text:
Title and commencement
1
These Regulations may be cited as the Meat (Hygiene and Inspection) (Charges) Regulations 1998 and shall come into force on 28th September 1998.
Interpretation
2
1
In these Regulations —
“accounting period” means a period determined by the Minister;
“agreed PIA costs” means, in respect of any premises licensed under the Poultry Meat Regulations , such sum as the Minister and the occupier of the premises may agree as being the total cost, during an accounting period, of the salaries of plant inspection assistants authorised to operate there under regulation 11 of the Poultry Meat Regulations (including the entire cost in that accounting period of overtime payments and employers' pension and National Insurance contributions made in respect of the employment of such assistants), plus the additional sum of 25 per cent of that total cost;
“cut up” shall be construed in accordance with the definition of “cutting up” in regulation 2(1) of the Wild Game Regulations ;
“cutting operation” means in relation to meat any —
cutting;
de-boning;
wrapping; or
re-wrapping,
of the meat (but does not include passing it through a spiral screw mincer);
“employers' National Insurance contributions” means those social security contributions for which employers are liable under Part I of the Social Security Contributions and Benefits Act 1992 ;
“the Fresh Meat Regulations ” means the Fresh Meat (Hygiene and Inspection) Regulations 1995 ;
“the Hygiene Regulations ” means the Fresh Meat Regulations, the Poultry Meat Regulations and the Wild Game Regulations;
“inspection charge” means the charge calculated in accordance with the Schedule to these Regulations and notified in accordance with regulation 3(1), (2) or (3) of these Regulations;
“inspections” means the supervision and controls specified in the Hygiene Regulations and the monitoring of the requirements of the Welfare of Animals (Slaughter or Killing) Regulations 1995 insofar as such monitoring relates to the welfare of animals slaughtered for human consumption in slaughterhouses;
“occupier” means a person carrying on the business of a slaughterhouse, cutting premises or a cold store, or his duly authorised representative;
“the Poultry Meat Regulations” means the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 ;
“premises” means any slaughterhouse, cutting premises or cold store;
“wrapping”, in relation to meat, means placing it in material which comes in direct contact with the meat, and “re-wrapping” shall be construed accordingly; and
“the Wild Game Regulations” means the Wild Game Meat (Hygiene and Inspection) Regulations 1995 .
2
References in these Regulations to any place specified in column (1) of the table set out in this paragraph are to any place specified in the corresponding entry in column (2) of that table which is licensed as such under any of the Hygiene Regulations —
Column (1) Column (2)
slaughterhouse slaughterhouse low throughput slaughterhouse farmed game handling facility wild game processing facility where wild game may be dressed farmed game processing facility low throughput farmed game processing facility cutting premises cutting premises low throughput cutting premises re-wrapping centre wild game processing facility where wild game may be cut up cold store cold store
Charges
3
1
The Minister shall, subject to the following provisions of this regulation, notify the occupier of each slaughterhouse, cutting premises and cold store in which inspections have been undertaken in any accounting period of an inspection charge in respect of those inspections as soon as possible after the end of that period.
2
Where the Minister cannot comply with paragraph (1) above because he has insufficient information available to him to calculate the inspection charge for any accounting period in respect of any place specified in that paragraph, he shall notify the occupier of that place of an interim charge, being such amount as he estimates (having regard to the information he has) the inspection charge to be.
3
Where the Minister has notified an occupier of an interim charge in accordance with paragraph (2) above, and sufficient information becomes available to him to calculate the inspection charge, he shall calculate that charge and —
a
where it exceeds the interim charge, notify the occupier of the final charge, being the amount by which the inspection charge exceeds the interim charge; or
b
where it is less than the interim charge, credit to the occupier the amount by which the interim charge exceeds the inspection charge.
4
Any charge notified to an occupier under paragraph (1), (2) or (3) above shall be payable by him to the Minister and shall be recoverable on demand by the Minister as a debt from the occupier concerned.
5
Where at the end of a financial period it is found that in relation to any charge payable by an occupier under this regulation in respect of an accounting period in that financial period (being an accounting period of less than a year) the condition specified in paragraph 4(a)(i) of the Schedule to these Regulations was satisfied, the charges payable by the operator concerned under this regulation in respect of that financial period shall be recalculated as if the Minister had determined an accounting period corresponding with that financial period and any reduction in the inspection charge charged to the occupier resulting from that recalculation shall be credited to him.
6
For the purposes of this regulation, “financial period” means the period commencing on the Monday immediately following the last Sunday in March in any year and ending on the last Sunday in March in the following year.
7
Where any agreed PIA costs have been included in the calculation of any charge falling to be notified to an occupier under paragraph (1), (2) or (3) above those costs shall be deducted from the actual charge notified thereunder.
8
The inspection charge payable by the occupier of —
a
a wild game processing facility where wild game may be dressed shall be in respect of any wild game dressed there; and
b
a wild game processing facility where wild game may be cut up shall be in respect of any cutting operation carried out on any wild game there.
9
In paragraph (8) above, “wild game” and “wild game processing facility” have respectively the same meanings as in regulation 2(1) of the Wild Game Regulations.
10
Where under paragraph (3)(b) or (5) above a sum is to be credited to an occupier, the Minister may if he so determines pay such sum to the occupier concerned instead of crediting it to him.
Information
4
1
Any person shall on demand being made by the Minister, supply —
a
such information as the Minister may reasonably require for the purpose of calculating the inspection charge or notifying an occupier of it; and
b
such evidence as the Minister may reasonably require to enable him to verify information supplied under sub-paragraph (a) of this paragraph.
2
Any person who —
a
in purported compliance with paragraph (1) above, knowingly or recklessly furnishes information which is false or misleading in a material particular; or
b
without reasonable excuse, fails to comply within a reasonable time with a demand made under the said paragraph (1),
shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Revocation
5
The Meat (Hygiene, Inspection and Examinations for Residues) (Charges) Regulations 1995 are revoked.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
10th August 1998
Signed by authority of the Secretary of State for Health
Tessa Jowell
Minister of State for Public Health
10th August 1998
Signed by authority of the Secretary of State for Scotland
Sewel
Parliamentary under Secretary of State, Scottish Office
23rd August 1998
Signed by authority of the Secretary of State for Wales
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
18th August 1998


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) (Rural Rate Relief) Regulations 1998 and shall come into force on 9th February 1998.
