text:
1
This Order may be cited as the Government of Wales Act 1998 (Commencement No. 1) Order 1998.
2
In this Order, references to “the Act” are to the Government of Wales Act 1998.
3
The date of 2nd September 1998 is appointed for the coming into force of the following provisions of the Act —
Section 130(4) and (5) (transfer of Development Board for Rural Wales staff).
Section 132(1) and (6) (preparatory work for winding-down of Development Board for Rural Wales).
Section 133(3) and (4) (Development Board for Rural Wales — consequential etc. provisions).
Section 136(4) and (5) (transfer of Land Authority for Wales Staff).
Section 138(1) and (6) (preparatory work for winding-down of Land Authority for Wales).
Section 139(3) and (4) (Land Authority for Wales — consequential etc. provisions).
Section 140(5) and (6) (transfer of Housing for Wales staff).
Section 142(1), (7) and (8) (preparatory work for winding-down of Housing for Wales).
Section 143(3) and (4) (Housing for Wales — consequential etc. provisions).
Section 150 (abolition of Residuary Body for Wales).
Schedule 18 Part VII and section 152 so far as relating thereto (repeals relating to Residuary Body for Wales).
4
The date of 1st October 1998 is appointed for the coming into force of the following provisions of the Act —
Sections 126 to 128 including all provisions of Schedules 13 and 14 (extension of functions of Welsh Development Agency).
Section 129 including all provisions of Schedule 15, and section 130(1) to (3) (cessation of functions and transfer of property etc. of Development Board for Rural Wales).
Section 131 (Development Board for Rural Wales — transitional provisions).
Section 132(2) to (5) and (7) (winding-down of Development Board for Rural Wales).
Section 133(1) and (2) (abolition of Development Board for Rural Wales).
Section 134, 135 and 136(1) to (3) (Land Authority for Wales — cessation of functions, consequential amendment and transfer of property etc.).
Section 137 (Land Authority for Wales — transitional provisions).
Section 138(2) to (5) and (7) (winding-down of Land Authority for Wales).
Section 139(1) and (2) (abolition of Land Authority for Wales).
Schedule 18 Parts III to V and section 152 so far as relating thereto (repeals relating to Welsh Development Agency, Development Board for Rural Wales and Land Authority for Wales).
5
The date of 1st November 1998 is appointed for the coming into force of the following provisions of the Act —
Section 140(1) to (4) including all provisions of Schedule 16, and section 141 (Housing for Wales — transfer of functions and transitional provisions).
Section 142(2) to (6) (winding-down of Housing for Wales).
Section 143(1) and (2) (abolition of Housing for Wales).
Schedule 18 Part VI and section 152 so far as relating thereto (repeals relating to Housing for Wales).
Ron Davies
Secretary of State for Wales
1st September 1998


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Council Tax Limitation (Derbyshire County Council) (Maximum Amount) Order 1998 and shall come into force on the day after the day on which it is made.
Maximum amount
2
The amount which the amount calculated by the council of the county of Derbyshire as its budget requirement for the financial year beginning in 1998 is not to exceed is £471,657,000, which amount does not exceed the amount already calculated by that authority as its budget requirement for that year.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
17th June 1998


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


text:
Citation and commencement
1
1
This Order may be cited as the County of Flintshire (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 of Flintshire shall be abolished and the County shall be divided into 57 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.
3
Where a boundary is described in the Schedule to this Order as running along a road, railway line, footway, waterway or other similar geographical feature, it shall be treated as running along the centre line thereof.
Register of local government electors
4
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:
1
This Order may be cited as the High Peak College, Buxton (Dissolution) Order 1998 and shall come into force on 1st August 1998.
2
On 1st August 1998 the corporation shall be dissolved and all of its property, rights and liabilities shall be transferred to the University of Derby.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the corporation immediately before 1st August 1998 as if the references in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st August 1998;
c
to the transferor were to the corporation; and
d
to the corporation were to the University of Derby.
Tessa Blackstone
Minister of State,
Department for Education and Employment
7th July 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Hairmyres and Stonehouse Hospitals National Health Service Trust (Establishment) Amendment Order 1998 and shall come into force on 18th March 1998.
2
In this Order “the principal Order ” means the Hairmyres and Stonehouse Hospitals National Health Service Trust (Establishment) Order 1993 .
Amendment of Article 3 of the principal Order
2
For article 3 of the principal Order there shall be substituted the following:–
3
1
The trust is established for the purposes 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 the existing and where appropriate new hospital establishments or facilities known as Hairmyres Hospital, East Kilbride and Stonehouse Hospital, Stonehouse and establishments associated with those hospitals, including management of the facilities provided at and from those establishments, and also including the management of any teaching and research facilities associated with these establishments and the support services related thereto.
.
Sam Galbraith
Minister for Health Scottish Office
St Andrew’s House,
Edinburgh
13th March 1998


text:
Citation and commencement
1
This Order may be cited as the Frenchay Healthcare National Health Service Trust (Establishment) Amendment Order 1998 and shall come into force on 14th December 1998.
Amendment of Establishment Order
2
In the Frenchay Healthcare National Health Service Trust (Establishment) Order 1991 :–
a
for Article 3 there shall be substituted the following Article:–
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be:–
a
to own and manage pursuant to section 5(1)(a) of the Act hospital accommodation and services provided at the premises specified in Part I of the Schedule to this Order;
b
to provide and manage pursuant to section 5(1)(b) of the Act hospital accommodation and services at any or all of the premises specified in Part II of the Schedule to this Order and at any other premises which are for the time being associated with any of those premises;
c
to manage pursuant to section 5(1)(a) of the Act community health services provided from the premises specified in Part III of the Schedule to this Order and to own the associated premises; and
d
to manage pursuant to section 5(1)(b) of the Act community health services provided from the premises specified in Part IV of the Schedule to this Order and to provide the associated premises.
; and
b
at the end of that Order there shall be added the Schedule set out in the Schedule to this Order.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,
Department of Health
2nd December 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Medicines (Pharmacy and General Sale — Exemption) Amendment Order 1998 and shall come into force on 13th February 1998.
2
In this Order, “the principal Order ” means the Medicines (Pharmacy and General Sale — Exemption) Order 1980 .
Amendment of Schedule 1 to the principal Order
2
After the paragraph numbered 1 in each of Columns 1, 2 and 3 of Part I of Schedule 1 to the principal Order there is inserted the paragraph numbered 1A as it appears in the corresponding column of the Schedule to this Order.
Signed by authority of the Secretary of State for Health
Jay
Minister of State,
Department of Health
16th January 1998
Win Griffiths
Parliamentary Under Secretary of State
The Welsh Office
23rd January 1998
Sam Galbraith
Parliamentary Under Secretary of State
The Scottish Office
20th January 1998
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on
D. C. Gowdy
Permanent Secretary
19th January 1998


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Local Authorities (Members' Allowances) (Amendment) (No. 2) Regulations 1998 and shall come into force on 1st April 1998.
Increase of allowances
2
1
The Local Authorities (Members' Allowances) Regulations 1991 are amended as follows.
2
In regulation 18(1) (attendance allowance) for “£27.70” there is substituted, in respect of an approved duty performed on or after 1st April 1998, “£28.62”.
3
In regulation 18(2) (financial loss allowance), in respect of an approved duty performed on or after 1st April 1998 —
a
in paragraph (a) for “£23.96” there is substituted “£25.06”, and
b
in paragraphs (b) and (c), for “£47.92” there is substituted “£50.13”.
Revocations
3
The Regulations specified in the first column of the following table are revoked to the extent specified in the third column.
TABLE
Regulations revoked References Extent of revocation
The Local Authorities (Members' Allowances) (Amendment) Regulations 1995 S.I. 1995/553 Regulation 5(1), (3) and (4) The Local Authorities (Members' Allowances) (Amendment) Regulations 1996 S.I. 1996/469 Regulation 4(1), (3) and (4) The Local Authorities (Members' Allowances) (Amendment) Regulations 1997 S.I. 1997/589 With the exception of regulation 2(2), the whole instrument.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
2nd March 1998
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State,Welsh Office
3rd March 1998


