text:
Citation and commencement
1
This Order may be cited as the Hereford and Worcester Ambulance Service National Health Service Trust (Establishment) Amendment Order 1998 and shall come into force on 30th November 1998.
Amendment of Establishment Order
2
For article 3 of the Hereford and Worcester Ambulance Service National Health Service Trust (Establishment) Order 1993 (nature and functions of the trust) there shall be substituted the following article: —
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more Health Authorities) shall be —
a
to own and manage pursuant to section 5(1)(a) of the Act Ambulance Headquarters, Bransford, Worcester WR6 5JD and associated premises, and from there to manage ambulance and associated transport services, and to manage such other services, relating to the provision of care, as can reasonably be carried out in conjunction with the management of ambulance and associated transport services; and
b
to provide and manage pursuant to section 5(1)(b) of the Act: —
i
Leominster Ambulance Station, Unit 1 and 2, Western Close Industrial Estate, Southern Avenue, Leominster, Herefordshire HR6 0DD,
ii
Hartlebury Lodge Training Centre, Unit 60D, Hartlebury Trading Estate, Hartlebury, Near Kidderminster DY10 4JB, and
iii
Dudley Ambulance Station, Unit 16, Enterprise Trading Estate, Hurst Lane, Brierley Hill, West Midlands DY5 1TX,
and from there to manage ambulance and associated transport services, and to manage such other services, relating to the provision of care, as can reasonably be carried out in conjunction with the management of ambulance and associated transport services.
.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,
Department of Health
18th November 1998


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Value Added Tax (Osteopaths) Order 1998 and shall apply to supplies made on or after 12th June 1998.
2
Group 7 of Schedule 9 to the Value Added Tax Act 1994 shall be varied by inserting after paragraph (c) of item 1 of that Group —
ca
the register of osteopaths maintained in accordance with the provisions of the Osteopaths Act 1993 ;
.
Graham Allen
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
21st May 1998


text:
Citation and commencement
1
These Regulations may be cited as the Waste Management Licensing (Amendment) Regulations 1998 and shall come into force on 1st April 1998.
Amendment of the Waste Management Licensing Regulations 1994
2
1
The Waste Management Licensing Regulations 1994 shall be amended as follows.
2
In regulation 18(4A)(d) , for the words “a fee of £400” there shall be substituted “the charge prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995 ”.
3
In Schedule 3 (activities exempt from waste management licensing) —
a
in paragraph 45(3)(b) for the words “the annual fee” there shall be substituted “the charge”; and
b
in paragraph 45(3)(d) for the words “a fee of £150 is paid annually” there shall be substituted “the charge prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995 is paid”.
4
In Schedule 5 (registration of brokers of controlled waste) —
a
in paragraph 3(6) (form of application for registration), for the words from “on a form corresponding to the form in Part II of this Schedule” to the end there shall be substituted “on a form provided for the purpose by the waste regulation authority, and shall be accompanied by such information as may reasonably be required by that authority.”;
b
in paragraph 3(7) (form of application for renewal of registration), for the words from “on a form corresponding to the form in Part III of this Schedule” to the end there shall be substituted “on a form provided for the purpose by the waste regulation authority, and shall be accompanied by such information as may reasonably be required by that authority.”;
c
for paragraph 3(11) (which specifies fees to be charged by a waste regulation authority in respect of applications in connection with registration) there shall be substituted —
11
The applicant shall pay the charge prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995 when he makes his application.
;
d
Parts II and III of the Schedule (forms of application) are revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Angela Eagle
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
4th March 1998
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under-Secretary of State, Welsh Office
6th March 1998
Sewel
Parliamentary Under-Secretary of State, Scottish Office
9th March 1998


text:
1
This Order may be cited as the Child Abduction and Custody (Parties to Conventions) (Amendment) Order 1998.
2
The Child Abduction and Custody (Parties to Conventions) ( No. 2) (Amendment) Order 1997 is revoked.
3
The Child Abduction and Custody (Parties to Conventions) Order 1986 is amended by deleting Schedules 1 and 2 and substituting therefor Schedules 1 and 2 which are set out in the Schedule to this Order.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and interpretation
1
1
This Order may be cited as the School Standards and Framework Act 1998 (Commencement No. 3 and Saving and Transitional Provisions) Order 1998.
2
In this Order —
“the 1996 Act ” means the Education Act 1996 ; and
“the 1998 Act ” means the School Standards and Framework Act 1998.
Commencement of paragraph 139 of Schedule 30
2
Paragraph 139 of Schedule 30 to the 1998 Act (which amends section 519 of the 1996 Act: allowances for governors etc. ) shall come into force —
a
on 20th November 1998 for the purposes of making schemes and regulations under the said section 519; and
b
on 1st April 1999 for all other purposes.
Commencement of paragraph 153 of Schedule 30
3
Paragraph 153 of Schedule 30 to the 1998 Act (which substitutes a new section 537A in the 1996 Act: individual pupil information) shall come into force on 20th November 1998.
Saving and transitional provisions
4
The amendment of section 519 of the 1996 Act by paragraph 139 of Schedule 30 to the 1998 Act shall not affect the operation of section 519 in its unamended form and schemes made thereunder in relation to the period ending immediately before 1st April 1999.
5
Section 537A of the 1996 Act in the form in which it existed immediately before its substitution by paragraph 153 of Schedule 30 to the 1998 Act and any subordinate legislation made thereunder, shall continue to have effect until 1st April 1999 in relation to the provision of individual performance information.
Estelle Morris
Minister of State,Department for Education and Employment
13th November 1998


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Environmental Information (Amendment) Regulations 1998 and shall come into force on 10th July 1998.
2
These Regulations shall extend to Great Britain only.
Amendment of the Environmental Information Regulations 1992
2
1
For regulation 4(2) of the Environmental Information Regulations 1992 , the following shall be substituted:
2
For the purposes of these Regulations, information is to be capable of being treated as confidential if, and only if, it is information the disclosure of which —
a
would affect international relations, national defence or public security;
b
would affect matters which are, or have been, an issue in any legal proceedings or in any enquiry (including any disciplinary enquiry), or are the subject-matter of any investigation undertaken with a view to any such proceedings or enquiry;
c
would affect the confidentiality of the deliberations of any relevant person;
d
would involve the supply of a document or other record which is still in the course of completion, or of any internal communication of a relevant person;
e
would affect the confidentiality of matters to which any commercial or industrial confidentiality attaches, including intellectual property.
2
Regulation 4(5) of the Environmental Information Regulations 1992 shall be omitted.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Michael Meacher
Minister of State,
Department of the Environment, Transport and the Regions
11th June 1998