Special provision in rural areas
2
1
The Council Tax and Non-Domestic Rating (Demand Notices) (England) Regulations 1993 are amended as follows.
2
In regulation 1(2), after the definition of “the relevant year”, there is inserted —
“rural settlement authority” means a billing authority which has, in respect of the relevant year, identified one or more rural settlements for that year in a list compiled under section 42A(2) of the 1988 Act;
.
3
For paragraph (3)(b) of regulation 3 there is substituted —
b
served by any other billing authority, other than a rural settlement authority, shall contain the matters mentioned in Part 1 of that Schedule; and
c
served by a rural settlement authority, shall contain the matters mentioned in Part 1 of that Schedule as amended by Part 1A.
4
After Part 1 of Schedule 2 there is inserted the following —
PART 1A
Amendment of Part 1 in relation to rural settlement authorities
In relation to rural settlement authorities, Part 1 shall have effect as if —
a
in paragraph 5(a), for “section 43(5) or 45(5)” there were substituted “section 43(5) or (6A) or section 45(5)”; and
b
at the end of the Explanatory Notes set out in paragraph 6, there were added the following —
Rural rate relief
The occupier of a general store or post office in a settlement appearing in a billing authority’s rural settlement list is entitled to rate relief if it is the only such store or post office in that settlement and its rateable value is £5,000 or less. Relief is given at 50 per cent of the full rates bill, or of the transitional bill where transitional arrangements apply. Billing authorities have discretion to remit all or part of the remaining 50 per cent.
Authorities also have discretion to remit all or part of the rate bills on other property in a settlement on the rural settlement list if the rateable value is £10,000 or less and the authority is satisfied that the property is used for a purpose which benefits the local community.
Saving
3
Nothing in these Regulations requires any matter to be included in any notice served in respect of any amount payable in respect of any day before 1st April 1998.
Signed by Authority of the Secretary of State.
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
13th January 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (Special Educational Needs) (Approval of Independent Schools) (Amendment) Regulations 1998 and shall come into force on 1st April 1998.
2
In these Regulations a reference to the principal Regulations is a reference to the Education (Special Educational Needs) (Approval of Independent Schools) Regulations 1994 .
Amendment to regulation 2 of the principal Regulations
2
In regulation 2(1) of the principal Regulations, after the definition of “relevant local education authority” —
a
the word “and” shall be omitted, and
b
there shall be inserted the following new definition —
“sensory impaired children” means children who are hearing impaired or visually impaired, or both hearing and visually impaired; and
.
Amendments to Schedule 1 to the principal Regulations
3
Schedule 1 to the principal Regulations shall be amended in accordance with regulations 4 to 6 below.
4
For paragraph 2, there shall be substituted the following paragraph —
Teaching staff
2
1
The proprietor shall ensure that the school has a staff of teachers suitable and sufficient in number for the purpose of securing the provision of education appropriate to the ages, abilities, aptitudes and special educational needs of the children in the school; and the staff shall include a head teacher.
2
Subject to sub-paragraph (7), no teacher (other than a teacher of a class of sensory impaired children) shall be regarded as suitable for the purposes of sub-paragraph (1) unless —
a
he falls within paragraph 1(1)(a) of Schedule 3 to the 1993 Teachers Regulations , or
b
he has received notification under paragraph 1(1)(b) of that Schedule that he is a qualified teacher.
3
A teacher of a class of sensory impaired children shall not be regarded as suitable for the purposes of sub-paragraph (1) (irrespective of whether or not he satisfies one of the requirements mentioned in sub-paragraph (2)) unless, subject to sub-paragraphs (4) to (7), he possesses a qualification for the time being approved for the purposes of —
a
regulation 14 of the 1993 Teachers Regulations, where he is a teacher of a class of hearing impaired children;
b
regulation 15 of the 1993 Teachers Regulations, where he is a teacher of a class of visually impaired children; or
c
regulation 16(1) of the 1993 Teachers Regulations, where he is a teacher of a class of children who are both hearing and visually impaired.
4
Where —
a
a vacancy exists for a person to be employed at a school as a teacher of a class of children who are both visually and hearing impaired, and
b
the proprietor is satisfied that there is no person available to be employed to fill that vacancy who possesses a qualification approved under regulation 16(1) of the 1993 Teachers Regulations,
the proprietor may, notwithstanding sub-paragraph (3), treat a person as suitable for the purposes of sub-paragraph (1) to be so employed if he possesses a qualification approved under either regulation 14 or regulation 15 of those Regulations.
5
Subject to sub-paragraph (6), a person may be employed as a teacher of a class of sensory impaired children even though, at the time of his appointment in that capacity, he does not possess the qualification mentioned in sub-paragraph (3) which would apply in his case, provided that the proprietor is satisfied that it is that person’s intention to acquire the said qualification.
6
Sub-paragraph (5) does not apply in the case of a person who, prior to the date on which he would take up the appointment, has been employed in one or more schools as a teacher of a class of sensory impaired children for a period or for periods which, in aggregate, exceed three years.
7
Sub-paragraphs (2) and (3) do not apply in the case of a person whose employment as a teacher at the school is solely for the purpose of giving instruction in a craft, trade or domestic subject.
.
5
For paragraph 4, there shall be substituted the following paragraph —
Admissions
4
1
The proprietor shall adopt and give effect to arrangements for the admission of children to the school in order to secure that a child shall not be admitted to the school where —
a
the school would not be capable of providing him with full-time education appropriate to his age, ability, aptitude and special educational needs in the form of a balanced and broadly based curriculum adapted for that purpose;
b
his admission would be incompatible with a condition imposed by the Secretary of State pursuant to section 347(3) of the Education Act 1996; or
c
his admission would result in the maximum number of children at the school, specified in a condition imposed by the Secretary of State pursuant to section 347(3) of that Act, being exceeded.
2
The proprietor shall use his best endeavours to secure that the number of new pupils admitted to the school in every school year is sufficient to ensure that the total number of children attending the school is either equal to, or not substantially less than, the maximum number specified in any condition as is mentioned in sub-paragraph (1)(c).
