opened to inspection by a person authorised by the Secretary of State for the purpose any premises of an early excellence centre at or through which the education and related services in respect of which the payments of grant are made are provided and afford to the inspector all the facilities he requires for making his inspection, and
e
make available to any person requiring it such information relating to the education and related services in respect of which the payments of grant are made as the Secretary of State may from time to time require.
Estelle Morris
Minister of State,
Department for Education and Employment
29th July 1998


text:
1
These Regulations may be cited as the Value Added Tax (Amendment) (No. 2) Regulations 1998 and shall come into force on 18th March 1998.
2
Paragraph (5) of regulation 90 of the Value Added Tax Regulations 1995 shall be amended by substituting for the words “article 20” the words “article 18”.
Martin Brown
Commissioner of Customs and Excise
New Ring’s Beam House 22 Upper Ground London SE1 9PJ
17th March 1998


text:
Citation and commencement
1
1
This Order may be cited as the Health Service Commissioner for England (London Post-Graduate Teaching Hospitals Designation Orders) Revocation Order 1998 and shall come into force on 25th January 1999.
Revocation of Orders
2
The Health Service Commissioner for England (London Post-Graduate Teaching Hospitals) Order 1982 and the Health Service Commissioner for England (Board of Governors of the Eastman Dental Hospital) Order 1984 are hereby revoked.
A.K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 4) Regulations 1998 and shall come into force on 1st June 1998.
2
In these Regulations —
“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 ;
“the Family Credit Regulations ” means the Family Credit (General) Regulations 1987 ;
“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 .
Revocation
2
The Jobseeker’s Allowance (Amendment) Regulations 1998 (which increase the number of waiting days for a jobseeker’s allowance from 3 to 7) are hereby revoked.
Amendment of the Jobseeker’s Allowance Regulations
3
1
The Jobseeker’s Allowance Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
For paragraph (1)(a)(ii)(aa) of regulation 75 there shall be substituted the following sub-head —
aa
the Employment Option of the New Deal, being a programme which lasts for any individual for up to 26 weeks and which includes for that individual —
i
employed earner’s employment, training and support; or
ii
assistance in pursuing self-employed earner’s employment;
.
3
After regulation 88 there shall be inserted the following regulation —
Income of participants in the self-employment route of the Employment Option of the New Deal
88A
Chapters II , III , IV , V, VII and VIII of this Part and regulations 131 to 136, 138 and 139 shall not apply to any income which is to be calculated in accordance with Chapter IVA of this Part (participants in the self-employment route of the Employment Option of the New Deal).
.
4
After regulation 102 there shall be inserted the following Chapter —
CHAPTER IVA
PARTICIPANTS IN THE SELF-EMPLOYMENT ROUTE OF THE EMPLOYMENT OPTION OF THE NEW DEAL
Interpretation
102A
In this Chapter —
“self-employment route” means that part of the Employment Option of the New Deal which is specified in regulation 75(1)(a)(ii)(aa)(ii);
“special account” means, where a person was carrying on a commercial activity in respect of which assistance was received under the self-employment route, the account into which the gross receipts from that activity were payable during the period in respect of which such assistance was received.
Treatment of gross receipts of participants in the self-employment route of the Employment Option of the New Deal
102B
The gross receipts of a commercial activity carried on by a person in respect of which assistance is received under the self-employment route, shall be taken into account in accordance with the following provisions of this Chapter.
Calculation of income of participants in the self-employment route of the Employment Option of the New Deal
102C
1
The income of a person who has received assistance under the self-employment route shall be calculated by taking into account the whole of the monies in the special account at the end of the last day upon which such assistance was received and deducting from those monies —
a
an amount in respect of income tax calculated in accordance with regulation 102D (deduction in respect of tax for participants in the self-employment route of the Employment Option of the New Deal); and
b
any sum to which paragraph (4) refers.
2
Income calculated pursuant to paragraph (1) shall be apportioned equally over a period which starts on the date the income is treated as paid under paragraph (3) and is equal in length to the period beginning with the day upon which assistance was first received under the self-employment route and ending on the last day upon which such assistance was received.