text:
Citation and commencement
1
This Order may be cited as the Dumfries and Galloway (Electoral Arrangements) Order 1998 and shall come into force on 1st January 1999.
Interpretation
2
In the Schedule to this Order–
a
a reference to–
i
an electoral ward is a reference to that electoral ward as constituted in this Order; and
ii
a road, footpath, railway line, river, burn or canal shall, where the context so admits, be construed as a reference to the centre line of the feature concerned; and
b
the following abbreviations are used:–
“EW” for electoral ward;
“NG Ref” for National Grid Reference as published on Ordnance Survey Maps.
Electoral arrangements
3
The area of Dumfries and Galloway Council shall be divided into 47 wards, having the names, contents and boundaries set forth in the Schedule to this Order.
Henry B McLeish
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
11th December 1998


text:
Citation and Commencement
1
These Regulations may be cited as the Aviation Security (Air Cargo Agents) (Amendment) Regulations 1998 and shall come into force on 1st June 1998.
Amendment of Aviation Security (Air Cargo Agents) Regulations 1993
2
The Aviation Security (Air Cargo Agents) Regulations 1993 shall be amended as follows:
a
in regulation 8(5), for the word “three” there shall be substituted the word “twelve”;
b
in regulation 10(6), for the word “three” there shall be substituted the word “twelve”; and
c
for regulation 10(7) there shall be substituted the following:
7
a
The Secretary of State shall remove a security approved air cargo agent from the list of security approved air cargo agents upon being requested to do so by that agent;
b
Subject to sub-paragraph (c) below, if an air cargo agent is removed from the list of security approved air cargo agents pursuant to sub-paragraph (a) of this paragraph the Secretary of State may, on the request of the agent, re-include that air cargo agent on the list if he is satisfied that it is appropriate to do so; and
c
The Secretary of State may only re-include an air cargo agent on the list of security approved air cargo agents under sub-paragraph (b) above if he receives a request for such re-inclusion from that air cargo agent not less than one month from the date on which that agent was removed from the list.
.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Glenda Jackson
Parliamentary Under Secretary of State
Department of the Environment, Transport and the Regions
30th April 1998


text:
1
These Regulations may be cited as the Yugoslavia (Prohibition of Flights) Regulations 1998 and shall come into force on 18th September 1998.
2
In these Regulations “the Council Regulation” means Council Regulation ( EC ) No 1901/98 of 7 September 1998 concerning a ban on flights of Yugoslav carriers between the Federal Republic of Yugoslavia and the European Community .
3
Save where article 102 (Restriction with respect to carriage for valuable consideration in aircraft registered outside the United Kingdom) of the Air Navigation ( No. 2) Order 1995 is contravened, any person operating an aircraft on a flight between the Federal Republic of Yugoslavia and the United Kingdom contrary to article 1.1 of the Council Regulation shall be guilty of an offence under these Regulations.
4
Any person who, knowingly and intentionally, participates in activities the object or effect of which is, directly or indirectly, to circumvent the provisions of articles 1 and 2 of the Council Regulation contrary to article 4 of the Council Regulation shall be guilty of an offence under these Regulations.
5
1
Any person guilty of an offence under these Regulations shall be liable–
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
2
Where an offence under these Regulations has been committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and liable to be proceeded against and punished accordingly.
3
Where the affairs of a body corporate are managed by its members, paragraph (2) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
4
Where a Scottish partnership is guilty of an offence under these Regulations and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
5
Proceedings against any person for an offence under these Regulations may be taken before the appropriate court in the United Kingdom having jurisdiction in the place where that person is for the time being.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
John Reid
Minister of Transport,
Department of the Environment, Transport and the Regions
17th September 1998


text:
1
This Order may be cited as the Northern Ireland (Emergency Provisions) Act 1996 (Silent Video Recording of Interviews) Order 1998 and shall come into force on 11th March 1998.
2
Interviews held by police officers of persons detained under section 14(1)(a) or (b) of the Prevention of Terrorism (Temporary Provisions) Act 1989 which commence after midnight on 10th March shall be subject to silent video recording in accordance with the code of practice on silent video recording as it has effect for the time being.
Marjorie Mowlam
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
15th February 1998


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Derwentside and Wyre Forest District Councils) Order 1998 and shall come into force on 17th September 1998.
Exemptions of management of sports and leisure facilities
2
1
The management of sports and leisure facilities by the council of the district of Derwentside shall not be treated as a defined activity so long as it is carried out within that district during the period beginning with 17th September 1998 and ending on 31st March 1999.
2
The management of sports and leisure facilities by the council of the district of Wyre Forest shall not be treated as a defined activity so long as it is carried out within that district during the period beginning with 1st October 1998 and ending on 31st March 2000.
Signed by authority of the Secretary of State
Mick Raynsford
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
19th August 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) Partial Revocation Order 1998 and shall come into force on 21st January 1998.
2
In this Order, “the principal Order ” means the Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) Order 1991 .
Partial revocation
2
1
The principal Order is revoked so far as it designates any part of the areas set out in Schedule 1 to this Order.
2
Part II of Schedule 1 to the principal Order shall be amended in accordance with Schedule 2 to this Order.
P J Rycroft
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
6th January 1998


text:
1
This Order may be cited as The A4 Trunk Road (Hounslow) Red Route (Clearway) Traffic Order 1996 Variation (No. 2) Order 1998, and shall come into force on 28th October 1998.
2
The A4 Trunk Road (Hounslow) Red Route (Clearway) Traffic Order 1996 is varied as provided by the following provisions of this Order.
3
The table in Schedule 2 is replaced with the table in the schedule to this order.
4
In Schedule 3D the table is replaced with the following table–
Table
(1) (2) (3) (4) (5) Item Length of Road Restricted Hours Maximum Period of Parking Minimum Interval
1. Great West Road, the north side, between a point 3.5 metres east of a point opposite the party wall of 7 to 12 and 13 to 18 Osterley Court and a point 14.5 metres west of that party wall. At any time 20 minutes None
5
The table in Schedule 3A is replaced with the following table–
Table
(1) (2) (3) (4) (5) Item Length of Road Restricted Hours Maximum Period of Parking Minimum Interval
1. Great West Road, the north side, between a point 1 metre west of the common boundary of Osterley Station and 644 Great West Road and a point 40 metres west of that common boundary. At any time 20 minutes 40 minutes 2. Great West Road, the south side, between a point 40 metres west of the western wall of No. 1 Great West Road and a point 52 metres west of the western wall of No. 1 Great West Road. At any time 2 minutes 20 minutes
6
In the table in Schedule 4B, in column 3 the words “7am to 7pm Monday–Saturday inclusive” are replaced with the words “At any time”.
7
The A4 Trunk Road (Hounslow) Red Route (Clearway) Traffic Order 1996 Variation Order 1998 is hereby revoked.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
14th October 1998