.
6
In paragraph 10(1), for “section 10 of the Education Act 1944” there shall be substituted “section 542 of the Education Act 1996 ”.
Amendments to Schedule 2 to the principal Regulations
7
Schedule 2 to the principal Regulations shall be amended in accordance with regulations 8 to 11 below.
8
Paragraph 3 shall be omitted.
9
For paragraph 5, there shall be substituted the following paragraph —
5
1
Subject to sub-paragraph (2), before the expiry of five years from the date on which approval is granted and at intervals of no more than five years thereafter, the proprietor of the school shall request the fire authority in whose area the school is situated to give advice, pursuant of section 1(1)(f) of the Fire Services Act 1947 , as to fire prevention, restriction of the spread of fires, and means of escape in case of fire; and any specific recommendations contained in advice from time to time given as aforesaid shall be implemented forthwith.
2
Where the fire authority for that area gave such advice in relation to the school pursuant to a request made under paragraph 5 of Schedule 2 to the Education (Special Educational Needs) (Approval of Independent Schools) Regulations 1991 within the period beginning on 1st April 1993 and ending on 31st March 1994, the first period of five years prescribed by sub-paragraph (1) above begins on the date on which that advice was given.
.
10
For paragraph 10(1), there shall be substituted the following sub-paragraph —
1
Where the death of a child occurs at the school, or in the course of any activities organised by the school, the proprietor or head teacher shall, subject to sub-paragraph (2), report the death forthwith to —
a
the child’s parents;
b
(in the case of a child with a statement) the relevant local education authority;
c
(in the case of a child without a statement) any local authority who arranged for the placement of the child at the school;
d
the local authority in whose area the school is situated; and
e
the Secretary of State.
.
11
For paragraph 10(2) there shall be substituted the following sub-paragraphs —
2
The proprietor or head teacher shall not be required to report any such death to a person mentioned in sub-paragraphs (1)(a) to (c) where, in any particular case, it would be inappropriate for him to do so.
3
Where a child suffers any serious illness or serious injury at the school, the proprietor or head teacher shall forthwith notify the following persons or bodies of the illness or injury —
a
the child’s parents (unless, in any particular case, it would be inappropriate for him to do so);
b
(in the case of a child with a statement) the relevant local education authority;
c
(in the case of a child without a statement) any local authority who arranged for the placement of the child at the school; and
d
the local authority in whose area the school is situated.
.
Estelle Morris
Parliamentary Under Secretary of State,
Department for Education and Employment
18th February 1998
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
24th February 1998


text:
1
This Order may be cited as the East Birmingham College (Dissolution) Order 1998 and shall come into force on 1st August 1998.
2
On 1st August 1998 the Transferor shall be dissolved and all of its property, rights and liabilities shall be transferred to the Transferee, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the Transferor 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 Transferor; and
d
to the corporation were to the Transferee.
Tessa Blackstone
Minister of State,
Department for Education and Employment
7th July 1998


text:
Citation and commencement
1
This Order may be cited as the Social Security (Minimum Contributions to Appropriate Personal Pension Schemes) Order 1998 and shall come into force on 6th April 1999.
Appropriate age-related percentages
2
For the purposes of section 45 of the Pension Schemes Act 1993 (amount of minimum contributions) the appropriate age-related percentages in respect of earners in the tax years 1999–2000 to 2001–2002 are those specified in the Table in the Schedule to this Order by reference to their ages on the last day of the preceding tax year.
Amendment of previous Order
3
In the Social Security (Minimum Contributions to Appropriate Personal Pension Schemes) Order 1996 —
a
in article 2, for the words “to 2001–02” there shall be substituted the words “and 1998–99”; and
b
in the Table in the Schedule, the columns relating to the tax years 1999–2000, 2000–2001 and 2001–2002 shall be omitted.
Signed by authority of the Secretary of State for Social Security.
John Y. Denham
Parliamentary Under-Secretary of State,
Department of Social Security
1st April 1998


text:
1
The A65 Trunk Road (Manor Park Improvement) Order 1993 is hereby revoked.
2
This Order may be cited as the A65 Trunk Road (Manor Park Improvement) Order 1993 (Revocation) Order 1998 and shall come into force on 27th May 1998.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions.
Derek Oddy
Divisional Director, Highways Agency
29th April 1998


text:
1
This Order may be cited as the Finance Act 1998, Section 145, (Appointed Day) Order 1998.
2
The day appointed for the purposes of section 145 of the Finance Act 1998 is 4th November 1998.
Bob Ainsworth
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd November 1998


text:
Citation, Commencement and Interpretation
1
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programmes of Study in Technology) (England) Order 1998 and shall come into force on 1st September 1998.
2
In this Order–
“The Document” means the Document published by Her Majesty’s Stationery Office in January 1995 entitled “Design and Technology in the National Curriculum” and the Document so published entitled “Information Technology in the National Curriculum” .
3
This Order applies only to pupils at maintained schools and grant-maintained schools (other than schools established in a hospital) in England.
Revocation
2
The Education (National Curriculum) (Attainment Targets and Programmes of Study in Technology) Order 1995 is hereby revoked in so far as it applies to schools in England.
Specification of attainment targets and programmes of study
3
1
Subject to paragraph (2), it is hereby directed that the provisions relating to attainment targets and programmes of study set out in the Documents shall have effect in relation to schools in England for the purpose of specifying attainment targets and programmes of study in relation to technology.
2
The provisions set out in the Document entitled “Design and Technology in the National Curriculum” shall have effect subject to the amendments set out in the Schedule.
4
The examples printed in italics in the Document entitled “Design and Technology in the National Curriculum” (which serve to illustrate the programmes of study described therein) do not form part of the provision made by this Order.


text:
Citation
1
This Order may be cited as the Local Government and Rating Act 1997 (Commencement No. 4) Order 1998.
Commencement of minor and consequential amendments and repeals
2
The following provisions of the Local Government and Rating Act 1997 shall come into force on 18th March 1998 —
a
section 33, in so far as it relates to the provisions mentioned in paragraphs (b) and (c) below;
b
in Schedule 3, paragraph 17; and
c
in Schedule 4, the repeals in the Local Government Act 1972 .