text:
1
This Order may be cited as the A4 Trunk Road (Colnbrook By-pass, Tarmac Way and Stanwell Moor Road, Hillingdon) (Prohibition of U-Turn) Order 1998 and shall come into force on 25th February 1998.
2
In this Order:
“Tarmac Way” and
“Stanwell Moor Road” mean the roads of those names in the London Borough of Hillingdon, and
“The Trunk Road” mean that length of the A4 Trunk Road in the London Borough of Hillingdon known as Colnbrook By-pass.
3
Save as provided in Article 4 below, no person shall cause or permit any vehicle–
a
on entering the trunk road from the southbound carriageway of Tarmac Way to make a U-turn so as to proceed in the opposite direction;
b
proceeding in either the eastbound or westbound carriageway of the trunk road to make a U-turn at the junction with Tarmac Way so as to proceed in the opposite direction; or
c
on entering the trunk road from the northbound carriageway of Stanwell Moor Road to make a U-turn so as to proceed in the opposite direction.
4
Nothing in article 3 above shall apply to–
a
any vehicle being used for Police, Fire Brigade or Ambulance purposes; or
b
anything done at the direction of, or with the permission of a constable in uniform a traffic warden.
Signed by authority of the Secretary of State for the Environment,Transport and the Regions.
A. R. Mellors
A Grade 7 Officer Highways Agency London Network Customer Services Division
23rd February 1998


text:
Citation and commencement
1
These Regulations may be cited as the Combined Fire Authorities (Secure Tenancies) (England) Regulations 1998, and shall come into force on 8th October 1998.
Interpretation
2
In these Regulations “the 1947 Act ” means the Fire Services Act 1947 , and “combination scheme” means a combination scheme under that Act.
Secure tenancies
3
1
Where, by virtue of section 18(3) of the Local Government Act 1992, an order under section 17 of that Act provides, or has provided–
a
that, subject to any combination scheme, a district is to become the area of a fire authority for the purposes of the 1947 Act; or
b
that, for the purposes of the making of any combination scheme, the area of a district is to be treated as an area which would become the area of a fire authority by virtue of the order;
paragraph (2) below shall apply in relation to a combined fire authority constituted by a combination scheme which includes such an area.
2
A combined fire authority constituted by such a combination scheme shall, for the purposes of the application of section 80 of the Housing Act 1985 (the landlord conditions), be treated as if it were a local authority.
George Howarth
Parliamentary Under-Secretary of State
Home Office
5th September 1998


text:
Citation and commencement
1
These Regulations may be cited as the Welfare Food (Amendment) Regulations 1998 and shall come into force on 6th April 1998.
Amendment of regulation 7 of the Welfare Food Regulations 1996
2
In regulation 7(1) of the Welfare Food Regulations 1996 (purchase of dried milk at a reduced price) for “£3.75” there shall be substituted “£3.85”.
Frank Dobson
One of Her Majesty’s Principal Secretaries of State,
Department of Health
11th March 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the General Optical Council (Membership) Order of Council 1998 and shall come into force on 1st January 1999, except for article 3 which shall come into force on 1st January 2002.
2
In this Order, “ the Act ” means the Opticians Act 1989.
Alterations in the membership of the General Optical Council in 1999
2
1
The alterations in the membership of the Council reflected in the amendments of Schedule 1 to the Act set out in paragraph (2) shall have effect from 1st January 1999.
2
Schedule 1 to the Act shall be amended as follows–
a
in paragraph 1(a) for “six” there shall be substituted “nine”;
b
in paragraph 1(d) for “six” there shall be substituted “five”;
c
in paragraph 1(e) for “six” there shall be substituted “four”;
d
in paragraph 4–
i
in paragraph (a), for “three” there shall be substituted “two” and for “the British College of Optometrists” there shall be substituted “the College of Optometrists”, and
ii
for paragraph (c) there shall be substituted–
c
one, who shall be a person engaged in the education or examination of persons training as ophthalmic opticians, shall be nominated jointly by–
i
the Anglia Polytechnic University;
ii
the University of Aston;
iii
the University of Bradford;
iv
the City University;
v
the Glasgow Caledonian University;
vi
the University of Manchester Institute of Science and Technology;
vii
the University of Ulster; and
viii
the University of Wales, Cardiff.
;
e
for paragraph 5 there shall be substituted–
5
The four registered medical practitioners on the Council shall be ophthalmologists and shall be nominated by the Royal College of Ophthalmologists and one of the four shall be a person appearing to the College to be a suitable person to represent ophthalmologists practising in Scotland.
;
f
in paragraph 6(1)(c) for “the College of Ophthalmologists” there shall be substituted “the Royal College of Ophthalmologists”;
g
at the beginning of paragraph 6(2) there shall be inserted “Subject to sub-paragraph (2A) below,”; and
h
after paragraph 6(2) there shall be inserted the following sub-paragraph–
2A
The two persons nominated by the Association of British Dispensing Opticians who hold office from 1st January 1999 shall retire at the end of the period of three years commencing on that date.
.
Further alteration of membership of the General Optical Council
3
1
The further alterations in the membership of the Council reflected in the amendments of Schedule 1 to the Act set out in paragraph (2) shall have effect from 1st January 2002.
2
Schedule 1 to the Act shall be further amended as follows–
a
in paragraph 1(b) for “seven” there shall be substituted “six”;
b
in paragraph 1(c) for “three” there shall be substituted “five”;
c
for paragraph 1(d) there shall be substituted–
d
four persons nominated by the examining bodies mentioned in this Schedule;
;
d
paragraph 4(b), and at the end of that paragraph “and”, shall be repealed; and
e
at the end of paragraph 4(c) there shall be added–
; and
d
one, who shall be a person engaged in the education or examination of persons training as dispensing opticians, shall be nominated by the Association of British Dispensing Opticians, after consulting–
i
the Anglia Polytechnic University;
ii
the Bradford and Ilkley Community College;
iii
the City and Islington College (City Campus); and
iv
the Glasgow Caledonian University.
.
A.K. Galloway
Clerk of the Privy Council


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (South Downs) Designation (Amendment) Order 1998 and shall come into force on 22nd June 1998.
Interpretation
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (South Downs) Designation Order 1997 .
Amendments to the principal Order
3
The principal Order shall be amended in accordance with the following provisions of this Order.
4
In Part I of Schedule 7 to the principal Order there shall be substituted the following —
Part I
1
Where the requirements of paragraphs 1 and 3 of Schedule 1 apply, a maximum rate of £50 per hectare per annum.
2
Where the requirements of paragraphs 2 and 3 of Schedule 1 apply, a maximum of £60 per hectare per annum.
.
5
In the table in Part II of Schedule 7 to the principal Order, there shall be substituted “330” for the figure “290” and “90” for the figure “80”.
Amendment to the 1992 Order
6
The Environmentally Sensitive Areas (South Downs) Designation Order 1992 shall, in so far as, by virtue of article 6(1)(b) of the principal Order, it continues to apply to agreements made before the coming into force of the principal Order, be amended in article 6(2) by the substitution in the table set out therein of “330” for the figure “290” and “90” for the figure “80”.
Saving
7
Articles 4, 5 and 6 of this Order shall not have effect for the purposes of any annual payment to a farmer which relates wholly or in part to any period before 1st April 1998.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
18th May 1998
We consent,
Graham Allen
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
19th May 1998


text:
1
This Order may be cited as the Public Telecommunication System Designation (TeleDanmark A/S) Order 1998 and shall come into force on 5th October 1998.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Barbara Roche
Parliamentary Under Secretary of State for Small Firms, Trade and Industry,
Department of Trade and Industry
1st September 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Northampton (Electoral Changes) Order 1998.
2
This Order shall come into force for all purposes on 6th May 1999, except that for the purpose of all proceedings preliminary or relating to an election to be held on or after that date this Order shall come into force on 10th October 1998.
3
In this Order–
“the borough” means the borough of Northampton;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to “the map” is a reference to the map prepared by the Department of the Environment, Transport and the Regions, marked “Map of the Borough of Northampton (Electoral Changes) Order 1998”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
and any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of Northampton
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-three wards which shall bear the names set out in column (1) of Schedule 1 and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (2) of that Schedule.
3
The wards shall comprise the areas designated on the map by reference to the name of the ward and demarcated by red lines.
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 Billing
3
1
The existing wards of the parish of Billing shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Ecton, Brook, Great Billing, Little Billing and Middle.
3
The wards shall comprise the areas designated on sheet 3 by reference to the name of the ward and demarcated by orange lines; and the number of councillors to be elected for each parish ward shall be five for Ecton Brook and three for each of the other parish wards.
Wards of the parish of Duston
4
1
The existing wards of the parish of Duston shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 2.
3
The parish wards shall comprise the areas described in column (2) of that Schedule by reference to wards of the borough, and the number of councillors to be elected for each ward shall be six.
Wards of the parish of Wootton
5
1
The existing wards of the parish of Wootton shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 3.
3
The parish wards shall comprise the areas described in column (2) of that Schedule by reference to wards of the borough, and the number of councillors to be elected for each ward shall be the number specified in column (3) of that Schedule.
Revocation
6
The Borough of Northampton (Electoral Arrangements) Order 1978 is hereby revoked.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
8th October 1998