3
Income calculated pursuant to paragraph (1) shall be treated as paid —
a
in the case where it is due to be paid before the first benefit week in respect of which the participant or his partner first claims a jobseeker’s allowance following the last day upon which assistance was received under the self-employment route, on the day in the week in which it is due to be paid which corresponds to the first day of the benefit week;
b
in any other case, on the first day of the benefit week in which it is due to be paid.
4
This paragraph refers, where applicable in each benefit week in respect of which income calculated pursuant to paragraph (1) is taken into account pursuant to paragraphs (2) and (3), to the sums which would have been disregarded under paragraphs 5 to 8, 11 and 12 of Schedule 6 had the income been earnings.
Deduction in respect of tax for participants in the self-employment route of the Employment Option of the New Deal
102D
1
The amount to be deducted in respect of income tax under regulation 102C(1)(a) (calculation of income of participants in the self-employment route of the Employment Option of the New Deal) in respect of the period determined under regulation 102C(2) shall be calculated as if —
a
the chargeable income is the only income chargeable to tax;
b
the personal reliefs which are applicable to the person receiving assistance under the self-employment route by virtue of sections 257(1), 257A(1) and 259 of the Income and Corporation Taxes Act 1988 (personal reliefs) are allowable against that income; and
c
the rate at which the chargeable income less the personal relief is assessable to income tax is the lower rate of tax or, as the case may be, the lower rate and the basic rate of tax.
2
For the purpose of paragraph (1), the lower rate of tax to be applied and the amount of the personal relief deductible shall, where the period determined under regulation 102C(2) is less than a year, be calculated on a pro rata basis.
3
In this regulation, “chargeable income” means the monies in the special account at the end of the last day upon which assistance was received under the self-employment route.
.
Income to be disregarded
4
In Schedule 7 to the Jobseeker’s Allowance Regulations (income to be disregarded) —
a
for paragraph 60, there shall be substituted the following paragraph —
60
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 an employment programme specified in —
a
regulation 75(1)(a)(ii)(aa)(ii) (self-employment route of the Employment Option of the New Deal);
b
regulation 75(1)(a)(ii)(bb) (Voluntary Sector Option of the New Deal); or
c
regulation 75(1)(a)(ii)(cc) (Environment Task Force Option of the New Deal).
;
b
at the end there shall be added the following paragraph —
62
1
Subject to sub-paragraph (2), in the case of a person who is receiving, or who has received, assistance under an employment programme specified in regulation 75(1)(a)(ii)(aa)(ii) (self-employment route of the Employment Option of the New Deal), any payment to that person —
a
to meet expenses wholly and necessarily incurred whilst carrying on the commercial activity;
b
which is used or intended to be used to maintain repayments on a loan taken out by that person for the purpose of establishing or carrying on the commercial activity,
in respect of which such assistance is or was received.
2
Sub-paragraph (1) shall apply only in respect of payments which are paid to that person from the special account as defined for the purposes of Chapter IVA of Part VIII.
.
Capital to be disregarded
5
In Schedule 8 to the Jobseeker’s Allowance Regulations (capital to be disregarded) —
a
in paragraph 11, at the end, there shall be added the following sub-paragraphs —
3
In the case of a person who is receiving assistance under an employment programme specified in regulation 75(1)(a)(ii)(aa)(ii) (self-employment route of the Employment Option of the New Deal), the assets acquired by that person for the purpose of establishing or carrying on the commercial activity in respect of which such assistance is being received.
4
In the case of a person who has ceased carrying on the commercial activity in respect of which assistance was received as specified in sub-paragraph (3), the assets relating to that activity for such period as may be reasonable in the circumstances to allow for disposal of any such asset.
;
b
for paragraph 45 there shall be substituted the following paragraph —
45
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 an employment programme specified in —
a
regulation 75(1)(a)(ii)(aa)(ii) (self-employment route of the Employment Option of the New Deal);
b
regulation 75(1)(a)(ii)(bb) (Voluntary Sector Option of the New Deal); or
c
regulation 75(1)(a)(ii)(cc) (Environment Task Force Option of the New Deal),
but only for a period of 52 weeks from the date of receipt of the payment.