text:
1
1
These Rules may be cited as the Local Elections (Principal Areas) (Amendment) Rules 1998 and shall come into force on 7th April 1998.
2
These Rules do not extend to Scotland or Northern Ireland.
2
In these Rules “the 1986 Rules ” means the Local Elections (Principal Areas) Rules 1986 .
3
In rule 4 (interpretation) of the 1986 Rules —
a
before the words “a county” there shall be inserted “, in England,”, and
b
after the words “London borough” there shall be inserted “and, in Wales, a county or county borough”.
4
1
In rules 5 (application of rules in Schedule 2) and 6 (application of modifications in Schedule 3) of the 1986 Rules, for the words from “section 36(3)” to “Act 1983” there shall be substituted “section 36(3), (3AB) or (3AC) of the Representation of the People Act 1983 ”.
2
For the heading of rule 6 of the 1986 Rules there shall be substituted “ Combination under section 36(3), (3AB) or (3AC) of the Act of 1983 ”.
5
1
Schedule 2 (local elections rules) to the 1986 Rules shall be amended as follows.
2
In rule 15(2) (official mark) of the rules in that Schedule after the word “county,” there shall be inserted “county borough,”.
3
In rule 17(1)(a) (use of schools) of those rules after the word “authority” there shall be inserted “, a grant-maintained school”.
4
In the Appendix of forms at the end of those rules in the forms of nomination paper, candidate’s consent to nomination and form of back of ballot paper, after the words “London borough”, in each place where they occur, there shall be inserted “/county borough”.
6
1
Schedule 3 (modification of rules where polls are combined under section 36(3), (3AB) or (3AC) of the Representation of the People Act 1983) to the 1986 Rules shall be amended as follows.
2
In the heading to the Schedule, for the words from “SECTION” to “REPRESENTATION” there shall be substituted “SECTION 36(3), (3AB) OR (3AC) OF THE REPRESENTATION”.
3
In rule 22(5), as added by paragraph 3 of Schedule 3, for the word “district” there shall be substituted “principal area”.
4
In rule 23(1A), as inserted by paragraph 4 of Schedule 3, for the words from the beginning to “those elections;” there shall be substituted “If the returning officer thinks fit, one ballot box may be used for the polls at both elections;”.
5
In the notice required to be exhibited by rule 23(5), as substituted by paragraph 5 of Schedule 3 , for the words “[ Specify name of the district council ]” there shall be substituted “[ Specify name of principal area ]”.
6
In the modifications made by paragraph 7 of Schedule 3 , for the word “district” there shall be substituted “*[district]*[county]*[county borough]* (delete whichever is inapplicable) ”.
7
In rule 39(2), as substituted by paragraph 15(2) of Schedule 3, for the word “district” there shall be substituted “principal area”.
8
In the modifications made by paragraph 18 of Schedule 3 , for the word “district”, in each place where it occurs, there shall be substituted “principal area”.
7
1
Schedule 4 (modification of rules where polls are combined under section 15(1) or (2) of the Representation of the People Act 1985 ) to the 1986 Rules shall be amended as follows.
2
In the modifications made by paragraph 8 of Schedule 4, after the words “London borough]” there shall be inserted “*[county borough]”.
3
In rule 39(2), as substituted by paragraph 18 of Schedule 4, after the word “London” there shall be inserted “or county”.
4
In the provision inserted by paragraph 24(a) of Schedule 4, after the words “*London borough”, in the first place where they occur, there shall be inserted “/*county borough” and those words are hereby revoked in the second place where they occur.
George Howarth
Parliamentary Under-Secretary of State
Home Office
4th March 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the School Standards and Framework Act 1998 (School Teachers' Pay and Conditions) (Transitional Provisions) Regulations 1998, and shall come into force on 1st September 1998.
2
In these Regulations–
“the 1991 Act ” means the School Teachers' Pay and Conditions Act 1991 ; and
“the 1998 Act ” means the School Standards and Framework Act 1998.
Orders made before 1st September 1998
2
Paragraph 7 of Schedule 32 to the 1998 Act shall apply in the period ending immediately before the appointed day with the following modification, namely sub-paragraph (b) and the word “and” preceding it shall be omitted.
Orders made on or after 1st September 1998
3
The amendment made by section 13 of the 1998 Act shall not affect the operation of section 3 of the 1991 Act, as in force immediately before that amendment comes into force, in relation to the making of an order under the said section 3 pursuant to an application for exemption–
a
made under subsection (1) of that section; and
b
received by the Secretary of State in the period commencing on 1st September 1998 and ending on 31st March 1999.
4
1
Paragraph 7 of Schedule 32 to the 1998 Act shall apply in relation to an order made under section 3 of the 1991 Act by virtue of regulation 3 above with the modifications set out in paragraph (2) of this regulation.
2
The modifications referred to in paragraph (1) of this regulation are that there shall be substituted–
a
in the period ending immediately before the appointed day, for sub-paragraphs (a) and (b), and
b
in the period commencing on the appointed day, for sub-paragraph (a),
the following words or sub-paragraph, as the case may be–
was made by virtue of regulation 3 of the School Standards and Framework Act 1998 (School Teachers' Pay and Conditions) (Transitional Provisions) Regulations 1998
.
Tessa Blackstone
Minister of State,
Department of Education and Employment
27th August 1998


text:
1
1
This Order may be cited as the A34 Trunk Road (Churchbridge) Order 1998 and shall come into force on 12th February 1998.
2
In this Order all measurements of distance are measured along the route of the relevant highway.
2
The new highway (in this Order referred to as “the new trunk road”) which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road from the date when this Order comes into force.
3
The centre line of the new trunk road is indicated by a heavy black line on the plan numbered HA 10/PS/196, marked “The A34 Trunk Road (Churchbridge) Order 1998”, signed by authority of the Secretary of State for the Environment, Transport and the Regions and deposited at the Highways Agency, Project Services, Room 12/27, St. Christopher House, Southwark Street, London SE1 0TE.
4
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclose or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the new trunk road is opened for traffic.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Derek Oddy
Divisional Director, Highways Agency
22nd January 1998