text:
Citation and interpretation
1
1
This Order may be cited as the Teaching and Higher Education Act 1998 (Commencement No. 2 and Transitional Provisions) Order 1998.
2
In this Order:
“the 1962 Act ” means the Education Act 1962 ;
“the 1990 Act ” means the Education (Student Loans) Act 1990 ;
“the 1996 Act ” means the Education (Student Loans) Act 1996 ;
“the 1998 Act ” means the Education (Student Loans) Act 1998 ;
“the 1998 Regulations ” means the Education (Mandatory Awards) Regulations 1998 as they will be amended by the Education (Mandatory Awards) Regulations 1998 (Amendment) Regulations 1998 ;
“first degree course”, “DipHE course”, “ HND course”, “old award”, “postgraduate course for the initial training of teachers” and “transitional award” have the same meanings as in the 1998 Regulations; and
“ HNC course ” means a course for the Higher National Certificate of the Business and Technology Education Council or of the Scottish Qualifications Authority, and “Scottish HND course” means a course for the Higher National Diploma of that Authority.
3
In this Order, any reference:
a
to an article is to an article of this Order, and
b
in an article to a paragraph is to a paragraph of that article.
Provisions coming into force
2
Subject to the following articles, the following provisions of the Teaching and Higher Education Act 1998 shall come into force on the day after this Order is made:
section 44(2), for the purpose of bringing into force the provisions of Schedule 4 referred to below;
in Schedule 4, the repeals relating to:
the 1990 Act;
the 1996 Act; and
the 1998 Act.
Transitional and saving provisions
3
1
The repeals of the 1990, 1996 and 1998 Acts shall not affect the continued operation of the provisions of those Acts or of any subordinate legislation made or to be made under them with respect to, or otherwise in connection with:
a
loans made under the 1990 Act before the coming into force of the repeals of those Acts;
b
the making of loans to any student who attends any course referred to in article 4; or
c
loans made to any such student.
2
Without prejudice to the generality of paragraph (1), the repeals of the 1990, 1996 and 1998 Acts shall not affect the continued operation of any such provisions relating to any of the following functions:
a
the making of subordinate legislation;
b
the assignment of public sector loans under section 1A of the 1990 Act;
c
the making of arrangements (including arrangements which provide for the making of payments of any specified description) in connection with such an assignment.
4
Subject to article 7, the courses referred to in article 3(1)(b) are:
a
any course in respect of the attendance at which the student holds an old award under section 1(1) of the 1962 Act or would be eligible for such an award if an application were made;
b
any course in respect of the attendance at which a local education authority bestows an award on the student under section 1(6) of the 1962 Act, which is an old award for the purposes of the 1998 regulations as applied to such awards by virtue of section 1(7) of the 1962 Act;
c
any course which is referred to in Schedule 1 to the 1990 Act and which the student began to attend before 1 August 1998;
d
any course which is referred to in Schedule 1 to the 1990 Act and the first year of which begins on or after 1 August 1998 and before 1 August 1999, where the student had on or before 1 August 1997 received an offer of a place on that course, or on a similar course,, in either case for that year, and whether conditional on obtaining specified qualifications or not;
e
any course which is referred to in Schedule 1 to the 1990 Act and the first year of which begins on or after 1 August 1998 and before 1 August 1999, where the student had received an offer of a place on another course for a year which began before 1 August 1998, and —
i
he was not able to take up that offer because of illness, and
ii
he was offered a place on this course, whether or not at the same institution;
f
any course which is referred to in Schedule 1 to the 1990 Act and the |fi|rst year of which begins on or after 1 August 1998, where the student had received an offer of a place on a course for a year which began before 1 August 1998, and —
i
he was not able to take up the offer because a specified qualification or grade was not awarded to him,
ii
he appealed against the decision not to award the qualification or grade to him,
iii
the appeal was allowed after the last date when he could have taken up the offer, and
iv
as a result he was offered a place on this course, whether or not at the same institution.
g
any course which is a first degree or a Scottish HND course and which the student begins to attend immediately after ceasing to attend a DipHE, HNC, HND or Scottish HND course (disregarding any intervening vacation), and the first year of the DipHE, HNC or HND course, or of the latter Scottish HND course, began either —
i
before 1 August 1998, or
ii
on or after 1 August 1998 and before 1 August 1999, and the student falls within paragraph (d), (e) or (f) in relation to that course;
h
any postgraduate course for the initial training of teachers, which the student begins to attend immediately after ceasing to attend a first degree course (disregarding any intervening vacation), and the first year of that first degree course began either —
i
before 1 August 1998, or
ii
on or after 1 August 1998 and before 1 August 1999, and the student falls within paragraph (d), (e) or (f) in relation to that course.
5
If, with the agreement of the institution or institutions in question, a student withdraws from attending a course referred to in any of paragraphs (c) to (h) of article 4 without completing it, and (disregarding any intervening vacation) immediately commences attending another course which is provided by the same or a different institution, the date on which the first year of the first course began shall be regarded for the purposes of the relevant paragraph as the date on which the first year of the second or further course began.
6
For the purposes of article 4(d), a course is similar to another course if the subject matter of one course is in part the same as the subject matter of the other course and, where the offer of a place was on a course which is still offered, the other course is at the same institution.
7
There shall be excluded from paragraphs (c) to (h) of article 4 any course in respect of the attendance at which the student holds an old award or a transitional award under section 1(1) of the 1962 Act or would be eligible for such award if an application were made, or in respect of the attendance at which a local education authority bestows an award on the student under section 1(6) of the 1998 Regulations, which is an old award or a transitional award for the purposes of the 1998 Regulations as applied to such awards by virtue of section 1(7) of the 1962 Act.
Andrew Smith
Minister of State,
Department for Education and Employment
11th August 1998
Calum McDonald
Parliamentary Under Secretary of State, The Scottish Office
12th August 1998


text:
Citation and commencement
1
This Order may be cited as the Frenchay Healthcare National Health Service Trust (Establishment) Amendment Order 1998 and shall come into force on 9th February 1998.
Amendment of Establishment Order
2
In the Frenchay Healthcare National Health Service Trust (Establishment) Order 1991 —
a
for article 3 there shall be substituted the following article: —
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be —
a
to own and manage pursuant to section 5(1)(a) of the Act hospital accommodation and services provided at the premises specified in Part I of the Schedule to this Order;
b
to provide and manage pursuant to section 5(1)(b) of the Act hospital accommodation and services at any or all of the premises specified in Part II of the Schedule to this Order and at any other premises which are for the time being associated with any of those premises;
c
to manage pursuant to section 5(1)(a) of the Act community health services provided from the premises specified in Part III of the Schedule to this Order and to own the associated premises; and
d
to manage pursuant to section 5(1)(b) of the Act community health services provided from the premises specified in Part IV of the Schedule to this Order and to provide the associated premises.
; and
b
at the end of that Order there shall be added the Schedule set out in the Schedule to this Order.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State
Department of Health
29th January 1998