Signed by authority of the Secretary of State
Nick Raynsford
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
12th March 1998


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 7) Regulations 1998 and shall come into force on 1st January 1999.
Preliminary
2
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the following provisions of these Regulations.
Amendment of regulation 3 (interpretation)
3
In regulation 3(2) for the definition of “Ministry plate” there shall be substituted–
is to be interpreted in accordance with regulation 70.
Amendment of regulation 7 (length)
4
In regulation 7(7A)(a) for the words “1st June 1998” there shall be substituted “1st January 1999”.
Amendment of regulation 23 (wheel loads)
5
In regulation 23(4)(a) for the words “3560 kg ” there shall be substituted “4250 kg”.
Amendment of regulation 66 (plates for goods vehicles and buses)
6
In regulation 66 after paragraph (4) there shall be inserted the following paragraphs–
5
Where, in accordance with the provisions of this regulation and of Schedule 8, a motor vehicle first used, or a trailer manufactured, after 31st December 1998, is required to be equipped with a plate showing the maximum gross weight in Great Britain or the maximum weight in Great Britain for each axle of the vehicle, the plate may instead show particulars of the maximum authorised weight for the vehicle or, as the case may be, the maximum authorised weight for each axle of the vehicle.
6
In paragraph (5) the references to the maximum authorised weight for a vehicle and maximum authorised for each axle of a vehicle mean those weights determined in accordance with the Motor Vehicles (Authorised Weight) Regulations 1998 .
7
The plate for a vehicle which falls within paragraph (1)(a) and which is a motor vehicle first used after 31st December 1998 need not include the particulars referred to in paragraph 9 or 10 of Part I of Schedule 8.
Amendment of regulation 70 (Ministry plates)
7
In regulation 70 after paragraph (2) there shall be inserted the following paragraphs–
3
In these Regulations “Ministry plate” means a plate which–
a
is issued by the Secretary of State following the issue or amendment of a plating certificate; and
b
subject to paragraph (4), contains the particulars required by Schedule 10, 10A, 10B or 10C.
4
Instead of particulars of the gross weight, train weight and axle weights of the vehicle to which it relates, a Ministry plate may contain particulars of the maximum authorised weight for the vehicle, maximum authorised weight for a combination of which the vehicle forms part and maximum authorised axle weights for the vehicle, determined in accordance with the Road Vehicles (Authorised Weight) Regulations 1998 and the form of the plate shall be amended accordingly.
Amendment of regulation 75 (maximum permitted laden weight of a vehicle)
8
In regulation 75(3) for “40,650 kg” there shall be substituted “44,000 kg”.
Saving for the Road Vehicles (Authorised Weight) Regulations 1998
9
After regulation 79 there shall be inserted the following regulation–
Saving for the Road Vehicles (Authorised Weight) Regulations 1998
79A
Nothing in regulations 75 to 79 shall be taken to prohibit the use of a vehicle in circumstances where the maximum authorised weight for the vehicle, for any vehicle combination of which the vehicle forms part and for any axle of the vehicle, as determined in accordance with the Road Vehicles (Authorised Weight) Regulations 1998, is not exceeded.
Amendment of regulation 80 (over-riding restrictions)
10
1
Regulation 80 shall be modified as follows.
2
In paragraph (1) for “(2B) and (2C)” there shall be substituted “(2B), (2C) and (4)”.
3
In paragraph (3) after the words “regulations 75 to 79” in each place where those words occur there shall be inserted “or in the Road Vehicles (Authorised Weight) Regulations 1998”.
4
After paragraph (3) there shall be inserted the following paragraph–
4
Paragraph (1) shall not apply where a vehicle is used on a road before 1st January 2000 if–
a
the vehicle is fitted with a plate in accordance with regulation 66(1)(b) and the maximum gross weight and the maximum weight for any axle of the vehicle are not exceeded; or
b
there is in force a plating certificate for the vehicle that was issued before 1st January 1999 and the design weight of the vehicle is not exceeded; and
c
in either case the maximum authorised weight for the vehicle, maximum authorised weight for a combination of which the vehicle forms part and maximum authorised weight for any axle of the vehicle, determined in accordance with the Road Vehicles (Authorised Weight) Regulations 1998, are not exceeded.
Amendment of Schedule 11A (combined transport)
11
1
Schedule 11A shall be modified as follows.
2
After paragraph 2 there shall be inserted–
2A
Regulations 75, 76, 77 and 78 do not apply to an articulated vehicle if the requirements set out in Part IIIA of this Schedule are for the time being fulfilled.
3
For paragraph 8 there shall be substituted–
8
1
The articulated vehicle must have a total of at least 6 axles.
2
The laden weight of the articulated vehicle must not exceed the weight determined in accordance with sub-paragraph (3).
3
The weight for the purposes of sub-paragraph (2) is the number of kilograms equal to the product of the distance measured in metres between the king-pin and the centre of the rearmost axle of the semi-trailer multiplied by 5500 and rounded up to the nearest 10 kg, if that number is less than 44000 kg.
4
After Part III there shall be inserted–
PART IIIA
ARTICULATED VEHICLES (ALTERNATIVE REQUIREMENTS)
8A
1
The requirements of paragraph 6 are fulfilled.
2
The vehicle is one which falls within the first indent of paragraph 1 of Article 3 of Community Directive 96/53 (vehicles used in international traffic or put into circulation in any other Member State) and complies with the limit values specified in paragraph 2.2.2 of Annex I and the other relevant requirements of that Directive.
Signed by authority of the Secretary of State
Larry Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
11th December 1998


text:
Citation and commencement
1
This Order may be cited as the North Southwark Education Action Zone Order 1998 and shall come into force on 1st January 1999.
Interpretation
2
In this Order–
“partners” means those persons listed in Schedule 1 to this Order; and
“zone school” means a school listed in Schedule 2 to this Order.
Constitution of education action zone
3
The schools listed in Schedule 2 to this Order shall constitute collectively an education action zone under the name of the North Southwark Education Action Zone (“the zone”) for the purposes of Chapter III of Part I of the School Standards and Framework Act 1998.