text:
Title, extent and commencement
1
These Regulations may be cited as the Potatoes Originating in Egypt Regulations 1998, shall extend to Great Britain and shall come into force on 1st February 1998.
Interpretation
2
In these Regulations —
“ the Decision ” means Commission Decision 96/301/ EC authorising member States temporarily to take additional measures against the dissemination of Pseudomonas solanacearum (Smith) Smith as regards Egypt as amended by the Commission Decision of 28th January 1998 authorising member States temporarily to take emergency measures against the dissemination of Pseudomonas solanacearum (Smith) Smith as regards Egypt ;
“inspector” means any person authorised to be an inspector for the purposes of the Order ;
“the Minister” means in the application of these Regulations to England the Minister of Agriculture, Fisheries and Food, in their application to Scotland the Secretary of State for Scotland and in their application to Wales the Secretary of State for Wales;
“the Order” means the Plant Health (Great Britain) Order 1993 ;
“originating in Egypt” means grown in Egypt;
“phytosanitary certificate” has the same meaning as in article 2(1) of the Order;
“potato” means any tuber or true seed of Solanum tuberosum L. or other tuber-forming species or hybrid of the genus Solanum L.
Imports of potatoes orginating in Egypt
3
1
No person shall import into Great Britain any potatoes which he knows or has reasonable cause to suspect originated in Egypt unless those potatoes are accompanied by a phytosanitary certificate issued in accordance with the requirements of paragraph 1 of the Annex to the Decision.
2
The requirement imposed by point 25.8 of Section 1 of Part A of Schedule 4 to the Order (an official statement that potatoes originate in areas where Pseudomonas solanacearum (Smith) Smith is not known to occur) shall not apply to imports of potatoes originating in Egypt.
Approval of plants which process potatoes originating in Egypt
4
1
No person shall process any potatoes originating in Egypt other than in a plant which has been approved by the Minister for that purpose.
2
The Minister shall approve processing plants in writing and may suspend or revoke the approval in writing.
3
In this regulation —
“excluded establishment” means a shop, restaurant, canteen, club, public house, school, hospital or similar establishment (including a vehicle or a fixed or mobile stall) where food is packed or prepared for delivery to the final consumer;
“plant” means any premises other than an excluded establishment; and
“process” means the carrying out, in the course of business, of any treatment, including washing.
Powers of an Inspector
5
1
An inspector who has reasonable grounds for suspecting that any person has or will have in his possession potatoes originating in Egypt may exercise any of the powers conferred by articles 22 to 25 of the Order in respect of such potatoes.
2
For the purposes of the Order (including article 33 (offences)), any power exercised by virtue of paragraph (1) above shall be treated as a power exercised under that Order.
Offences
6
1
A person shall be guilty of an offence if, without reasonable excuse, proof of which shall lie on him, he contravenes or fails to comply with regulation 3 (imports of potatoes originating in Egypt) or 4 (approval of plants which process potatoes originating in Egypt) above.
2
A person guilty of an offence under paragraph (1) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
29th January 1998
Sewel
Parliamentary Under Secretary of State, Scottish Office
29th January 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Surrey and Sussex Healthcare National Health Service Trust (Establishment) Order 1998 and shall come into force on 1st April 1998.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st April 1998;
“the trust” means the Surrey and Sussex Healthcare National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is hereby established an NHS trust which shall be called the Surrey and Sussex Healthcare National Health Service Trust.
Functions of the trust
3
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more Health Authorities) shall be: —
a
to own and manage pursuant to section 5(1)(a) of the Act:
i
East Surrey Hospital, Canada Avenue, Redhill, Surrey RH1 5RH,
ii
Crawley Hospital, West Green Drive, Crawley, West Sussex RH11 7DH,
and associated hospitals, and there to provide hospital accommodation and services; and
b
to manage pursuant to section 5(1)(a) of the Act:
i
East Surrey Hospital, Canada Avenue, Redhill, Surrey RH1 5RH,
ii
Crawley Hospital, West Green Drive, Crawley, West Sussex RH11 7DH,
and to own the associated premises, and there to provide community health services.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 executive directors and 5 non-executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1998.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between the establishment date and the operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance by Health Authorities before operational date
7
1
The East Surrey Health Authority shall discharge the liabilities of the trust incurred during the period from and including the establishment date until the operational date that are of a description specified in paragraph (2) of this article.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,Department of Health
10th March 1998


text:
Citation and commencement
1
This Order may be cited as The Railways (Ashford) (Exemptions) Order 1998 and shall come into force on 1st November 1998.
Disapplication of closure provisions
2
The light maintenance depot at Ashford, Kent TN23 1EZ (“the specified depot”) is a light maintenance depot in relation to which section 41 of the Railways Act 1993 (closure of railways facilities used in connection with passenger services) is not to have effect.
3
The network consisting of–
a
the railway lines situated within the specified depot and those running to the specified depot from the junction situated between Ashford International Station and Wye station on the Ashford to Canterbury branch railway line, and
b
any installations associated with any of the track comprised in those railway lines
is a network in relation to which section 39 of the Railways Act 1993 (closure of operational passenger networks) is not to have effect.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
John Reid
Minister of Transport,
Department of the Environment, Transport and the Regions
23rd September 1998


text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Insolvency) (England and Wales) Order 1998 and shall come into force on 20th August 1998.
2
This Order applies to defined authorities in England and Wales only.
3
In this Order —
“the 1985 Act ” means the Bankruptcy (Scotland) Act 1985 ;
“the 1986 Act ” means the Insolvency Act 1986 ;
“the 1989 Order ” means the Insolvency (Northern Ireland) Order 1989 ;
“the 1994 Order ” means the Insolvent Partnerships Order 1994 ;
“the 1995 Order ” means the Insolvent Partnerships Order (Northern Ireland) 1995 ;
“relevant work” means work falling within any of the activities mentioned in section 2(2) of the Local Government Act 1988 .
Exemption
2
1
Relevant work carried out by a defined authority (“the authority in question”) shall not be treated as a defined activity so long as the conditions mentioned in paragraph (2) are fulfilled.
2
The conditions referred to paragraph (1) are —
a
the relevant work is so much of the defined activity as was comprised in the authority’s contract with a contractor who has been, but is no longer, carrying out relevant work for the authority in question;
b
the contractor has stopped carrying out the work by reason of being —
i
a company —
a
in relation to which a voluntary arrangement proposed for the purpose of Part I of the 1986 Act is approved under that Part;
b
in respect of which an administration order under Part II of the 1986 Act is made;
c
in respect of whose property an administrative receiver within the meaning of section 251 of the 1986 Act is appointed;
d
in respect of whose property a receiver or manager within the meaning of section 251 of the 1986 Act is appointed;
e
which passes a resolution for voluntary winding up, within the meaning of section 84(2) of the 1986 Act;
f
in relation to which a winding-up order is made under section 125 of the 1986 Act;
g
in relation to which a voluntary arrangement proposed for the purpose of Part II of the 1989 Order is approved under that Part;
h
in respect of which an administration order under Part III of the 1989 Order is made;
i
in respect of whose property an administrative receiver within the meaning of article 5(1) of the 1989 Order is appointed;
j
in respect of whose property a receiver or manager within the meaning of article 12 of the 1989 Order is appointed;
k
which passes a resolution for voluntary winding up, within the meaning of article 5(1) of the 1989 Order; or
l
in relation to which a winding-up order is made under article 105 of the 1989 Order;
ii
a partnership —
a
in respect of which an administration order is made by virtue of article 6 of the 1994 Order;
b
in relation to which a winding-up order is made by virtue of article 7, 8, 9 or 10 of the 1994 Order;
c
which has granted a trust deed within the meaning of section 5(4A) of the 1985 Act ;
d
where an award of sequestration is made with respect to the estate belonging to or held for or jointly by the members of that partnership, under section 12 of the 1985 Act;
e
in respect of which an administration order is made by virtue of article 6 of the 1995 Order; or
f
in relation to which a winding-up order is made by virtue of article 7, 8, 9 or 10 of the 1995 Order;
iii
an individual —
a
in relation to whom an interim order is made under section 252 of the 1986 Act;
b
in relation to whom a voluntary arrangement proposed for the purpose of Part VIII of the 1986 Act is approved under that Part;
c
in relation to whom a bankruptcy order is made under section 264 of the 1986 Act;
d
who has granted a trust deed within the meaning of section 5(4A) of the 1985 Act;
e
in relation to whose estate an award of sequestration is made under section 12 of the 1985 Act;
f
in relation to whom an interim order is made under article 226 of the 1989 Order;
g
in relation to whom a voluntary arrangement proposed for the purpose of Part VIII of the 1989 Order is approved under that Part; or
h
in relation to whom a bankruptcy order is made under article 238 of the 1989 Order; or
iv
a body corporate, an unincorporated company, a partnership or an individual in relation to which or to whom in any country or territory outside the United Kingdom an order, act or procedure corresponding to any order, act or procedure referred to in paragraph (i), (ii) or (iii) above is made or carried out; and
c
not more than 12 months has elapsed since the day on which the contractor ceased to carry out relevant work for the authority in question.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
22nd July 1998