text:
Citation and commencement
1
These Regulations which may be cited as the Housing Benefit (Recovery of Overpayments) Amendment Regulations 1998 shall come into force on 30th October 1998.
Amendment of the Housing Benefit (Recovery of Overpayments) Regulations 1997
2
Regulation 3 of the Housing Benefit (Recovery of Overpayments) Regulations 1997 (restriction on recovery of rent and consequent notifications) shall be amended in the following manner–
a
in paragraph (2) for the word “recovered” there shall be substituted the word “recoverable”;
b
in paragraph (3)–
i
after the words “paragraph (2) applies” the first time they appear, there shall be inserted the words “or will apply when recovery is made,”; and
ii
in sub-paragraph (a) for the words “was one” there shall be substituted the words “is or will be one”.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
5th October 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Social Security (Contributions) (Re-rating and National Insurance Fund Payments) Order 1998 and shall come into force on 6th April 1998.
2
In this Order “ the Act ” means the Social Security Contributions and Benefits Act 1992.
Rate of, and small earnings exception from, Class 2 contributions
2
In section 11 of the Act (Class 2 contributions) —
a
in subsection (1) (weekly rate) for “£6.15”, substitute “£6.35”;
b
in subsection (4) (small earnings exception) for “£3,480”, substitute “£3,590”.
Amount of Class 3 contributions
3
In section 13(1) of the Act (amount of Class 3 contributions) for “£6.05”, substitute “£6.25”.
Lower and upper limits for Class 4 contributions
4
In section 15(3) and section 18(1) of the Act (Class 4 contributions recoverable under the Income Tax Acts and under regulations) —
a
for “£7,010” (lower limit) in each place where it appears, substitute “£7,310”;
b
for “£24,180” (upper limit) in both places where it appears, substitute “£25,220”.
Prescribed percentage of estimated benefit expenditure
5
Section 2(2) of the Social Security Act 1993 (payments into the National Insurance Fund out of money provided by Parliament) shall have effect with respect to the tax year 1998–99 and the prescribed percentage of estimated benefit expenditure for the financial year ending with 31st March in that tax year shall be 2 per cent..
Signed by authority of the Secretary of State for Social Security.
Frank Field
Minister of State,
Department of Social Security
25th February 1998
We consent,
Bob Ainsworth
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
27th February 1998


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment) (Miscellaneous) 1998 and shall come into force on 21st April 1998.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of the Rules of the Court of Session
2
1
The Rules of the Court of Session 1994( shall be amended in accordance with the following sub-paragraphs.
2
In rule 6.2 (fixing and allocation of diets in Outer House) —
a
for paragraphs (5) to (12) substitute —
5
When a party enrols for a proof to be allowed or issues to be approved in a cause depending before the Outer House he shall include in the enrolled motion his estimate of the likely duration of the proof or jury trial and request that the diet be allocated accordingly.
6
If any other party considers that the estimate so included is too low, he shall record upon the enrolled motion his own estimate.
7
On such papers (whether or not the closed record) as are transmitted to the Keeper of the Rolls for the purpose of his allocating the diet, the clerk of court shall note the estimate provided in pursuance of paragraph (5) unless a higher estimate is recorded under paragraph (6), in which case the note shall only be of the higher (or as the case may be the highest) estimate so recorded; and the Keeper of the Rolls shall allocate the diet of proof or jury trial accordingly and give written intimation of it to each party.
.
3
For rule 6.3 substitute —
Allocation of diets in Inner House
6.3
1
This rule applies to the allocation of diets in the Inner House.
2
When a party enrols for a cause depending before the Inner House to be appointed to the Summar Roll for hearing he shall include in the enrolled motion his estimate of the likely duration of the hearing and request that the diet be allocated accordingly.
3
If any other party considers that the estimate so included is too low, he shall record upon the enrolled motion his own estimate.
4
On such papers (whether or not the reclaiming print) as are transmitted to the Keeper of the Rolls for the purpose of his allocating the diet, the clerk of court shall note the estimate provided in pursuance of paragraph (2) unless a higher estimate is recorded under paragraph (3), in which case the note shall only be of the higher (or as the case may be of the highest) estimate so recorded; and the Keeper of the Rolls shall allocate the diet for the hearing accordingly and give written intimation of it to each party.
5
Not less than five weeks before the hearing of the cause on the Summar Roll, the Keeper of the Rolls shall put the cause out on the By Order Roll before a Division of the Inner House.
6
At a hearing on the By Order Roll under paragraph (5), the parties shall —
a
advise the court whether or not the hearing on the Summar Roll is to proceed; and
b
where it is to do so, provide the court with a re-assessment of its likely duration.
.
4
In rule 13.10(1) (application to loose, restrict or recall an arrestment or to recall, in whole or in part, an inhibition), for the words “mentioned in rule 13.6(c)” substitute “such as is mentioned in sub-paragraphs (i) to (iii) of rule 13.6(c) (but irrespective of whether any warrant was inserted in the summons)”.
5
In rule 14.3 (applications to be made by petition in the Inner House), paragraphs (h) and (i) shall be omitted.
6
In Chapter 22 (making up and closing records) —
a
for rules 22.1 to 22.3(4) substitute —
Making up open record
22.1
–
1
Subject to any other provision in these rules —
a
where defences have been lodged, the pursuer in an action shall, within fourteen days after the date on which the time for lodging defences expired or on which the defences were lodged (whichever date was the earlier); or
b
where in a cause a party is ordered by the court to make up an open record he shall within such period as is specified by the court,
lodge two copies of the open record in process; and on being given, in accordance with rule 22.2(1), a date for the commencement of the adjustment period and a date on which it shall close, he shall forthwith send not less than four copies of the open record (endorsed in pursuance of that rule) to every other party.
2
Where the pursuer, petitioner, noter or minuter, as the case may be, fails to comply with the requirements of paragraph (1), the defender or other party may apply by motion for decree of dismissal.
3
An open record shall consist of the pleadings of the parties and the interlocutors pronounced in the action or cause.
Adjustment
22.2
–
1
On an open record being lodged in process the Assistant Clerk of Session shall endorse it, and the interlocutor sheet, with a stamp so as to show the date of lodging, a date on which the adjustment period shall commence (which shall be a date determined by the Deputy Principal Clerk of Session, being ordinarily the first Wednesday which occurs at least three days after the date of lodging but which may be such later date as the Deputy Principal Clerk of Session considers appropriate) and a date on which that period shall end and the record shall close (which shall be the date eight weeks after that on which the adjustment period commences); but this paragraph is without prejudice to paragraph (3).
2
During the adjustment period parties may adjust their respective pleadings and shall intimate any such adjustments to one another.
3
At any time during the adjustment period the court may, on the motion of any party, pronounce an interlocutor —
a
closing the record; or
b
extending the period of adjustment to such date as the court thinks fit, on which date the record shall close.
4
On enrolling a motion under paragraph (3), a party shall lodge in process a copy of the open record (endorsed in pursuance of paragraph (1)) showing the adjustments, if any, as at the date of enrolment.
5
An endorsement in pursuance of paragraph (1) may be corrected or altered by the Deputy Principal Clerk of Session at any time before the date for the time being shown in the endorsement as the date on which the record shall close.
6
An endorsement which cannot be corrected or altered under paragraph (5) may, on cause shown, be corrected by the Lord Ordinary at any time.
Closing record
22.3
–
1
The pursuer shall, within four weeks after the date on which the record is closed —
a
send not less than six copies of the closed record to the defender and to every other party; and
b
lodge three copies of the closed record in process,
and if there is failure to do so the defender or any other party may apply by motion for decree of dismissal.
2
A closed record shall consist of the pleadings of the parties and the interlocutors pronounced in the action or cause (endorsed in pursuance of rule 22.2(1)).
; and
b
in rule 22.3(5), for the words “paragraph (2)” substitute “paragraph (1)(b)”.
7
In rule 37.4 (which lists certain rules relating to proofs which apply also in relation to jury trials) the words “rule 36.6 (notices to admit and notices of non-admission)” and “rule 36.11 (recording of evidence)” shall be omitted.
8
After rule 37.5 insert —
Recording of proceedings at jury trial
37.5A
1
Subject to any other provision in these Rules, proceedings at a jury trial shall be recorded by —
a
a shorthand writer to whom the oath de fideli administratione officii has been administered on his appointment as a shorthand writer in the Court of Session; or
b
tape recording or other mechanical means approved by the Lord President.
2
In paragraph (1), “the proceedings” means the whole proceedings including, without prejudice to that generality —
a
discussions —
i
with respect to any challenge of a juror; and
ii
on any question arising in the course of the trial;
b
the decision of the Lord Ordinary on any matter referred to in sub-paragraph (a);
c
the evidence led at the trial;
d
the Lord Ordinary’s charge to the jury;
e
the speeches of counsel or agents;
f
the verdict of the jury; and
g
any request for a direction to be given under rule 37.7, any hearing in relation to such a request and any direction so given.
3
A transcript of the record of proceedings shall be made only on the direction of the court; and the cost shall, in the first instance, be borne by the agents for the parties in equal proportions.
4
Any transcript so made shall be certified as a faithful record of proceedings —
a
where the recording was under sub-paragraph (a) of paragraph (1), by whoever recorded the proceedings; and
b
where it was under sub-paragraph (b) of that paragraph, by whoever transcribed the record.
5
The Lord Ordinary may make such alterations to the transcript as appear to him to be necessary after hearing the parties; and, where such alterations are made, he shall authenticate the alterations.
6
Where a transcript has been so made for the use of the court, copies of it may be obtained by any party from the transcriber on payment of his fee.
7
Except with leave of the court, the transcript may be borrowed from process only for the purpose of enabling a party to consider whether to reclaim against the interlocutor of the court applying the verdict of the jury or whether to apply for a new trial.
8
Where a transcript is required for a purpose mentioned in paragraph (7) but has not been directed to be transcribed under paragraph (3), a party —
a
may request such a transcript from the shorthand writer, or as the case may be, from a person who might have transcribed the recording had there been such a direction, the cost of the requested transcript being borne by the agent for the requester in the first instance; and
b
shall lodge the transcript in process;
and copies of it may be obtained by any party from the transcriber on payment of his fee.
.
9
In rule 38.4(7) (requirement for leave of commercial judge to reclaim against interlocutor pronounced on the Commercial Roll), for the words “a final interlocutor” substitute “an interlocutor which makes such disposal as is mentioned in rule 38.3(2)”.
10
In rule 42.1(2) (lodging of account of expenses of process), after sub-paragraph (a) insert —
aa
if he has failed to comply with sub-paragraph (a), lodge such account at any time with leave of the court but subject to such conditions (if any) as the court thinks fit to impose; and
.
11
In rule 42.13(2) (additional witness fees for skilled persons), for the words “before a proof or jury trial in order to qualify him to give evidence, charges for such investigations and for any attendance at the proof or jury trial” substitute “in order to qualify him to give evidence in a prospective proof or jury trial, charges for such investigations and (if there is a proof or jury trial) for any attendance at it”.
12
In rule 49.60 (defenders in applications for orders under section 11 of Children (Scotland) Act 1995) paragraph (e) shall be omitted.
13
In rule 59.1 (applications for letters of arrestment or inhibition) —
a
in paragraph (1) —
i
the word “or” which occurs immediately after sub-paragraph (c) shall be omitted; and
ii
after sub-paragraph (d) insert
; or
e
Form 59.1-E ( inhibition in respect of future or contingent debt)
;
b
in paragraph (3), at the beginning insert “Except where the application is in Form 59.1-E,”;
c
in paragraph (4), at the beginning insert “Where the application is in any of Forms 59.1-A to 59.1-D,”; and
d
after paragraph (4) insert the following paragraphs —
4A
Where the application is in Form 59.1-E, it shall be placed before the Lord Ordinary together with any such documents as are mentioned in paragraph (2); and if the Lord Ordinary is satisfied as is mentioned in paragraph (3) —
a
he shall sign and date the warrant in the application; and
b
the application shall be signeted,
and such signeted application and warrant shall constitute letters of inhibition.
4B
The decision of the Lord Ordinary as respects an application in Form 59.1-E shall be final and not subject to review.
.
14
In rule 67.24(2) (duties of curator ad litem as respects application for adoption order), in sub-paragraph (p), for the word “social” substitute “racial”.
15
In each of rules 70.6(2)(d) and 70.10(2)(d) (persons on whom there is to be service of certain petitions), for the words “the reporter to the children’s panel, in the local authority area in which the child resides” substitute “for the area in which the child resides and the Principal Reporter”.
16
In rule 76.8(2)(c) (applications under paragraph 12 of Schedule 1 to Proceeds of Crime (Scotland) Act 1995), for the word “of”, where it first occurs, substitute “to facilitate the”.
17
In the appendix —
a
omit Forms 6.2 (form for information for fixing and allocation of diet for a hearing in the Outer House) and 6.3 (corresponding form for a hearing in the Inner House);
b
in Form 16.5 (form of citation by advertisement), for the words “by ( date on which period of notice expires )” substitute “not later than six months from the date of publication of this advertisement”; and
c
after Form 59.1-D, insert as Form 59.1-E the following —
Form of letters of inhibition in respect of future or contingent debt
In the Court of Session
Application of ( applicant’s name ) for Letters of Inhibition
My Lords of Council and Session —
1
In a ( describe deed ) dated ( date ), ( debtor’s name, designation and address ) bound himself [ or herself or themselves or itself] to pay to ( applicant’s name, designation and address ), ( amount in words and figures and date when, or circumstances in which, amount falls due ).
2
The deed is not yet liquid but the debtor is [ specify vergens ad inopiam or in medititione fugae or other similar grounds ].
3
A copy of the deed is produced with this application.
4
The applicant, therefore, requests your Lordships to grant warrant to inhibit ( debtor’s name ).
According to Justice etc.
( Signed )
Solicitor [ or Agent] for applicant ( Address )
Warrant to inhibit granted in accordance with the above application.
Date:
( Signed )
Lord
( Signet )
.
Effect of certain previous amendments of Chapter 61
3
The amendments which were made by Act of Sederunt (Rules of the Court of Session Amendment No.7) (Judicial Factors) 1997( to Chapter 61 of the rules shall have effect as if, in paragraph 6 of the Act of Sederunt, the rule (rule 61.2) substituted by sub-paragraph (3) were of four paragraphs only; and as if the provisions which are numbered “(5)”, “(6)” and “(7)” in paragraph 6 were, respectively, sub-paragraphs (4), (5) and (6) of paragraph 6.
Savings
4
Paragraph 2(2) of this Act of Sederunt shall not affect the application of Chapter 6 of the Rules of the Court of Session 1994 in relation to the enrolment, before 21st April 1998, of a motion for a proof to be allowed or issues to be approved; paragraph 2(3) shall not affect such application in relation to the enrolment, before that date, of a motion for a cause to be appointed to the Summar Roll for hearing; paragraph 2(5) shall not affect the application of rule 14.3(h) and (i) of those Rules in relation to any application made under that rule before that date; and paragraph 2(6) shall not affect the application of Chapter 22 of those Rules in relation to any open record lodged before that date.
Rodger of Earlsferry
Lord President I.P.D.
Edinburgh
19th March 1998