4
There shall be an Education Action Forum for the zone to be known as the North Southwark Education Action Forum, the membership of which shall include–
a
one person appointed by the governing body of each zone school, unless any such governing body chooses not to make such an appointment;
b
either one or two persons appointed by the Secretary of State; and
c
one person appointed by each partner unless any partner chooses not to make such an appointment.
5
The Forum may at any time appoint–
a
up to 4 additional members from persons appearing to them to represent the interests of head teachers of zone schools;
b
up to 3 additional members from persons appearing to them to represent the interests of the staff at zone schools;
c
either one or two members from persons appearing to them to represent the interests of parents of children of compulsory school age at zone schools;
d
either one or two additional members from persons who are members of the Council of the London Borough of Southwark;
e
one additional member from persons appearing to them to represent the interests of the voluntary, community and charitable sectors in the area served by the zone schools;
f
one additional member from persons appearing to them to represent the interests of the police and youth justice system;
g
one additional member from persons appearing to them to represent the interests of regeneration initiatives in the area served by the zone schools;
h
one additional member from persons appearing to them to represent the interests of the careers service in the area served by the zone schools;
i
one additional member from persons appearing to them to represent the interests of the social services department of the Council of the London Borough of Southwark;
j
one additional member from persons appearing to them to represent the interests of arts organisations in the area served by the zone schools;
k
one additional member from persons appearing to them to represent the interests of education and business partnership in the area served by the zone schools; and
l
up to three additional members appearing to them to be able to further the objects of the zone.
Disqualification from membership of the Forum
6
Articles 7 to 9 shall have effect for the purpose of prescribing the circumstances and cases in which a person is to be disqualified for holding, or continuing to hold, office as a member of the Forum.
Disqualification from membership of Forum — bankruptcy etc
7
1
Subject to the provisions of this regulation, a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if he has been adjudged bankrupt or has made a composition or arrangement with his creditors; and a member, on becoming so disqualified, shall give written notice of the fact to the secretary to the Forum.
2
Where a person is disqualified by reason of his having been adjudged bankrupt, that disqualification shall cease–
a
unless the bankruptcy order made against that person is previously annulled, on his discharge from bankruptcy; and
b
if the bankruptcy order is so annulled, on the date of the annulment.
3
Where a person is disqualified by reason of his having made a composition or arrangement with his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed and in any other case it shall cease on the expiration of three years from the date on which the terms of the deed of composition or arrangement are fulfilled.
Disqualification from membership of Forum — criminal convictions
8
1
Subject to paragraph (2) a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if–
a
within five years before his appointment would otherwise have taken effect or since his appointment, he has been convicted, whether in the United Kingdom or elsewhere, of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;
b
within twenty years before his appointment would otherwise have taken effect, he has been convicted as aforesaid and has had passed on him a sentence of imprisonment for a period of more than two and a half years; or
c
he has at any time been convicted as aforesaid and has had passed on him a sentence of imprisonment of not less than five years.
2
For the purposes of this regulation there shall be disregarded any conviction by or before a court outside the United Kingdom of an offence in respect of conduct which, if it had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom.
Disqualification — absence from meetings
9
Any member of the Forum who, without the consent of the Forum has failed to attend the meetings thereof for a continuous period of six months beginning with the date of a meeting shall, on the expiry of that period, be disqualified for continuing to be a member of the Forum without prejudice however, to his re-appointment.
Chairman’s tenure of office
10
The chairman of the Forum elected in accordance with paragraph 2 of Schedule 1 to the Act, shall hold office for one year from the date of his election (unless he resigns his office earlier), without prejudice to his eligibility to be re-elected for a further period of one year.
Estelle Morris
Minister of State,
Department for Education and Employment
3rd December 1998


text:
Commencement and citation
1
This Order may be cited as The A41 Trunk Road (Camden) Red Route (Bus Lanes) Traffic Order 1998, and shall come into force on 6th March 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 that item in column (5) of that table;
i
an entry in column (3) , (4) or (5) of an item in the table in the schedule to this order applies to that column in subsequent items in that schedule.
Bus Lane Controls
3
1
No person shall cause a vehicle to be in a bus lane in a length of road specified in an item in column (2) of the table in the schedule to this order during the times specified in that item in column (3) of that item unless that vehicle is proceeding in the direction specified in column (4) of that item and is of a type specified in column (5) of that item.
2
The controls specified in paragraph (1) of this article do not apply so as to prevent a vehicle stopping in a bus lane for as long as may be necessary —
a
to enable a person to get on or off the vehicle; or
b
to enable goods to be loaded on to or unloaded from the vehicle;
if and in so far as the activity is not prohibited by the provisions of any other order.
Exemptions
4
1
The controls specified in article 3(1) do not apply in respect of a vehicle which is being used for a purpose which is within the exemption to a restriction or prohibition imposed by any other order made under the Road Traffic Regulation Act 1984 or which is permitted by any other order.
2
The controls specified in article 3(1) do not apply in respect of a vehicle stopping in a bus lane if the vehicle is being used in —
a
the service of a local authority for the purpose of collecting refuse;
b
the pursuance of any statutory duty of the Post Office for the purpose of collecting or delivering letters provided the vehicle bears the Royal Mail livery;
c
connection with the removal of any obstruction to traffic;
d
connection with the maintenance, improvement or reconstruction of any road;
e
connection with the maintenance, improvement or construction of any street furniture including bus stop infrastructure;
f
connection with any building operation or demolition;
g
connection with the laying, erection, alteration or repair in or near the bus lane of any sewer or of any main, pipe or apparatus for the supply of gas, water or electricity, or of any telecommunications apparatus as defined in paragraph 1(1) of Schedule 2 of the Telecommuni cations 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.
Revocation or variation of existing Orders
5
The A41 Trunk Road (Camden) Red Route (Bus Lanes) Experimental Traffic Order 1997 is hereby revoked.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
20th February 1998


text:
PART I
INTRODUCTION
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Allocation of Grant-maintained and Grant-maintained Special Schools to New Categories) Regulations 1998 and shall come into force on 7th September 1998.
2
These Regulations apply to grant-maintained and grant-maintained special schools, within the meaning of the Education Act 1996 , save that regulations 4(1) (to the extent that that paragraph relates to notifying and giving information to the persons referred to in regulation 4(3)(a)) and (2)(c) to (h), 5 to 12, 13(2) and (3), 14(5) and 16(2)(a) do not apply to a grant-maintained special school which is established in a hospital.