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


text:
1
This Order may be cited as the Finance Act 1998 (Commencement No. 1) Order 1998.
2
The provisions of paragraphs 3 to 14 of Schedule 1 to the Finance Act 1998 shall come into force in relation to licences issued on or after 1st January 1999.
Signed by authority of the Secretary of State
Larry Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
9th December 1998


text:
Citation and commencement
1
1
This Order may be cited as the County Borough of Rhondda Cynon Taff (Electoral Arrangements) Order 1998.
2
This Order shall come into operation on 6th May 1999 except that for the purposes of all proceedings preliminary or relating to an election to be held on or after that day, it shall come into force immediately.
Electoral divisions
2
1
The existing electoral divisions of the County Borough of Rhondda, Cynon, Taff shall be abolished and the County Borough shall be divided into 52 electoral divisions which shall bear the names set out in column (1) of the Schedule to this Order, and each such electoral division shall comprise the area specified opposite thereto in column (2) of that Schedule.
2
The number of councillors to be returned for each such electoral division shall be the number specified opposite thereto in column (3) of the Schedule to this Order.
Registry of local government electors
3
The registration officer shall make such re-arrangement or adaptation of the register of local government electors as may be necessary on account of the coming into force of this Order.
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
23rd November 1998


text:
Commencement and citation
1
This Order may be cited as The A41 Trunk Road (Camden) Red Route Traffic Order 1998, and shall come into force on 4th May 1998.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column (2) of the table in schedule 1;
f
“vehicle” includes part of a vehicle;
g
an entry in column (3) , (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule;
h
“bus” has the meaning given by regulation 22(2) of the Traffic Signs Regulations and General Directions 1994 ;
i
“bus stop” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stop”;
j
“bus stand” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stand”; and
k
“London Regional Transport” has the meaning given by the London Regional Transport Act 1984 .
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Buses: The controls specified in article 3(1) do not apply in respect of a person causing a bus to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3 (1) and (2) do not apply in respect of a person causing:
a
a bus to stop at a bus stop for as long as may be required to enable passengers to board or alight; or
b
a bus to stop at a bus stop or a bus stand and being used for operational reasons in the course of providing a London bus service (as defined in section 34 of the Transport Act 1985 ) under an agreement with London Regional Transport or training drivers to allow such a service to be provided.
2
In this article “operational reasons” means:
i
to enable passengers to board and alight;
ii
to enable crew changes to take place;
iii
to maintain the scheduled timetable subject, in the case of a bus stop, to a maximum wait of two minutes.
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
10
1
The A41 Trunk Road (Camden) Red Route Experimental (No.2) Traffic Order 1997 , the A41 Trunk Road (Camden) Red Route Experimental (No.2) Traffic Order 1997 Variation Order 1997 and the A41 Trunk Road (Camden) Red Route Experimental (No.2) Traffic Order 1997 Variation (No.2) Order 1997 are hereby revoked.
2
The Camden (Waiting and Loading Restrictions) (No.2) Order 1993 is hereby revoked, in so far as its provisions relate to any part of the trunk road red route.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
21st April 1998


text:
1
These Regulations may be cited as the Street Works (Inspection Fees) (Amendment) Regulations 1998 and shall come into force on 1st May 1998.
2
In regulation 3(1) of the Street Works (Inspection Fees) Regulations 1992 for the figure of “£12.50” there shall be substituted “£14.50”.
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
1st April 1998
Signed by authority of the Secretary of State for Wales
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
7th April 1998


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (Borough of Luton) Order 1998 and shall come into force on 19th January 1999.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the Borough of Luton.
Designation of permitted parking area and special parking area
3
The Secretary of State hereby designates the parking area as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
4
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
5
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Glenda Jackson
Parliamentary Under Secretary of State,Department of the Environment, Transport and the Regions
19th December 1998