text:
Commencement and citation
1
This Order may be cited as the A23 Trunk Road (Croydon) Red Route (Prohibited Turns) Traffic Order 1998, and shall come into force on 31st May 1998.
Interpretation
2
In this Order : —
a
a reference to an article followed by a number is a reference to the article of this order so numbered;
b
Causing includes permitting;
c
“Purley Way” means that length of the A23 Trunk Road in the London Borough of Croydon known as Purley Way ;
d
“Miller Road” means the road of that name in the London Borough of Croydon;
Prohibition
3
Subject to the provisions of article 4, no person shall cause a vehicle to turn right on entering Purley Way from Miller Road.
Exemptions
4
The controls specified in article 3 shall not apply to:
a
anything done with the permission or at the direction of a police constable in uniform or a traffic warden; or
b
a vehicle being used for fire brigade, ambulance or police purposes.
Revocation
6
The A23 Trunk Road (Croydon) Red Route (Prohibited Turns)(No.2) Experimental Traffic Order 1997 is hereby revoked.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
18th May 1998


text:
Citation and commencement
1
This Order may be cited as the East Dunbartonshire (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 East Dunbartonshire Council shall be divided into 24 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
17th December 1998


text:
1
These Regulations may be cited as the Taxes (Interest Rate) (Amendment) Regulations 1998 and shall come into force on 9th March 1998.
2
In regulation 3(1) of the Taxes (Interest Rate) Regulations 1989 , after sub-paragraph (a) there shall be inserted the following sub-paragraphs —
aa
section 59C of the Taxes Management Act 1970 , as it applies to any income tax or capital gains tax which has become payable in accordance with —
i
section 55 of that Act, so far as it relates to an amendment or assessment referred to in paragraphs (a) and (b) of sub-section (1) of that section, or
ii
section 59B of that Act,
ab
section 103A of the Taxes Management Act 1970, so far as it relates to —
i
any person who may be required by a notice under section 8 , 8A or 12AA of that Act (or under any of those sections as extended by section 12 of that Act) to make and deliver a return for a year of assessment or other period, and
ii
income tax or capital gains tax,
.
Graham Allen
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
12th February 1998