Interpretation
2
1
In these Regulations —
“ the Act ” means the School Standards and Framework Act 1998;
“the ballot administration company” means Electoral Reform (Ballot Services) Limited;
“the 1994 Regulations ” means the Education (Grant-maintained Special Schools) Regulations 1994 ;
“Church school” means a Church of England school, a Church in Wales school or a Roman Catholic Church school;
“electoral list” means a list of names and addresses of registered parents of registered pupils at the school who are eligible to vote in a ballot held pursuant to regulation 8;
“funding authority” means in relation to a school in England, the Funding Agency for Schools and, in relation to a school in Wales, the Secretary of State;
“notice” means notice in writing and references to “notify” and “notification” shall be construed accordingly;
“parental list” means a list of the names and addresses of registered parents of registered pupils at a school produced in accordance with regulation 5;
“registered” means, in the context of registered parents of registered pupils at a school and subject to regulations 6(2) and 9(2), shown in the register kept under section 434 of the Education Act 1996 and the Education (Pupil Registration) Regulations 1995 ; and
“school” means, unless the context otherwise requires, any grant-maintained or grant-maintained special school within the meaning of the Education Act 1996.
2
The words or expression used in these Regulations in the first column in the table below have the meaning given by the statutory provision referred to in the second column of that table:
“appointed day” section 20(7) of the Act; “appropriate diocesan authority” section 142(1) and (4) of the Act; “Church of England school” section 142(1) of the Act; “Church in Wales school” section 142(1) of the Act; “final decision” paragraph 5(4) of Schedule 2 to the Act; “foundation” section 21(3) of the Act; “foundation body” section 21(4) of the Act; “indicative allocation” paragraph 3 of Schedule 2 to the Act; “parent” section 576 of the Education Act 1996; “promoters” section 212(1) of the Education Act 1996; “preliminary decision” paragraph 4(1) of Schedule 2 to the Act; “Roman Catholic Church school” section 142(1) of the Act; “school day” section 579(1) of the Education Act 1996; “transfer agreement” paragraph 4(4) or 7(4), as the case may be, of Schedule 21 to the Act.
3
Notwithstanding any provision of the instrument of government for a grant-maintained school (made pursuant to Chapter IV of Part I of the Education Reform Act 1988 , Chapter V of Part II of the Education Act 1993 , or Chapter V of Part III of the Education Act 1996) or for a grant-maintained special school (made pursuant to Part III of the Education Act 1993 or Chapter II of Part IV of the Education Act 1996), in so far as these Regulations make different provision to the instrument of government, these Regulations are to apply instead.
4
In these Regulations, unless the context otherwise requires, a reference to a numbered regulation is a reference to a regulation in these Regulations so numbered and any reference to a paragraph is to a paragraph of the regulation in which the reference is made, and any reference to a sub-paragraph is a reference to a sub-paragraph of the paragraph in which the reference is made.
5
A failure by any person to discharge any duty under these Regulations within a time limit prescribed by these Regulations shall not relieve such a person of that duty.
PART II
PROCEDURE FOR ALLOCATION TO NEW CATEGORIES
Meetings to take preliminary decision
3
1
The governing body of a school shall take on or before 20th November 1998 a decision (their “preliminary decision”) under paragraph 4 of Schedule 2 to the Act on the question whether —
a
to accept the school’s allocation to a particular category of schools in accordance with the indicative allocation set out in paragraph 3 of Schedule 2 to the Act, or
b
to opt for it to be allocated to a different category.
2
The chairman of the governing body shall direct the clerk to the governing body as to the date for the meeting at which the governing body are to take their preliminary decision and the clerk shall, when convening that meeting, comply with such direction.
3
Without prejudice to their obligation under paragraph (1), the governing body of a school may not take their preliminary decision at any meeting unless —
a
the clerk to the governing body, has given to every member of the governing body at least five school days notice of the meeting and that notice shall be given together with a copy of the agenda for the meeting which shall include the consideration of the governing body’s preliminary decision referred to in paragraph (1) as a specific item of business for the meeting; and
b
the clerk to the governing body has given at least twenty school days notice of the meeting —
i
in the case of a Church school, to the appropriate diocesan authority; and
ii
in the case of any school where any person holds land on trust for the purposes of the school, to such a person;
and the notice under sub-paragraph (b) shall state that any representations in response to the notice shall be sent to the clerk to the governing body no later than five school days before the date of the meeting.
4
The clerk to the governing body shall give to every member of the governing body, at least two school days before the date of the meeting, a copy of any written representations received by him at any time up to five school days before the meeting, in response to the notice given under paragraph (3)(b).
5
The governing body shall at the meeting to consider their preliminary decision take into account any representations made in response to the notice given under paragraph (3)(b).
Notification of preliminary decision
4
1
Following the taking of their preliminary decision, the governing body shall, no later than five school days following the date of the meeting at which that decision was taken —
a
notify the persons referred to in paragraph (3) of their preliminary decision, and
b
give the persons referred to in paragraph (3)(a) the information referred to in paragraph (2) and give the persons referred to in paragraph (3)(b) to (d) the information referred to in paragraph (2)(a) and (b).
2
The information referred to in paragraph (1) is the following information —
a
in the case where the governing body’s preliminary decision is to opt for the school to be allocated to a category other than its indicative allocation, the governing body’s reasons for their preliminary decision;
b
the date on which the governing body took their preliminary decision;
c
that a ballot of parents will be required to be held on the question of the choice of category for the school if a petition from parents is received which meets the requirements of regulation 6;
d
a statement which sets out regulation 6 of these Regulations or a statement to the like effect;
e
the number, as determined in accordance with regulation 5(1)(a) and (b), of registered parents of registered pupils at the school required for such parents to be able to obtain a copy of the parental list;
f
a statement that the only purposes for which the parental list may be obtained are for raising a petition in relation to the choice of category for the school or for circulating information where a ballot is to be held on that question;
g
a statement that a registered parent of a registered pupil at the school is entitled to have his name and address excluded from the parental list where, no later than the end of the period of ten school days beginning with the date on which the governing body took their preliminary decision, he requests the governing body not to disclose that information; and
h
the last date by which the petition may be received by the governing body pursuant to regulation 6(5).