text:
1
1
This Scheme may be cited as the Injuries in War (Shore Employments) Compensation (Amendment) Scheme 1998.
2
The Injuries in War (Shore Employments) Compensation Schemes 1914 to 1997 and this Scheme may be cited together as the Injuries in War (Shore Employments) Compensation Schemes 1914 to 1998.
2
In paragraph (3) of the Injuries in War (Shore Employments) Compensation Scheme 1914 for “£107.20”, wherever it appears, there shall be substituted “£111.10”.
3
This Scheme shall have effect as from 6th April 1998, so, however, that no payment shall be made under it in respect of any period before that date.
Richard Mottram
Lord Gilbert
Members of the Defence Council
4th March 1998
We consent,
Graham Allen
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
6th March 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of East Hertfordshire (Electoral Changes) Order 1998.
2
This Order shall come into force on 6th May 1999, except that for the purpose of all proceedings preliminary or relating to an election to be held on or after that date this Order shall come into force on the day after that on which it is made.
3
In this Order–
“the district” means the district of East Hertfordshire;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to “the map” is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the District of East Hertfordshire (Electoral Changes) Order 1998”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ;
and any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of East Hertfordshire
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into thirty wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes, or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or other similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Bishop’s Stortford
3
1
The existing wards of the parish of Bishop’s Stortford shall be abolished.
2
The parish shall be divided into five parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Hertford
4
1
The existing wards of the parish of Hertford shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Hertford Bengeo, Hertford Castle, Hertford Kingsmead and Hertford Sele and each parish ward shall comprise the area of the ward of the district bearing the same name and the number of councillors to be elected for each parish ward shall be four.
Wards of the parish of Standon
5
1
The existing wards of the parish of Standon shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Colliers End, Puckeridge and Standon and the wards shall comprise the areas designated on sheet 7 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Colliers End, Puckeridge and Standon parish wards shall be one, six and three respectively.
Wards of the parish of Stanstead St Margarets
6
The parish of Stanstead St Margarets shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the district ward specified in respect of that parish ward in column (2) of that Schedule and the number of councillors to be elected for each parish ward shall be the number specified in respect of that parish ward in column (3) of that Schedule.
Wards of the parish of Tewin
7
The parish of Tewin shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 4; each parish ward shall comprise the area of the district ward specified in respect of that parish ward in column (2) of that Schedule and the number of councillors to be elected for each parish ward shall be the number specified in respect of that parish ward in column (3) of that Schedule.
Wards of the parish of Thorley
8
The parish of Thorley shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 5; each parish ward shall comprise the area of the district ward specified in respect of that parish ward in column (2) of that Schedule and the number of councillors to be elected for each parish ward shall be the number specified in respect of that parish ward in column (3) of that Schedule.
Wards of the parish of Ware
9
1
The existing wards of the parish of Ware shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Ware Chadwell, Ware Christchurch, Ware St Mary’s and Ware Trinity and each parish ward shall comprise the area of the ward of the district bearing the same name.
3
The number of councillors to be elected for the Ware Chadwell ward shall be two and for each of the Ware Christchurch, Ware St Mary’s and Ware Trinity wards shall be three.
Revocation
10
The District of East Hertfordshire (Electoral Arrangements) Order 1976 is hereby revoked.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
16th October 1998


text:
Citation and commencement
1
These Regulations may be cited as the Town and Country Planning General (Amendment) Regulations 1998, and shall come into force on 15th December 1998.
Effect of planning permission: exclusion of certain interested authorities
2
After regulation 9 of the Town and Country Planning General Regulations 1992 , insert–
Exclusion of certain authorities from regulation 9 — England
9A
Regulation 9 shall not apply where, in England, the interested planning authority is–
a
the council of a district for which there is no county council;
b
the council of a county in which there are no district councils; or
c
the council of a London borough.
Exclusion of certain authorities from regulation 9 — Wales
9B
Regulation 9 shall not apply where, in Wales, the interested planning authority is–
a
the council of a county; or
b
the council of a county borough.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Richard Caborn
Minister of State,
Department of Environment, Transport and the Regions
10th November 1998
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
13th November 1998


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Basildon, Derwentside and Salisbury District Councils) Order 1998 and shall come into force on 1st April 1998.
Exemption of activities carried out by Basildon District Council
2
The following activities carried out by the council of the district of Basildon shall not be treated as defined activities so long as they are carried out for Vange Community Housing Limited during the period beginning with 1st April 1998 and ending on 31st March 1999:
housing management ;
maintenance of ground ;
legal services ; and
construction and property services .
Exemption of managing sports and leisure facilities carried out by Derwentside District Council
3
The management of sports and leisure facilities by the council of the district of Derwentside shall not be treated as a defined activity so long as it is carried out within that district during the period beginning with 1st April 1998 and ending on 31st August 1998.
Exemption of cleaning of buildings carried out by Salisbury District Council
4
The cleaning of buildings by the council of the district of Salisbury shall not be treated as a defined activity so long as it is carried out at the Friary Estate or the Bemerton Heath Housing Estate in that district during the period beginning with 1st April 1998 and ending on 31st March 1999.
Signed by authority of the Secretary of State
Nick Raynsford
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
11th March 1998


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


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the New Deal (Miscellaneous Provisions) Order 1998 and shall come into force on 2nd March 1998.
2
In this Order, unless the context otherwise requires —
“the New Deal” means the arrangements known by that name and made under section 2 of the 1973 Act for which only persons who are aged 18 years or over and less than 26 years immediately prior to entry are eligible and which are designed to help New Deal Participants to obtain work or to improve their prospects of obtaining work;
“the New Deal Components” means any of the following, that is to say, the programmes of employment or employment-related training under the New Deal known individually as “the Full-time Education and Training Option”, “the Voluntary Sector Option” and “the Environment Task Force Option”;
“training allowance” means a payment made directly by the Secretary of State to a New Deal Participant in connection with his participation in one or more of the New Deal components;
and a person is, or, as the case may be, was, at any material time, a “New Deal Participant”if he is, or, as the case may be, was, at that time, using facilities provided for him in pursuance of one or more of the New Deal Components.
Treatment of persons and payments for the purposes of the Social Security Contributions and Benefits Act 1992, the Jobseekers Act 1995 and specified subordinate legislation
2
For the purposes of —
a
Part I of the Social Security Contributions and Benefits Act 1992 ,
b
the Jobseekers Act 1995 and
c
the subordinate legislation specified in the Schedule to this Order,
if, for any period or periods commencing with or falling after the date on which this Order comes into force, during which a person is a New Deal Participant, that person receives, or is eligible to receive, a training allowance, he is to be treated for that period or those periods and in respect of his participation as not being employed but as participating in arrangements for training under section 2 of the 1973 Act; and accordingly any payment made to such a person during that period or those periods in connection with his use of facilities shall be treated in the same manner as a payment of training allowance made in respect of such training.
Signed by order of the Secretary of State
Andrew Smith
Minister of State,
Department for Education and Employment
6th February 1998