text:
Commencement and citation
1
This Order may be cited as the London Borough of Wandsworth (Trunk Roads) Red Route (Bus Lanes) Traffic Order 1998, and shall come into force on 15th May 1998.
Interpretation
2
In this Order —
a
a reference to an article followed by a number is a reference to the article of this Order so numbered;
b
causing includes permitting;
c
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ; and
d
“vehicle” includes part of a vehicle;
e
“bus”, “local bus”, “pedal cycle”, “taxi”, “bus lane”, “contra-flow” and “with-flow lane” have the meanings given in the Traffic Signs Regulations and General Directions 1994 ;
f
“dial-a-ride bus” means a vehicle —
i
displaying so as to be conspicuous on the outside of the vehicle a logo in a form approved by or with the authority of the Traffic Director for London and containing the words “dial-a-ride”; and
ii
constructed or adapted for the carriage of disabled persons and their companions and which is being used to provide a service for the carriage of such persons;
g
“times of operation” means, in relation to a length of road specified in an item in column (2) of the table in the Schedule, the times specified in that item in column (3) of that table;
h
“permitted vehicles” means, in relation to a length of road specified in an item in column (2) of the table in the Schedule, the vehicles specified in tha titem in column (5) of that table;
i
an entry in column (3), (4) or (5) of an item in the table in the Schedule to this Order applies to that column in subsequent items in that Schedule.
Bus Lane Controls
3
1
No person shall cause a vehicle to be in a bus lane in a length of road specified in an item in column (2) of the table in the Schedule to this Order during the times specified in that item in column (3) of that item unless that vehicle is proceeding in the direction specified in column (4) of that item and is of a type specified in column (5) of that item.
2
The controls specified in paragraph (1) of this article do not apply so as to prevent a vehicle stopping in a bus lane for as long as may be necessary —
a
to enable a person to get on or off the vehicle; or
b
to enable goods to be loaded on to or unloaded from the vehicle;
if and in so far as the activity is not prohibited by the provisions of any other order.
Exemptions
4
1
The controls specified in article 3(1) do not apply in respect of a vehicle which is being used for a purpose which is within the exemption to a restriction or prohibition imposed by any other order made under the Road Traffic Regulation Act 1984 or which is permitted by any other order.
2
The controls specified in article 3(1) do not apply in respect of a vehicle stopping in a bus lane if the vehicle is being used in —
a
the service of a local authority for the purpose of collecting refuse;
b
the pursuance of any statutory duty of the Post Office for the purpose of collecting or delivering letters provided the vehicle bears the Royal Mail livery;
c
connection with the removal of any obstruction to traffic;
d
connection with the maintenance, improvement or reconstruction of any road;
e
connection with the maintenance, improvement or construction of any street furniture including bus stop infrastructure;
f
connection with any building operation or demolition;
g
connection with the laying, erection, alteration or repair in or near the bus lane of any sewer or of any main, pipe or apparatus for the supply of gas, water or electricity, or of any telecommunications apparatus as defined in paragraph 1(1) of Schedule 2 of the Telecommunications Act 1984 ;
if the vehicle cannot be used for that purpose without being in the bus lane and in so far as the activity is not prohibited by the provisions of any other order made under the Road Traffic Regulation Act 1984.
3
The controls specified in article 3(1) do not apply in respect of —
a
a vehicle entering or stopping in a bus lane so as to avoid an accident;
b
a vehicle entering or stopping in a bus lane to allow a person to get or give help in consequence of an accident or emergency or otherwise take action for public safety;
c
a vehicle crossing a bus lane in order to get to or from any road adjacent to the bus lane or any vehicular access to premises adjacent to the bus lane;
d
a vehicle being in a bus lane to such an extent and for such a time as is needed to comply with any requirement resulting from works or an emergency in any part of the road adjoining the bus lane;
e
a vehicle being used for ambulance, fire brigade or police purposes;
f
a vehicle stopping in a bus lane if it has lawfully entered the bus lane and it has to stop —
i
by law;
ii
to avoid an accident;
iii
in circumstances beyond the drivers control;
g
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
30th April 1998


text:
1
This Order may be cited as the Immigration (Transit Visa) (Amendment No. 2) Order 1998 and shall come into force on 10th April 1998.
2
For the Schedule to the Immigration (Transit Visa) Order 1993 there shall be substituted the Schedule to this Order.
3
Article 2 of the Immigration (Transit Visa) Order 1993 shall be amended by the insertion, after the words “Northern Cyprus”, of the words “or the former Socialist Federal Republic of Yugoslavia,”.
4
The Immigration (Transit Visa) (Amendment) Order 1995 and the Immigration (Transit Visa) (Amendment) Order 1996 are hereby revoked.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
7th April 1998


text:
Citation and commencement
1
These Regulations may be cited as the Controlled Waste (Registration of Carriers and Seizure of Vehicles) (Amendment) Regulations 1998 and shall come into force on 1st April 1998.
Amendment of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations
2
1
The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 shall be amended as follows.
2
In regulation 4 (applications for registration) —
a
for paragraphs (6) and (7) there shall be substituted —
6
An application for registration or for the renewal of a registration shall be made on a form provided for the purpose by the regulation authority, and shall be accompanied by such information as may reasonably be required by the regulation authority.
;
b
For paragraph (9) there shall be substituted —
9
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.
.
3
Schedule 2 (application forms) is 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:
Citation, commencement and interpretation
1
1
This Order may be cited as the Broadford Bay and Loch Ainort, Isle of Skye, Scallops Several Fishery Order 1998 and shall come into force on 16th November 1998.
2
In this Order–
“the applicant” means Robert Parry, residing at 2 Harrapool, Broadford, Isle of Skye IV49 9AQ;
“the grantee” means the applicant and such other person as is for the time being entitled to the right of several fishery conferred by this Order;
“the definitive map No.1” means the map prepared in duplicate, each copy of which is signed by the Secretary of State and marked “Map No.1 referred to in the Broadford Bay and Loch Ainort, Isle of Skye, Scallops Several Fishery Order 1998”, one such copy of which is deposited in the principal office of the Scottish Office Agriculture, Environment and Fisheries Department at Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TW and the other such copy of which is deposited in the applicant’s place of business at 2 Harrapool, Broadford, Isle of Skye IV49 9AQ;
“the definitive map No.2” means the map prepared in duplicate, each copy of which is signed by the Secretary of State and marked “Map No.2 referred to in the Broadford Bay and Loch Ainort, Isle of Skye, Scallops Several Fishery Order 1998”, one such copy of which is deposited in the principal office of the Scottish Office Agriculture, Environment and Fisheries Department at Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TW and the other such copy of which is deposited in the applicant’s place of business at 2 Harrapool, Broadford, Isle of Skye IV49 9AQ; and
“the fishery” means–
that part of the bed of the sea in Broadford Bay, Isle of Skye, described in the Schedule to this Order and shown coloured pink on the definitive map No.1; and
that part of the bed of the sea in Loch Ainort, Isle of Skye, described in the Schedule to this Order and shown coloured pink on the definitive map No.2.
Right of several fishery
2
Subject to the following provisions of this Order there is hereby conferred on the applicant for a period of 15 years beginning on the date on which this Order comes into force the right of several fishery for scallops with respect to the whole of the area of the fishery.
Restriction
3
The right of several fishery granted by article 2 above is subject to the restriction that the harvesting of scallops shall be carried out manually by divers.
Assignation
4
The grantee shall not without the prior written consent of the Secretary of State assign or in any other way transfer the right of several fishery to any other person.
Marking of limits of fishery
5
The grantee shall cause to be clearly marked on the bed and on the surface of the sea the limits of the fishery and shall maintain the marks in position and in good repair.
Rights of the Crown
6
1
Nothing in this Order shall affect prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular and without prejudice to the generality of the foregoing nothing herein contained shall authorise the applicant to take, use, enter upon or in any manner interfere with, any land, or interest in land, any rights of whatever description (including any portion of the shore or bed of the sea, or of any river channel, creek, bay or estuary) belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Commissioners.
2
A consent under paragraph (1) above may be given unconditionally or subject to such conditions and upon such terms as shall be considered necessary or appropriate.
Sewel
Scottish Office
St Andrew’s House,
Edinburgh
8th October 1998