3
The persons referred to in paragraph (1) are —
a
registered parents of registered pupils at the school;
b
the local education authority for the area in which the school is situated;
c
in the case of a Church school, the appropriate diocesan authority; and
d
any person holding land on trust for the purposes of the school.
Parental list
5
1
Where —
a
any ten or more registered parents of registered pupils at a school, or (if fewer)
b
a number of such parents equal to at least 20 per cent. of the number of registered pupils at the school, or
c
in the case of a Church school, the appropriate diocesan authority.
so request and paragraph (2) applies, the governing body of the school shall, subject to paragraph (4), provide one of those parents (who is nominated by those parents for the purpose) or the appropriate diocesan authority, as the case may be, with a list containing the name and address of every registered parent of a registered pupil at the school.
2
This paragraph applies if the request is made for the purpose of —
a
raising a petition on the question of the category to which the school should be allocated in accordance with Schedule 2 to the Act and regulation 17, or
b
circulating information to any registered parent of a registered pupil at the school where a ballot of such parents is required to be held on that question pursuant to regulation 8.
3
If a registered parent so requests, the governing body shall inform him of the number of registered pupils at the school.
4
The governing body shall not disclose to a parent or the appropriate diocesan authority under paragraph (1) the name and address of any person who has, no later than the end of the period of ten school days beginning with the date on which the governing body took their preliminary decision, requested the governing body not to disclose that information; and accordingly, the name and address of that person shall be excluded from the list there mentioned.
5
A governing body who in pursuance of paragraph (1) provide copies of the list there mentioned may charge such fee as they think fit (not exceeding the cost of supply) in respect of each copy so supplied.
Parental Petition
6
1
Regulation 8 applies where the governing body of a school receive the first, but not any subsequent, petition which meets the requirements of this regulation.
2
The petition must be signed by a number of registered parents of registered pupils at the school equal to at least 20 per cent. of the number of registered pupils at the school; and in this paragraph “registered” means shown in the register kept under section 434 of the Education Act 1996 and the Education (Pupil Registration) Regulations 1995 as that register has effect on the date on which the petition is received.
3
The petition must include the name and address of each such parent who signs it and must indicate the name and address of the person who has organised the making of the petition.
4
The petition must state that those who sign it —
a
disagree with the governing body’s preliminary decision (which decision shall be stated in the petition);
b
prefer the school to be allocated to a different category, in accordance with Schedule 2 to the Act and regulation 17 (which category shall be stated in the petition); and
c
seek a ballot of parents as to the category to which the school should be allocated.
5
The petition must be received by or on behalf of the governing body on or before the date which is thirty-five school days following the date of the meeting at which the governing body took their preliminary decision.
6
For the purposes of paragraph (1), “petition” includes the aggregation of any number of petitions so received where the petitions are in favour of the same category of schools in accordance with paragraph (4)(b).
7
Within three school days following the date of receipt of a petition as to the category to which the school should be allocated, the governing body shall inform the person who organised the making of the petition whether or not it meets the requirements of regulation 6.
Ballots of parents
8
1
Where a petition meets the requirements of regulation 6, a ballot of parents shall be held in accordance with regulations 9 and 10 on the question of the category to which the school should be allocated in accordance with Schedule 2 to the Act and regulation 17.
2
Within five school days following the date of receipt of a petition which meets the requirements of regulation 6, the governing body of the school shall inform the persons referred to in paragraph (3) below of the preferred category for the school stated in the petition and that a ballot of parents is required to be held on the question of the category to which the school should be allocated in accordance with Schedule 2 to the Act and regulation 17.
3
The persons referred to in paragraph (2) are —
a
the local education authority for the area in which the school is situated;
b
in the case of a Church school, the appropriate diocesan authority;
c
any person holding land on trust for the purposes of the school; and
d
the ballot administration company.
4
Within the same period as is referred to in paragraph (2), the governing body of the school shall notify the ballot administration company of both the governing body’s preliminary decision and the school’s indicative allocation.
9
1
For the purposes of these Regulations a person is eligible to vote in a ballot held pursuant to regulation 8 if he is an individual who is a registered parent of a registered pupil at the school.
2
In paragraph (1) “registered” means shown in the register kept under section 434 of the Education Act 1996 and the Education (Pupil Registration) Regulations 1995 as that register has effect on the date immediately following the end of the period of ten school days beginning with the date on which a petition which meets the requirements of regulation 6 was receiving by the governing body.
3
The governing body of the school shall, after the period referred to in paragraph (2) and no later than the date immediately following the period of fifteen school days beginning with the date on which a petition meeting the requirements of regulation 6 is received by the governing body, provide the ballot administration company with the electoral list which is to be as accurate as the governing body can reasonably secure.
4
The governing body of a school shall provide such information and give such assistance to the ballot administration company as that company may require in connection with the ballot.
10
1
The ballot administration company shall arrange for a secret postal ballot and shall inform those persons eligible to vote in the ballot that they are entitled to do so.
2
The ballot papers to be sent to parents for the purpose of voting in the ballot shall include the following information —
a
the school’s indicative allocation;
b
the governing body’s preliminary decision;
c
the choice of categories of schools available in the ballot for parents to vote for in accordance with Schedule 2 to the Act and regulation 17; and
d
the date by which ballot papers must be returned (which shall be the end of the period of ten school days beginning with the date on which the ballot papers are sent to parents).
11
1
Where the number of votes cast in a ballot held in respect of a school pursuant to regulation 8 shows that more than 50 per cent. of those eligible to vote in the ballot so voted and that, of those votes cast, more than 50 per cent. are in favour of a particular category of schools in accordance with Schedule 2 to the Act and regulation 17, there shall be a result of the ballot for the purposes of these Regulations and Schedule 2 to the Act and the result shall be seen as being in favour of that category.
2
The date when the ballot outcome is determined is the date on which the governing body receives notification of the outcome of the ballot from the ballot administration company.