;
c
at the end there shall be added the following paragraph —
47
In the case of a person who is receiving, or who has received, assistance under an employment programme specified in regulation 75(1)(a)(ii)(aa)(ii) (self-employment route of the Employment Option of the New Deal), any sum of capital which is acquired by that person for the purpose of establishing or carrying on the commercial activity in respect of which such assistance is or was received but only for a period of 52 weeks from the date on which that sum was acquired.
.
Amendment of the Income Support Regulations
6
1
The Income Support Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
After regulation 23 there shall be inserted the following regulation —
Income of participants in the self-employment route of the Employment Option of the New Deal
23A
Chapters II, III, IV, V, VII and VIIA of this Part and regulations 62 to 66A, 68 and 69 shall not apply to any income which is to be calculated in accordance with Chapter IVA of this Part (participants in the self-employment route of the Employment Option of the New Deal).
.
3
After regulation 39 there shall be inserted the following Chapter —
CHAPTER IVA
PARTICIPANTS IN THE SELF-EMPLOYMENT ROUTE OF THE EMPLOYMENT OPTION OF THE NEW DEAL
Interpretation
39A
In this Chapter —
“self-employment route” means that part of the Employment Option of the New Deal which is specified in regulation 75(1)(a)(ii)(aa)(ii) of the Jobseeker’s Allowance Regulations 1996;
“special account” means, where a person was carrying on a commercial activity in respect of which assistance is received under the self-employment route, the account into which the gross receipts from that activity were payable during the period in respect of which such assistance was received.
Treatment of gross receipts of participants in the self-employment route of the Employment Option of the New Deal
39B
The gross receipts of a commercial activity carried on by a person in respect of which assistance is received under the self-employment route, shall be taken into account in accordance with the following provisions of this Chapter.
Calculation of income of participants in the self-employment route of the Employment Option of the New Deal
39C
1
The income of a person who has received assistance under the self-employment route shall be calculated by taking into account the whole of the monies in the special account at the end of the last day upon which such assistance was received and deducting from those monies —
a
an amount in respect of income tax calculated in accordance with regulation 39D (deduction in respect of tax for participants in the self-employment route of the Employment Option of the New Deal); and
b
any sum to which paragraph (4) refers.
2
Income calculated pursuant to paragraph (1) shall be apportioned equally over a period which starts on the date the income is treated as paid under paragraph (3) and is equal in length to the period beginning with the day upon which assistance was first received under the self-employment route and ending on the last day upon which such assistance was received.
3
Income calculated pursuant to paragraph (1) shall be treated as paid —
a
in the case where it is due to be paid before the first benefit week in respect of which the participant or his partner first claims income support following the last day upon which assistance was received under the self-employment route, on the day in the week in which it is due to be paid which corresponds to the first day of the benefit week;
b
in any other case, on the first day of the benefit week in which it is due to be paid.
4
This paragraph refers, where applicable in each benefit week in respect of which income calculated pursuant to paragraph (1) is taken into account pursuant to paragraphs (2) and (3), to the sums which would have been disregarded under paragraphs 4 to 6B and 9 of Schedule 8 had the income been earnings.
Deduction in respect of tax for participants in the self-employment route of the Employment Option of the New Deal
39D
1
The amount to be deducted in respect of income tax under regulation 39C(1)(a) (calculation of income of participants in the self-employment route of the Employment Option of the New Deal) in respect of the period determined under regulation 39C(2) shall be calculated as if —
a
the chargeable income is the only income chargeable to tax;
b
the personal reliefs which are applicable to the person receiving assistance under the self-employment route by virtue of sections 257(1), 257A(1) and 259 of the Income and Corporation Taxes Act 1988 (personal reliefs) are allowable against that income; and
c
the rate at which the chargeable income less the personal relief is assessable to income tax is the lower rate of tax or, as the case may be, the lower rate and the basic rate of tax.