text:
1
1
This order may be cited as the Deregulation (Exchangeable Driving Licences) Order 1998 and shall come into force 28 days after the day on which it is made.
2
This Order does not extend to Northern Ireland.
2
1
Section 108 of the Road Traffic Act 1988 (interpretation) shall be amended as follows:
2
In subsection (1), for the definition of “exchangeable licence” there shall be substituted —
“exchangeable licence” means a document authorising a person to drive a motor vehicle (not being a document mentioned in paragraph (b) of the definition of “Community licence”) —
issued in respect of Gibraltar by an authority of Gibraltar,
issued in respect of a country or territory which is designed without restriction by an order under subsection (2)(a) below by an authority of that country or territory, or
issued in respect of a country or territory which is designated by a restricted order under subsection (2)(b) below by an authority of that country or territory, being a document which is a licence of a description specified in that order,
and a licence of a description so specified as to which provision is made as mentioned in subsection (2B) below is only an exchangeable licence to the extent that it authorises its holder to drive vehicles of a class specified in the order.
3
For subsection (2) there shall be substituted —
2
The Secretary of State may by order made by statutory instrument designate a country or territory which neither is nor forms part of an EEA State for the purposes of the definition of “exchangeable licence” in subsection (1) above) —
a
as respects all licences authorising the driving of motor vehicles granted under the law of that country or territory, where the Secretary of State is satisfied that satisfactory provision is made by that law for the granting of licences to drive motor vehicles;
b
as respects only licences authorising the driving of motor vehicles granted under the law of that country or territory of a description specified in the order, where the Secretary of State is satisfied that satisfactory provision is made by that law for the granting of licences of that description.
2A
An order under subsection (2)(b) above may specify a description of licence by reference to any feature of the licences concerned (including in particular the circumstances in which they are granted, any conditions to which they are subject or the classes of vehicle which they authorise the holders to drive).
2B
An order under subsection (2)(b) above may provide that a licence of a specified description shall only be an exchangeable licence in so far as it authorises its holder to drive vehicles of a class specified in the order.
.
3
For section 36(11A) of the Road Traffic Offenders Act 1988 (expiration of disqualification until test passed) there shall be substituted —
11A
For the purposes of subsection (11) above, “designated country or territory” means a country or territory designated by order under section 108(2) of the Road Traffic Act 1988 but a test conducted under the law of such a country or territory shall not be regarded as a corresponding test unless a person passing such a test would be entitled to an exchangeable licence as defined in section 108(1) of that Act.
.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Larry Whitty
Parliamentary Under Secretary,
Department of the Environment, Transport and the Regions
3rd August 1998


text:
1
These Regulations may be cited as the Education (Schools and Further Education) (Amendment) Regulations 1998 and shall come into force on 10th December 1998.
2
Regulation 10 of the Education (Schools and Further Education) Regulations 1981 , shall be amended by the following provisions of these Regulations.
3
In paragraph (2) , for the words, “In each academic year a school shall meet for not less than 380 sessions which shall constitute the school year”, there shall be substituted the words, “At least 380 sessions shall be held at a school during any school year”.
4
For paragraphs (6A) and (7) there shall be substituted the following paragraphs–
7
Where a school session in the 1998/99 school year is devoted wholly or mainly to the provision to teachers employed at that school of training to which this paragraph applies, that session shall be regarded for the purposes of this regulation as a session on which that school has met:
Provided that this paragraph shall–
a
apply only in relation to schools situated in England;
b
apply only in relation to sessions on or after 1st May; and
c
not have effect in relation to more than two such sessions.
8
Paragraph (7) applies to training related to the teaching of numeracy or literacy, or both, for pupils in the first or second key stage.
9
In this regulation–
“school year” means the period beginning with the first school term to begin after July and ending with the beginning of the first such term to begin after the following July; and
the reference to the first or second key stage is a reference to the period set out in section 355(1)(a) or (b), as the case may be, of the Education Act 1996.
Estelle Morris
Minister of State,
Department for Education and Employment
12th November 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Electrical Equipment for Explosive Atmospheres (Certification) (Amendment) Regulations 1998 and shall come into force on 28th February 1998.
2
In these Regulations, “the principal Regulations ” means the Electrical Equipment for Explosive Atmospheres (Certification) Regulations 1990 and, for the purposes of regulation 2(3), “the Framework Directive” has the same meaning as that in the principal Regulations.
Amendment to the principal Regulations
2
1
The principal Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 2(1), in the definition of “the First Specific Directive”, for the words “Commission Directive” there shall be substituted the words “Commission Directives” and at the end of the said definition there shall be added “and 97/53/ EC ”.
3
In regulation 12, the provisions in respect of electrical equipment to which the Framework Directive applies shall cease to have effect in relation to that equipment.
4
After regulation 12, the following regulation shall be added —
Transitional provisions in respect of electrical equipment to which the Framework Directive applies
12A
1
The provisions of the following paragraphs of this regulation shall apply to electrical equipment to which the Framework Directive applies.
2
Subject to paragraph (4) below, on or after the coming into force date of the Electrical Equipment for Explosive Atmospheres (Certification) (Amendment) Regulations 1998 (in this regulation referred to as “the effective date”), a manufacturer of electrical equipment may apply to a certification body (which has been appointed for the purpose set out in regulation 3(1)(a) of the unamended Regulations in respect of the electrical equipment for which the application is made) for a certificate of conformity attesting that the electrical equipment which is the subject of the application conforms to the harmonised standards prescribed for that equipment in the unamended Regulations; and in that case the provisions of the unamended Regulations, as appropriate, shall apply as if the application had been made under regulation 4 of those Regulations.
3
Subject to paragraph (4) below, an application for a certificate of conformity made under regulation 4 or for review under regulation 7 of the unamended Regulations before the effective date shall continue to be dealt with under the unamended Regulations.
4
Notwithstanding regulation 12(3)(a) of the unamended Regulations, no certificate of conformity shall be issued by a certification body under paragraph (2) or (3) above in respect of electrical equipment after 30th September 1998.
5
Subject to regulation 6 and without prejudice to paragraph (6) below, a certificate of conformity issued in accordance with the unamended Regulations before 30th September 1998, irrespective of whether such certificate was issued before, on or after the effective date, shall be regarded as in force for the purposes of regulation 11 (use of the distinctive Community mark) up to and including 30th June 2003.
6
Subject to regulation 6, a certificate of conformity issued before 1st March 1996, in accordance with regulation 12 of the principal Regulations as in force immediately before 26th May 1995, shall be regarded as in force for the purposes of the said regulation 11 up to and including 30th June 2003.
7
In this regulation references to “the unamended Regulations” means these Regulations as in force immediately before the effective date.
.
Amendment to the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 1996
3
In Schedule 1 (revocation of regulations) to the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 1996 , there shall be added “The Electrical Equipment for Explosive Atmospheres (Certification) (Amendment) Regulations 1998 ” in its first column and the date “1st July 2003” in its second column.
John Battle,
Minister for Science, Energy and Industry,
Department of Trade and Industry
19th January 1998


text:
Citation and commencement
1
This Order may be cited as the Mid Essex Hospital Services National Health Service Trust (Establishment) Amendment Order 1998 and shall come into force on 7th September 1998.
Amendment of NHS trust Establishment Order
2
In article 4 of the Mid Essex Hospital Services National Health Service Trust (Establishment) Order 1991 (directors of the trust), for “4 non-executive” there shall be substituted “5 non-executive” and for “4 executive” there shall be substituted “5 executive”.
Signed by authority of the Secretary of State for Health.
Paul Boateng
Parliamentary Under Secretary of State,
Department of Health
26th August 1998


text:
Citation and commencement
1
This Order may be cited as the South Durham National Health Service Trust (Dissolution) Order 1998 and shall come into force on 1st April 1998.
Dissolution of NHS trust
2
The South Durham National Health Service Trust established by the South Durham National Health Service Trust (Establishment) Order 1996 is dissolved, and accordingly that Order is revoked.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State
Department of Health
19th March 1998