text:
Citation and commencement
1
These Regulations may be cited as the Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 1998 and shall come into force on 15th May 1998.
Interpretation
2
In these Regulations, unless the context requires otherwise:
“ GT ” means gross registered tonnage, and the gross registered tonnage of a ship having alternative gross registered tonnages shall be taken to be the larger of those tonnages;
“ MCA ” means the Maritime and Coastguard Agency, an executive agency of the Department of the Environment, Transport and the Regions;
“National Contingency Plan” means the national plan for pollution emergencies prepared by the Secretary of State pursuant to section 293(2)(za) of the Merchant Shipping Act 1995 ;
“offshore installation” means any fixed or floating offshore installation or structure engaged in gas or oil exploration or production activities, or loading or unloading of oil;
“oil” means petroleum in any form including crude oil, fuel oil, sludge, oil refuse and refined products;
“oil handling facility” means a facility which presents a risk of an oil pollution incident and includes, inter alia, an oil terminal, pipeline and any other facility handling oil but does not include an offshore installation;
“oil pollution emergency plan” means a contingency plan (other than the National Contingency Plan) setting out arrangements for responding to incidents which cause or may cause marine pollution by oil, with a view to preventing such pollution or reducing or minimising its effect;
“oil pollution incident” means an occurrence or series of occurrences having the same origin, which results or may result in a discharge of oil and which poses or may pose a threat to the marine environment, or to the coastline or related interests of the United Kingdom and which requires emergency action or other immediate response;
“operator” means, in relation to an oil handling facility a person having, for the time being, the management of such facility in the United Kingdom, and in relation to an offshore installation, includes any person having the management of the installation;
“standard reporting requirements” means the requirements stated in —
part 2 (Standard Reporting Format and Procedures); and
sections 3.1, 3.2 and 3.3 of part 3 (Guidelines for Detailed Reporting Requirements);
of the Appendix to the Annex to Resolution A. 648(16) adopted by the Assembly of the International Maritime Organization on 19th October 1968;
“United Kingdom ship” has the meaning given by section 85(2) of the Merchant Shipping Act 1995.
Application
3
1
In their application to harbours and oil handling facilities these Regulations apply to:
a
any harbour for which there is a statutory harbour authority having an annual turnover, as defined in the Schedule hereto, of more than £1 million;
b
any other harbour, and any oil handling facility, offering berths alongside, on buoys or at anchor, to ships of over 400 GT or oil tankers of over 150 GT;
c
any other harbour, and any oil handling facility, in respect of which the Secretary of State has served the harbour authority or operator (as the case may be) with a notice stating that he is of the opinion that maritime activities are undertaken at that harbour or facility which involve a significant risk of discharge of over 10 tonnes of oil; and
d
any other harbour or oil handling facility in respect of which the Secretary of State has served the harbour authority or operator (as the case may be) a notice stating that he is of the opinion that it is located in an area of significant environmental sensitivity, or in an area where a discharge of oil or other substances could cause significant economic damage.
2
In their application to offshore installations, these Regulations apply to every offshore installation in United Kingdom waters and in any area designated under the Continental Shelf Act 1964 .
Oil pollution emergency plans
4
1
Every —
a
harbour authority of a harbour to which these Regulations apply;
b
operator of an oil handling facility to which these Regulations apply; and
c
operator of an offshore installation to which these Regulations apply,
shall have an oil pollution emergency plan in accordance with this regulation.
2
There shall be a separate plan for each harbour, oil handling facility and offshore installation except that:
a
there may be joint plans between harbour authorities and operators of oil handling facilities, within an area;
b
there may be joint plans in respect of offshore installations and oil handling facilities which are pipelines associated with that installation.
3
a
Subject to paragraphs (4) and (7) below, within 15 months of the coming into force of these Regulations every harbour authority and every operator shall submit an oil pollution emergency plan relating to its harbour or oil handling facility or offshore installation, as the case may be, to the MCA for approval.
b
In preparing an oil pollution emergency plan a harbour authority or operator shall take into account any guidance issued by the MCA.
4
a
Where, after the coming into force of these Regulations:
i
a harbour comes into being;
ii
an oil handling facility comes into being; or
iii
in respect of an offshore installation activities are commenced on the site of drilling for, or production of oil,
paragraph (3) above shall apply so as to require the submission of a plan at least two months before:
aa
such harbour or oil handling facility comes into being, or as the case may be
bb
activities are commenced in respect of an offshore installation.
b
In relation to a harbour referred to in sub-paragraph (a)(aa) above, where there is no harbour authority at that time, paragraph (3) above shall apply so as to require submission of a plan by the promoter of the proposed harbour.
5
a
Every harbour authority and every operator shall fully review its oil pollution emergency plan no later than 5 years after submission of the plan in accordance with paragraph (3) or (4) above, as the case may be, and re-submit a plan within that period.
b
Where any major change occurs which affects or could affect the validity or effectiveness of a plan to a material extent then the harbour authority or operator in question shall submit a new plan, or amendments to the existing plan, within 3 months of such change becoming known, to that authority or operator.
6
Where the MCA consider that any plan or amendment submitted under paragraph (3), (4) or (5) above is:
i
not compatible with the National Contingency Plan for the time being in force; or
ii
not appropriate for dealing with oil pollution incidents which may occur in the area in which the harbour authority or operator has jurisdiction or exercises responsibility,
the MCA may, after consultation with the harbour authority or operator, direct that the plan shall be altered accordingly. It shall be the duty of the harbour authority or operator to alter the plan in accordance with any such direction.
7
In relation to offshore installations and oil handling facilities which are pipelines this regulation shall apply with the substitution, for any reference to the MCA, of a reference to the Secretary of State for Trade and Industry.
8
It shall be the duty of every operator and every harbour authority to implement its oil pollution emergency plan approved or altered under this regulation in the event of an oil pollution incident.
Reporting of incidents: ships and offshore installations
5
1
The master of a United Kingdom ship, when —
a
his ship is in United Kingdom waters or controlled waters, and
b
when his ship is elsewhere,
who observes or otherwise becomes aware of any event involving discharge of oil at sea from another ship or from an offshore installation, shall report it without delay —
i
in the circumstances at sub-paragraph (a) above, to HM Coastguard; and
ii
in the circumstances at sub-paragraph (b) above, to the nearest coastal state.
2
An individual having charge of an offshore installation or an oil handling facility which is pipeline who observes or otherwise becomes aware of any event involving discharge of oil at sea from another installation or a ship shall without delay report it to HM Coastguard.
3
In this regulation “controlled waters” means water specified as areas within which the jurisdiction and rights of the United Kingdom are exercisable by the Merchant Shipping (Prevention of Pollution) (Limits) Regulations 1996 .
Reporting of incidents: harbour authorities and oil handling facilities
6
1
A harbour master, or other individual having charge of a harbour, and any individual having charge of an oil handling facility (except those which are pipelines), who observes or is made aware of any event involving a discharge of or probable discharge of oil, or the presence of oil in the sea shall without delay report the event, or the presence of oil, as the case may be, to HM Coastguard.
2
A report under this regulation shall so far as appropriate as to form and content comply with the standard reporting requirements.
Offences
7
1
Any harbour authority or any operator of an offshore installation or of an oil handling facility who without reasonable cause:
a
fails to submit or re-submit an oil pollution emergency plan in accordance with regulation 4(3), (4) or (5);
b
does not maintain an oil pollution emergency plan, as approved (with alterations directed by the MCA or the Secretary of State, as the case may be, if so directed) under regulation 4(5) to (7); or
c
fails to implement its oil pollution emergency plan in contravention of regulation 4(8),
shall be guilty of an offence punishable on summary conviction by a fine not exceeding the statutory maximum or on conviction on indictment by a fine.
2
Any person required to make a report under regulation 5 or 6, as the case may be who, without reasonable cause, fails to comply with that requirement in all respects shall be guilty of an offence punishable on summary conviction by a fine not exceeding the statutory maximum or on conviction on indictment by a fine.
Inspection of offshore installations
8
Any person duly authorised by the Secretary of State may inspect any offshore installation or oil handling facilities which are pipelines to which these Regulations apply.
Signed by authority of the Secretary of State for Environment, Transport and the Regions
Glenda Jackson
Parliamentary Under Secretary of State,Department of the Environment, Transport and the Regions
16th April 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Renewal Grants (Prescribed Form and Particulars) (Welsh Form and Particulars) Regulations 1998 and shall come into force on 1st April 1998.
2
In these Regulations “the principal Regulations ” means the Housing Renewal Grants (Prescribed Form and Particulars) Regulations 1996 .
Forms of application for grant
2
The form set out in the Schedule to these Regulations is hereby prescribed as a version in Welsh which may be used instead of the corresponding form in the Schedule to the principal Regulations for the purposes set out in regulation 2 of the principal Regulations.
Particulars for application for grant
3
The particulars prescribed under section 2(2)(d) of the Housing Grants, Construction and Regeneration Act 1996 in respect of any application falling within regulation 2 are the particulars required for that application by the form set out in the Schedule.
Application of Regulations
4
These Regulations shall not have effect in relation to applications for a grant made before 1st April 1998.
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
26th February 1998