2
For the purpose of paragraph (1), the lower rate of tax to be applied and the amount of the personal relief deductible shall, where the period determined under regulation 39C(2) is less than a year, be calculated on a pro rata basis.
3
In this regulation, “chargeable income” means the monies in the special account at the end of the last day upon which assistance was received under the self-employment route.
.
4
At the end of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) there shall be added the following paragraph —
64
1
Subject to sub-paragraph (2), in the case of a person who is receiving, or who has received, assistance under an employment programme specified in regulation 75(1)(a)(ii)(aa)(ii) of the Jobseeker’s Allowance Regulations 1996 (self-employment route of the Employment Option of the New Deal), any payment to the person —
a
to meet expenses wholly and necessarily incurred whilst carrying on the commercial activity;
b
which is used or intended to be used to maintain repayments on a loan taken out by that person for the purpose of establishing or carrying on the commercial activity,
in respect of which such assistance is or was received.
2
Sub-paragraph (1) shall apply only in respect of payments which are paid to that person from the special account as defined for the purposes of Chapter IVA of Part V.
.
Common amendments
7
1
At the end of each of the regulations specified in paragraph (2) of this regulation (which relate to income to be treated as capital) there shall be added the following paragraph —
7
There shall be treated as capital the gross receipts of any commercial activity carried on by a person in respect of which assistance is received under an employment programme specified in regulation 75(1)(a)(ii)(aa)(ii) of the Jobseeker’s Allowance Regulations 1996 (self-employment route of the Employment Option of the New Deal), but only in so far as those receipts were payable into a special account (as defined for the purposes of Chapter IVA of Part VIII of those Regulations) during the period in which that person was receiving such assistance.
.
2
The regulations for the purposes of paragraph (1) of this regulation are —
a
regulation 31 of the Council Tax Benefit Regulations;
b
regulation 34 of the Disability Working Allowance Regulations;
c
regulation 31 of the Family Credit Regulations;
d
regulation 40 of the Housing Benefit Regulations.
3
For each of the numbered paragraphs of the Schedules specified in paragraph (4) of this regulation (which relate to sums to be disregarded in the calculation of income other than earnings), there shall be substituted the following paragraph —
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 an employment programme specified in —
regulation 75(1)(a)(ii)(aa)(ii) of the Jobseeker’s Allowance Regulations 1996 (self-employment route of the Employment Option of the New Deal);
regulation 75(1)(a)(ii)(bb) of those Regulations (Voluntary Sector Option of the New Deal); or
regulation 75(1)(a)(ii)(cc) of those Regulations (Environment Task Force Option of the New Deal).
.
4
The respective paragraph numbers and Schedules for the purposes of paragraph (3) of this regulation are —
a
paragraph 64 of Schedule 4 to the Council Tax Benefit Regulations;
b
paragraph 57 of Schedule 3 to the Disability Working Allowance Regulations;
c
paragraph 59 of Schedule 2 to the Family Credit Regulations;
d
paragraph 64 of Schedule 4 to the Housing Benefit Regulations;
e
paragraph 62 of Schedule 9 to the Income Support Regulations.
5
At the end of each of the Schedules specified in paragraph (6) of this regulation (which relate to income other than earnings to be disregarded) there shall be added the following paragraph bearing the specified respective paragraph number —
—
1
Subject to sub-paragraph (2), in respect of a person who is receiving, or who has received, assistance under an employment programme specified in regulation 75(1)(a)(ii)(aa)(ii) of the Jobseeker’s Allowance Regulations 1996 (self-employment route of the Employment Option of the New Deal), any payment to that person —
a
to meet expenses wholly and necessarily incurred whilst carrying on the commercial activity;
b
which is used or intended to be used to maintain repayments on a loan taken out by that person for the purpose of establishing or carrying on the commercial activity,
in respect of which such assistance is or was received.
2
Sub-paragraph (1) shall apply only in respect of payments which are paid to that person from the special account as defined for the purposes of Chapter IVA of Part VIII of the Jobseeker’s Allowance Regulations 1996.
.