text:
Commencement and citation
1
This Order may be cited as The A13 Trunk Road (Tower Hamlets) Red Route Experimental Traffic Order 1998, and shall come into force on 15th January 1999.
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”;
k
“London Regional Transport” has the meaning given by the London Regional Transport Act 1984 ; and
l
“pedal cycle” has the same meaning as in regulation 4 of the Traffic Signs Regulations and General Directions 1994.
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 or 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.
4
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a pedal cycle to be parked at a facility specifically provided for the purpose of pedal cycle parking by, or with the consent of, the highway authority.
Power to modify or suspend this Order
10
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Suspensions of existing Orders
11
1
Subject to paragraph (2) of this article, The London Borough of Tower Hamlets Waiting and Loading Order 1976 No. 394 is hereby suspended, in so far as its provisions relate to any part of the trunk road red route.
2
The suspension specified in paragraph (1) of this article shall take effect in respect of any provision contained in The London Borough of Tower Hamlets Waiting and Loading Order 1976 No. 394 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
18th December 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Tees Acute Hospitals National Health Service Trust (Establishment) Amendment Order 1998 and shall come into force on 7th December 1998.
2
In this Order, “the Establishment Order ” means the South Tees Acute Hospitals National Health Service Trust (Establishment) Order 1991 .
Amendment of Establishment Order
2
1
In article 1(2) of the Establishment Order (interpretation), the following definition shall be inserted after the definition of “the Act”:–
“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 ;
.
2
For article 3 of the Establishment Order (nature and functions of the trust), 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:
i
Middlesbrough General Hospital, Ayresome Green Lane, Middlesbrough TS5 5AZ,
ii
North Riding Infirmary, Newport Road, Middlesbrough TS1 5JE,
and associated hospitals and facilities, and there to provide hospital accommodation and services;
b
to provide and manage pursuant to section 5(1)(b) of the Act:
i
South Cleveland Hospital, Marton Road, Middlesbrough TS4 3BW,
ii
Guisborough General Hospital (Maternity Services), Guisborough TS14 6HZ, and
iii
West Lane Hospital (Ward 2, Isolation Unit and Nursery), Acklam Road, Middlesbrough TS5 4EE,
iv
24 Belle Vue Grove, Middlesbrough TS4 2PX,
and associated hospitals and facilities, and there to provide hospital accommodation and services; and
c
to provide and manage pursuant to section 5(1)(b) of the Act:
i
St. Luke’s Hospital Day Unit, Marton Road, Middlesbrough TS4 3AF,
ii
2, Langdon Square, Tollesby Bridge, Coulby Newham, Middlesbrough TS8 0TF,
iii
23/27 Middlesbrough Road, South Bank, Middlesbrough TS6 6NW,
and associated establishments and facilities, and there to provide community health services.
.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,
Department of Health
26th November 1998


text:
Citation and commencement
1
These Regulations may be cited as the Reservoirs (Panels of Civil Engineers) (Applications and Fees) (Amendment) Regulations 1998 and shall come into force on 19th October 1998.
Application fees
2
Regulation 2 of the Reservoirs (Panels of Civil Engineers) (Applications and Fees) Regulations 1992 shall be amended as follows–
a
in paragraph (1), after “Environment” insert “, Transport and the Regions”;
b
in paragraph (2)(a), for “£230” substitute “£300”; and
c
in paragraph (2)(b), for “£185” substitute “£250”.
Revocation
3
The Reservoirs (Panels of Civil Engineers) (Application Fees) (Amendment) Regulations 1994 are hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Alan Meale
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
11th September 1998
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under-Secretary of State, Welsh Office
15th September 1998
Signed by authority of the Secretary of State for Scotland
Sewel
Parliamentary Under-Secretary of State, Scottish Office
24th September 1998


text:
Commencement and citation
1
This Order may be cited as the A205 Trunk Road (Lewisham) Red Route (Cycle Lane) Traffic Order 1998, and shall come into force on 1st May 1998.
Interpretation
2
In this Order —
a
a reference to an article followed by a number is a reference to the article of this order so numbered;
b
causing includes permitting; and
c
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
d
“pedal cycle”, has the meaning given in regulation 4 of the Traffic Signs Regulations and General Directions 1994 ;
e
“cycle lane” means an area of the carriageway of a length of road specified in the schedule to this Order and marked with the traffic signs shown in diagram 1049 in schedule 6 to the Traffic Signs Regulations and General Directions 1994; and
f
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meaning 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.
Cycle lane controls
3
Except as provided in article 4, no person shall cause any vehicle other than a pedal cycle to enter or proceed in any cycle lane specified in the schedule to this Order at any time.
Exemptions
4
The controls specified in article 3 do not apply to: —
a
a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 for the sole purpose of stopping for a period not exceeding two minutes to pick up or set down any passenger;
b
a vehicle being used for ambulance, fire brigade or police purposes;
c
a vehicle being used in the service of a local authority for the purpose of collecting refuse from premises adjacent to a cycle lane;
d
a vehicle being used in connection with the removal of any obstructions to traffic;
e
a vehicle being used in connection with the maintenance, improvement or reconstruction of a cycle lane;
f
a vehicle entering a cycle lane so as to avoid an accident;
g
a vehicle entering a cycle lane to get or give help in consequence of an accident or an emergency or otherwise taking action for public safety;
h
a vehicle which bears the Royal Mail livery for so long as may be required for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters;
i
a vehicle entering and forthwith leaving a cycle lane in order to gain access to or egress from any vehicular access way to premises adjacent to the cycle lane or crossing over the footway adjacent to the cycle lane;
j
a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long as may be required to enable a disabled person to get on or off the vehicle; or
k
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
5
The A205 Trunk Road (Lewisham) Red Route (Cycle Lane) Experimental Traffic Order 1997 is hereby revoked.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
21st April 1998


text:
Citation and commencement
1
These Regulations may be cited as the Local Government (Direct Labour Organisations) (Competition) (Insolvency) (Amendment) (England) Regulations 1998 and shall come into force on 20th August 1998.
Amendment of Local Government (Direct Labour Organisations) (Competition) Regulations 1989
2
1
The Local Government (Direct Labour Organisations) (Competition) Regulations 1989 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 8 (functional work), for “regulations 9, 9A and 9B” substitute “regulations 9, 9A, 9B and 9C”.
3
After regulation 9B (exempted functional work - schools), insert —
Exempted functional work (England): insolvency of contractor
9C
1
Regulation 8 shall not apply to work comprising a job which was, but is no longer, being undertaken by a contractor for a local authority or development body in England if —
a
the contractor has stopped undertaking it by reason of falling within paragraph (2), and
b
the local authority or development body will be undertaking the job for no more than 12 months from the day on which the contractor stopped undertaking it.
2
The contractor is —
a
a company —
i
in relation to which a voluntary arrangement proposed for the purpose of Part I of the 1986 Act is approved under that Part;
ii
in respect of which an administration order under Part II of the 1986 Act is made;
iii
in respect of whose property an administrative receiver within the meaning of section 251 of the 1986 Act is appointed;
iv
in respect of whose property a receiver or manager within the meaning of section 251 of the 1986 Act is appointed;
v
which passes a resolution for voluntary winding up, within the meaning of section 84(2) of the 1986 Act;
vi
in relation to which a winding-up order is made under section 125 of the 1986 Act;
vii
in relation to which a voluntary arrangement proposed for the purpose of Part II of the 1989 Order is approved under that Part;
viii
in respect of which an administration order under Part III of the 1989 Order is made;
ix
in respect of whose property an administrative receiver within the meaning of article 5(1) of the 1989 Order is appointed;
x
in respect of whose property a receiver or manager within the meaning of article 12 of the 1989 Order is appointed;
xi
which passes a resolution for voluntary winding up, within the meaning of article 5(1) of the 1989 Order; or
xii
in relation to which a winding-up order is made under article 105 of the 1989 Order;
b
a partnership —
i
in respect of which an administration order is made by virtue of article 6 of the 1994 Order ;
ii
in relation to which a winding-up order is made by virtue of article 7, 8, 9 or 10 of the 1994 Order;
iii
which has granted a trust deed within the meaning of section 5(4A) of the 1985 Act ;
iv
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;
v
in respect of which an administration order is made by virtue of article 6 of the 1995 Order ; or
vi
in relation to which a winding-up order is made by virtue of article 7, 8, 9 or 10 of the 1995 Order;
c
an individual —
i
in relation to whom an interim order is made under section 252 of the 1986 Act;
ii
in relation to whom a voluntary arrangement proposed for the purpose of Part VIII of the 1986 Act is approved under that Part;
iii
in relation to whom a bankruptcy order is made under section 264 of the 1986 Act;
iv
who has granted a trust deed within the meaning of section 5(4A) of the 1985 Act;
v
in relation to whose estate an award of sequestration is made under section 12 of the 1985 Act;
vi
in relation to whom an interim order is made under article 226 of the 1989 Order;
vii
in relation to whom a voluntary arrangement proposed for the purpose of Part VIII of the 1989 Order is approved under that Part; or
viii
in relation to whom a bankruptcy order is made under article 238 of the 1989 Order; or
d
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 sub-paragraph (a), (b) or (c) above is made or carried out.
3
In this regulation —
“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 .
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
22nd July 1998