text:
1
This Order may be cited as the Water (Prevention of Pollution) (Code of Practice) Order 1998 and shall come into force on 22nd January 1999.
2
The Ministers approve the Code of Good Agricultural Practice for the Protection of Water dated October 1998, also known as “The Water Code Revised 1998” (including an erratum slip dated November 1998) , which was issued by them and a copy of which was deposited in each House of Parliament on 2nd December 1998–
a
to give practical guidance to persons engaged in agriculture with respect to activities that may affect controlled waters ; and
b
to promote what appear to them to be desirable practices by such persons for avoiding or minimising the pollution of any such waters.
3
The Water (Prevention of Pollution) (Code of Practice) Order 1991 is revoked.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
9th December 1998
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under-Secretary of State, Welsh Office
7th December 1998


text:
Citation and commencement
1
This Order may be cited as the Bradford Community Health National Health Service Trust (Establishment) Amendment Order 1998 and shall come into force on 6th July 1998.
Amendment of Establishment Order
2
For Article 3 of the Bradford Community Health National Health Service Trust (Establishment) Order 1991 there shall be substituted the following Article: —
Nature and functions of the trust
3
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more Health Authorities) shall be —
a
to own and manage pursuant to section 5(1)(a) of the Act Leeds Road Hospital, Maudsley Street, Bradford BD3 9LH and associated premises, and from there to provide and manage community health services; and
b
to provide and manage pursuant to section 5(1)(b) of the Act Horton Park Avenue Centre, Horton Park Avenue, Bradford and from there to provide and manage community health services.
.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,
Department of Health
23rd June 1998


text:
Citation, commencement and application
1
1
This Order may be cited as the Comhairle nan Eilean Siar (Electoral Arrangements) Order 1998 and shall come into force on 1st January 1999.
2
This Order shall apply only for the purposes of elections to be held after 30th April 1999.
Interpretation
2
In the Schedule to this Order–
a
a reference to–
i
an electoral ward is a reference to that electoral ward as constituted in this Order; and
ii
a road, footpath, railway line, river, burn or canal shall, where the context so admits, be construed as a reference to the centre line of the feature concerned; and
b
the following abbreviations are used:–
“EW” for electoral ward;
“NG Ref” for National Grid Reference as published on Ordnance Survey Maps.
Electoral arrangements
3
The area of Comhairle nan Eilean Siar shall be divided into 31 wards, having the names, contents and boundaries set forth in the Schedule to this Order.
Revocation
4
The Western Isles Islands Area (Electoral Arrangements) Order 1992 is hereby revoked.
Henry B McLeish
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
21st December 1998


text:
Citation and commencement
1
This Order may be cited as the Humber Bridge (Debts) Order 1998 and shall come into force on 19th August 1998.
Waiver of Debts
2
1
The sums specified in paragraph (2) below which would but for the provisions of this Order otherwise be payable to the Secretary of State for the Environment, Transport and the Regions shall cease to be payable.
2
The sums referred to in paragraph (1) are the amounts of principal and interest due to the Secretary of State under the terms of agreements dated 29th March 1972 and 1st July 1998 made between him and the Humber Bridge Board pursuant to section 5(3) of the Humber Bridge Act 1971 as are more particularly described in the Schedule to this Order.
Signed by the authority of the Secretary of State for the Environment, Transport and the Regions
Helene Hayman
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
22nd July 1998
We consent
James Dowd
Jon Owen Jones
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd July 1998


text:
1
The length of trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan, shall cease to be a trunk road and become an unclassified road as from the date on which this Order comes into force.
2
In this Order:–
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan numbered HA10/2/WO 125 marked The Swansea–Manchester Trunk Road (A483) (Llandovery County Primary School Layby Detrunking) Order 1998 signed by authority of the Secretary of State and deposited at the Welsh Office Repository, Curran Embankment, Cardiff;
ii
“the trunk road” means the Swansea–Manchester Trunk Road (A483).
3
This Order shall come into force on 16th December 1998 and may be cited as The Swansea–Manchester Trunk Road (A483) (Llandovery County Primary School Layby Detrunking) Order 1998.
Signed by authority of the Secretary of State for Wales
D. M. Timlin
Head of Roads Administration Division, Welsh Office
20th November 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Swansea (1999) National Health Service Trust (Establishment) Order 1998 and shall come into force on 4th January 1999.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 4th January 1999;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means Swansea (1999) National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called Swansea (1999) National Health Service Trust or Ymddiriedolaeth Gwasanaeth Iechyd Gwladol Abertawe (1999).
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions shall be to own and manage —
a
Morriston Hospital, Morriston, Swansea SA6 6NL,
b
Singleton Hospital, Sketty, Swansea SA2 8QA,
c
Cefn Coed Hospital, Waunarlwydd Road, Cockett, Swansea SA2 0GH,
d
Central Clinic, 21 Orchard Street, Swansea SA1 5BE,
and associated hospitals and premises, and there to provide and manage hospital accommodation and services and community health services.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 7 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act, one of the non-executive directors shall be appointed from the University of Wales.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1999.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
1
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by Health Authorities before operational date
7
1
Morgannwg Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (2) of this article.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
Restriction on disposal of assets
8
1
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
16th December 1998