6
The respective paragraph numbers and Schedules for the purposes of paragraph (5) of this regulation are —
a
paragraph 66 of Schedule 4 to the Council Tax Benefit Regulations;
b
paragraph 59 of Schedule 3 to the Disability Working Allowance Regulations;
c
paragraph 61 of Schedule 2 to the Family Credit Regulations;
d
paragraph 66 of Schedule 4 to the Housing Benefit Regulations.
7
At the end of each of the numbered paragraphs of the Schedules specified in paragraph (8) (which relate to sums to be disregarded in the calculation of capital), there shall be added the following sub-paragraphs —
3
In the case of a person who is receiving assistance under an employment programme specified in regulation 75(1)(a)(ii)(aa)(ii) of the Jobseeker’s Allowance Regulations 1996 (self-employment route of the Employment Option of the New Deal), the assets acquired by that person for the purpose of establishing or carrying on the commercial activity in respect of which such assistance is being received.
4
In the case of a person who has ceased carrying on the commercial activity in respect of which assistance was received as specified in sub-paragraph (3), the assets relating to that activity for such period as may be reasonable in the circumstances to allow for disposal of any such asset.
.
8
The respective paragraph numbers and Schedules for the purposes of paragraph (7) of this regulation are —
a
paragraph 7 of Schedule 5 to the Council Tax Benefit Regulations;
b
paragraph 6 of Schedule 4 to the Disability Working Allowance Regulations;
c
paragraph 6 of Schedule 3 to the Family Credit Regulations ;
d
paragraph 7 of Schedule 5 to the Housing Benefit Regulations ;
e
paragraph 6 of Schedule 10 to the Income Support Regulations .
9
For the numbered paragraph of each of the Schedules specified in paragraph (10) of this regulation (which relate to sums to be disregarded in the calculation of capital), there shall be substituted the following paragraph —
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 an employment programme specified in —
regulation 75(1)(a)(ii)(aa)(ii) of the Jobseeker’s Allowance Regulations 1996 (self-employment route of the Employment Option of the New Deal);
regulation 75(1)(a)(ii)(bb) of those Regulations (Voluntary Sector Option of the New Deal); or
regulation 75(1)(a)(ii)(cc) of those Regulations (Environment Task Force Option of the New Deal),
but only for a period of 52 weeks from the date of receipt of the payment.
.
10
The respective paragraph numbers and Schedules for the purposes of paragraph (9) of this regulation are —
a
paragraph 53 of Schedule 5 to the Council Tax Benefit Regulations;
b
paragraph 51 of Schedule 4 to the Disability Working Allowance Regulations;
c
paragraph 52 of Schedule 3 to the Family Credit Regulations;
d
paragraph 53 of Schedule 5 to the Housing Benefit Regulations;
e
paragraph 50 of Schedule 10 to the Income Support Regulations.
11
At the end of each of the Schedules specified in paragraph (12) of this regulation (which relate to sums to be disregarded in the calculation of capital) there shall be added the following paragraph bearing the specified respective paragraph number —
In the case of a person who is receiving, or who has received, assistance under an employment programme specified in regulation 75(1)(a)(ii)(aa)(ii) of the Jobseeker’s Allowance Regulations 1996 (self-employment route of the Employment Option of the New Deal), any sum of capital which is acquired by that person for the purpose of establishing or carrying on the commercial activity in respect of which such assistance is or was received but only for a period of 52 weeks from the date on which that sum was acquired.
.
12
The respective paragraph numbers and Schedules for the purposes of paragraph (11) of this regulation are —
a
paragraph 55 of Schedule 5 to the Council Tax Benefit Regulations;
b
paragraph 53 of Schedule 4 to the Disability Working Allowance Regulations;
c
paragraph 54 of Schedule 3 to the Family Credit Regulations;
d
paragraph 55 of Schedule 5 to the Housing Benefit Regulations;
e
paragraph 52 of Schedule 10 to the Income Support Regulations.
Consequential amendments
8
1
Regulation 18 of the Social Security Amendment (New Deal) Regulations 1997 (consequential amendments) shall be revoked.
2
In Schedule 4 to the Housing Benefit Regulations —
a
the second paragraph designated “62” shall be omitted;
b
after paragraph 66 there shall be added the following paragraph —
67
Any payment made under the Community Care (Direct Payments) Act 1996 or under section 12B of the Social Work (Scotland) Act 1968 .
.
3
In the Social Security (Claims and Payments) Regulations 1987 —
a
in paragraph (7) of regulation 26A (effect of changes of circumstances in jobseeker’s allowance cases), after the words “regulation 96” there shall be inserted the words “or 102C(3)”;
b
in sub-paragraph (4) of paragraph 7 of Schedule 7 (effect of changes of circumstances in income support cases), after the words “or (2)” there shall be inserted the words “or 39C(3)”.
Signed by authority of the Secretary of State for Education and Employment.
Alan Howarth
Parliamentary Under-Secretary of State,
Department for Education and Employment
7th May 1998
Signed by authority of the Secretary of State for Social Security.
Frank Field
Minister of State,
Department of Social Security
7th May 1998


text:
Citation and commencement
1
These Regulations may be cited as the Air Passenger Duty and Other Indirect Taxes (Interest Rate) Regulations 1998 and shall come into force on 6th July 1998.
Interpretation
2
1
In these Regulations unless the context otherwise requires —
“established rate” means —
on the coming into force of these Regulations, 7 per cent. per annum; and
in relation to any day after the first reference day after the coming into force of these Regulations, the reference rate found on the immediately preceding reference day;
“operative day” means the sixth day of each month;
“reference day” means the twelfth working day before the next operative day;
“section 197” means section 197 of the Finance Act 1996;
the “relevant enactments” are those referred to in regulations 4(1) and 5(1) below;
“working day” means any day other than a non-business day within the meaning of section 92 of the Bills of Exchange Act 1882 .
2
In these Regulations the reference rate found on a reference day is the percentage per annum found by averaging the base lending rates at close of business on that day of —
a
Bank of Scotland,
b
Barclays Bank p.l.c.,
c
Lloyds Bank p.l.c.,
d
Midland Bank p.l.c.,
e
National Westminster Bank p.l.c., and
f
The Royal Bank of Scotland p.l.c.,
and, if the result is not a whole number, rounding the result to the nearest such number, with any result midway between two whole numbers rounded down.
3
The Air Passenger Duty and Other Indirect Taxes (Interest Rate) Regulations 1997 are hereby revoked.
Applicable rate of interest payable to the Commissioners of Customs and Excise in connection with air passenger duty, insurance premium tax, VAT recovered or recoverable by assessment and landfill tax
4
1
For the purposes of —
a
paragraph 7 of Schedule 6 to the Finance Act 1994 ,
b
paragraph 21 of Schedule 7 to that Act,
c
section 74 of the Value Added Tax Act 1994 , and
d
paragraph 26 of Schedule 5 to the Finance Act 1996,
the rate applicable under section 197 shall, subject to paragraph (2) below, be 9.5 per cent. per annum.
2
Where on any reference day after the coming into force of these Regulations, the reference rate found on that day differs from the established rate, the rate applicable under section 197 of the Finance Act 1996 for the purposes of the enactments referred to in paragraph (1) above shall, from the next operative day, be the percentage per annum determined in accordance with the formula specified in paragraph (3) below.
3
The formula specified in this paragraph is —
RR + 2.5 ,
where
RR is the reference rate referred to in paragraph (2) above.
Applicable rate of interest payable by the Commissioners of Customs and Excise in connection with air passenger duty, insurance premium tax, cases of official error in relation to VAT and landfill tax
5
1
For the purposes of —
a
paragraph 9 of Schedule 6 to the Finance Act 1994,
b
paragraph 22 of Schedule 7 to that Act,
c
section 78 of the Value Added Tax Act 1994, and
d
paragraph 29 of Schedule 5 to the Finance Act 1996,
the rate applicable under section 197 of the Finance Act 1996 shall be 6 per cent. per annum.
2
Where, on a reference day after the coming into force of these Regulations, the reference rate found on that date differs from the established rate, the rate applicable under section 197 for the purposes of the enactments referred to in paragraph (1) above shall, from the next operative day, be the percentage per annum determined in accordance with the formula specified in paragraph (3) below.
3
The formula specified in this paragraph is —
RR - 1 ,
where
RR is the reference rate referred to in paragraph (2) above.
Effect of change in applicable rate
6
Where the rate applicable under section 197 for the purposes of any of the relevant enactments changes on an operative day by virtue of these Regulations, that change shall have effect for periods beginning on or after the operative day in relation to interest running from before that day as well as in relation to interest running from, or from after that day.
7
Where the rate applicable under section 197 for the purposes of any of the relevant enactments changes on an operative day by virtue of these Regulations, the rate in force immediately prior to any change shall continue to have effect for periods immediately prior to the change and so on in the case of any number of successive changes.
Applicable rate of interest prior to the coming into force of these Regulations
8
The rate applicable under section 197 for interest running from before the date these Regulations come into force in relation to periods prior to that date shall be that specified for the relevant enactments in the following Tables —
Table 1
Paragraph 7 of Schedule 6 to the Finance Act 1994
Interest for any period Rate
from 1st November 1994 and before 6th February 1996 5.5 per cent. after 5th February 1996 and before 6th July 1998 6.25 per cent.
Table 2
Paragraph 21 of Schedule 7 to the Finance Act 1994
Interest for any period Rate
from 1st October 1994 and before 6th February 1996 5.5 per cent after 5th February 1996 and before 6th July 1998 6.25 per cent.
Table 3
Section 74 of the Value Added Tax Act 1994
Interest for any period Rate
from 1st April 1990 and before 6th November 1990 13 per cent. after 5th November 1990 and before 6th March 1991 12.25 per cent. after 5th March 1991 and before 6th May 1991 11.5 per cent. after 5th May 1991 and before 6th July 1991 10.75 per cent. after 5th July 1991 and before 6th October 1991 10 per cent. after 5th October 1991 and before 6th November 1992 9.25 per cent. after 5th November 1992 and before 6th December 1992 7.75 per cent. after 5th December 1992 and before 6th March 1993 7 per cent. after 5th March 1993 and before 6th January 1994 6.25 per cent. after 5th January 1994 and before 6th October 1994 5.5 per cent. after 5th October 1994 and before 6th March 1995 6.25 per cent. after 5th March 1995 and before 6th February 1996 7 per cent. after 5th February 1996 and before 6th July 1998 6.25 per cent.
Table 4
Paragraph 26 of Schedule 5 to the Finance Act 1996
Interest for any period Rate
from 1st April 1997 and before 6th July 1998 6.25 per cent.
Table 5
Paragraph 9 of Schedule 6 to the Finance Act 1994
Interest for any period Rate
from 1st November 1994 and before 1st April 1997 8 per cent. after 31st March 1997 and before 6th July 1998 6 per cent.
Table 6
Paragraph 22 of Schedule 7 to the Finance Act 1994
Interest for any period Rate
after 1st October 1994 and before 1st April 1994 8 per cent. after 31st March 1997 and before 6th July 1998 6 per cent.
Table 7
Section 78 of the Value Added Tax Act 1994
Interest for any period Rate
from 1st April 1973 and before 1st March 1974 8 per cent. after 28th February 1974 and before 1st February 1977 9 per cent. after 31st January and before 1st March 1979 10 per cent. after 28th February 1979 and before 1st January 1980 12.5 per cent. after 31st December 1979 and before 1st January 1981 15 per cent. after 31st December 1980 and before 1st December 1981 12.5 per cent. after 30th November 1981 and before 1st March 1982 15 per cent. after 28th February 1982 and before 1st July 1982 14 per cent. after 30th June 1982 and before 1st April 1983 13 per cent. after 31st March 1983 and before 1st April 1984 12.5 per cent. after 31st March 1984 and before 1st August 1986 12 per cent. after 31st July 1986 and before 1st January 1987 11.5 per cent. after 31st December 1986 and before 1st April 1987 12.25 per cent. after 31st March 1987 and before 1st November 1987 11.75 per cent. after 31st October 1987 and before 1st December 1987 11.25 per cent. after 30th November 1987 and before 1st May 1988 11 per cent. after 30th April 1988 and before 1st August 1988 9.5 per cent after 31st July 1988 and before 1st November 1988 11 per cent. after 31st October 1988 and before 1st January 1989 12.25 per cent. after 31st Decenber 1988 and before 1st November 1989 13 per cent. after 31st October 1989 and before 1st April 1991 14.25 per cent. after 31st March 1991 and before 16th October 1991 12 per cent. after 15th October 1991 and before 6th February 1993 10.25 per cent. after 5th February 1993 and before 1st April 1997 8 per cent. after 31st March 1997 and before 6th July 1998 6 per cent.
Table 8
Paragraph 29 of Schedule 5 to the Finance Act 1996
Interest for any period Rate
from 1st April 1997 and before 6th July 1998 6 per cent.
Graham Allen
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
15th June 1998


text:
Citation and commencement
1
These Regulations may be cited as the Financial Markets and Insolvency Regulations 1998 and shall come into force on 11th August 1998.
Interpretation of the Regulations
2
In these Regulations “ the Act ” means the Companies Act 1989.
Definition of market contracts
3
Section 155(2) of the Act shall be amended as follows —
a
In subsection (2)(a) the words “with a person other than the exchange” shall be inserted after the word “exchange” where it first appears.
b
Subsection (2)(b) shall be replaced by the following —
b
contracts entered into by the exchange with its members for the purpose of enabling the rights and liabilities of that member under transactions in investments to be settled.
4
Section 155(3) shall be replaced by the following —
3
In relation to a recognised clearing house, this Part applies to contracts entered into by the clearing house with a member of the clearing house for the purpose of enabling the rights and liabilities of that member under transactions in investments to be settled.
Amendments to Schedule 21 to the Act
5
1
In paragraph 1(4) of Schedule 21 to the Act, the words “entered into by the exchange for the purposes of or in connection with the provision of its own clearing services” shall be replaced by the words “falling within section 155(2)(b) above”.
2
In paragraph 1(5) of Schedule 21 to the Act, the words “other contracts” shall be replaced by the words “contracts falling within section 155(2)(a) above”.
6
Paragraph 7 of Schedule 21 to the Act shall be replaced by the following —
7
Where the exchange provides clearing services, paragraph 14 below applies in respect of any margined transactions effected by or on behalf of the exchange as it applies in relation to a clearing house.
Graham Allen
Bob Ainsworth
Two of the Lord’s Commissioners of Her Majesty’s Treasury
14th July 1998
Nigel Griffiths
Parliamentary Under Secretary of State for Competition and Consumer Affairs,
Department of Trade and Industry
18th July 1998


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Herring (Specified Sea Areas) (Prohibition of Fishing) Order 1998 and shall come into force on 15th December 1998.
2
In this Order–
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned;
“sea area” means a statistical division or sub-area of the International Council for the Exploration of the Sea specified in the Schedule hereto.
Prohibition
2
Fishing–
a
by any British fishing boat registered in the United Kingdom within any part of a sea area; or
b
by any other British fishing boat within any part of a sea area which lies within British fishery limits
for herring ( Clupea harengus ) in sea areas ICES Statistical Divisions IVa and b is prohibited during the period beginning with the date of coming into force of this Order and ending immediately before 1st January 1999.
Powers of British sea-fishery officers in relation to fishing boats
3
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) below–
a
anywhere in relation to any British fishing boat registered in the United Kingdom; and
b
in any waters adjacent to the United Kingdom and within British fishery limits in relation to any other British fishing boat.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular–
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits he may–
a
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
16th November 1998
Sewel
Parliamentary Under Secretary of State, Scottish Office
17th November 1998
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
18th November 1998
Dubs
Parliamentary Under Secretary of State for Northern Ireland
14th November 1998