12
1
Paragraph (3) applies where, within the period of ten school days beginning with the date on which the outcome of the ballot is determined, the Secretary of State receives a complaint about the ballot on any of the grounds referred to in paragraph (2) from any of the following —
a
any ten or more registered parents of registered pupils at the school;
b
the governing body of the school;
c
the local education authority for the area in which the school is situated;
d
in the case of a Church school, the appropriate diocesan authority; and
e
any person holding land on trust for the purposes of the school.
2
The grounds referred to in paragraph (1) are the following grounds —
a
that any requirements of regulation 9 or 10 have been contravened in the case of a ballot held pursuant to regulation 8;
b
that persons other than those eligible to vote in a ballot held pursuant to regulation 8 have purported to vote in the ballot so held; or
c
that persons who are eligible to vote in a ballot so held had been prevented or hindered from doing so, or from doing so freely in accordance with their own opinions, by any other person.
3
Where it appears to the Secretary of State that any of the grounds referred to in paragraph (2) apply and that voting in a ballot is likely to have been influenced to a significant extent as a result, he may by notice given to the governing body of the school and the ballot administration company —
a
declare the ballot void; and
b
require that a fresh ballot be held before such date as he may specify in the notice.
4
Where the Secretary of State declares the ballot void and requires that a fresh ballot be held, regulations 9(1), (2) and (4), 10, 11 and this regulation shall apply to that fresh ballot as they apply in respect of the ballot so declared void.
Governing body’s final decision
13
1
Where no ballot of parents is required under regulation 8 to be held or a school is a grant-maintained special school established in a hospital, the governing body of the school shall —
a
in the case of a grant-maintained school or a grant-maintained special school not established in a hospital, within the period of twenty school days beginning with the last date by which a petition can be received pursuant to regulation 6(5), or
b
in the case of a grant-maintained special school established in a hospital, within the period of fifty-five school days beginning with the date of the meeting at which the governing body took their preliminary decision,
take a decision (referred to as their “final decision”) confirming the governing body’s preliminary decision.
2
Where a ballot of parents has been held by virtue of regulation 8 and the result (if any) of the ballot is not to disagree with the governing body’s preliminary decision, the governing body of the school shall, within the period of fifteen school days beginning with the date on which the outcome of the ballot is determined and in any event before 23rd April 1999, take a decision (referred to as their “final decision”) confirming the governing body’s preliminary decision.
3
Where a ballot of parents has been held by virtue of regulation 8 and the result of the ballot does not accord with the governing body’s preliminary decision, the governing body of the school shall, within the period of fifteen school days beginning with the date on which the outcome of the ballot is determined and in any event before 23rd April 1999, reconsider the question referred to in regulation 3(1) having regard to that ballot result and take a further decision (referred to as their “final decision”) on that question.
4
Subject to regulation 15(1), the chairman of the governing body shall direct the clerk to the governing body as to the date for the meeting at which the governing body are to take their final decision pursuant to paragraph (1), (2) or (3), as the case may be, and the clerk shall, when convening that meeting, comply with such direction.
5
Subject to regulation 15(1), without prejudice to their obligation under, as the case may be, paragraphs (1), (2) or (3), the governing body of a school may not hold their meeting to take their final decision unless the clerk to the governing body has given every member of the governing body at least five school days notice of that meeting; and that notice shall be given together with a copy of the agenda for the meeting which shall include the consideration of the governing body’s final decision as a specific item of business for the meeting.
14
1
Within the period of five school days following the date on which the final decision referred to in regulation 13 is taken, the governing body shall inform the persons referred to in paragraph (2) in writing, and notify the Secretary of State, of that final decision .
2
The persons referred to in paragraph (1) are —
a
the local education authority for the area in which the school is situated; and
b
in the case of a Church school, the appropriate diocesan authority; and
c
any person holding land on trust for the purposes of the school.
3
The governing body’s notification to the Secretary of State referred to in paragraph (1) shall give the information referred to in sub-paragraphs (a) to (e) and certify the matters referred to in sub-paragraph (f) —
a
the name and address of the school;
b
the existing and indicative category in respect of the school;
c
the governing body’s preliminary decision and the date of the meeting at which the governing body took that decision;
d
where there was a ballot required to be held pursuant to regulation 8, the category for the school which was favoured by the result (if any) of the ballot;
e
the final decision and the date it was taken; and
f
where notice of the governing body’s meeting to consider their preliminary decision was required to be given under regulation 3(3)(b), that the notice was given to the persons referred to in regulation 3(3)(b)(i) or (ii) or both as appropriate.
4
Where the final decision or a ballot result is for a category of schools other than the school’s indicative allocation, the governing body shall provide the Secretary of State with a copy of any representations, indicating the maker of any representations, received by the clerk to the governing body in response to the notice given under regulation 3(3)(b).
5
The governing body of a school shall inform registered parents of registered pupils at the school of the final decision taken pursuant to regulation 13 —
a
in cases where no ballot was required to be held, on or before 1st April 1999; or
b
in cases where a ballot was required to be held, within the period of five school days following the date on which the final decision was taken.
15
1
The governing body of a school may delegate their function of taking the final decision referred to in, respectively, regulation 13(1) and (2) to the chairman of the governing body, but may not delegate their function of taking their preliminary decision or the final decision referred to in regulation 13(3); and, where the function of taking the final decision referred to in, respectively, regulation 13(1) and (2) is so delegated, regulation 13(4) and (5) shall not apply.
2
The quorum for a meeting of the governing body of a school to consider their preliminary or final decision and any vote on those matters thereat shall be two-thirds (rounded up to a whole number) of the persons who are at the time members of the governing body.
16
1
The governing body of a school shall keep any responses to the notice given pursuant to regulation 3(3)(b) until at least 1st February 2000.
2
The governing body of a school shall make all such responses available for inspection at the school at all reasonable times to the following persons —
a
registered parents of registered pupils at the school;
b
the local education authority in which the school is situated;
c
in the case of a Church school, the appropriate diocesan authority; and
d
any person holding land on trust for the purposes of the school.
PART III
RESTRICTIONS ON DECISIONS AS TO CATEGORIES
17
1
A grant-maintained school shall not be allocated under paragraph 7 of Schedule 2 to the Act to the category of community special school or foundation special school.
2
A grant-maintained special school shall not be allocated under paragraph 7 of Schedule 2 to the Act to any category other than community special school or foundation special school.
3
Subject to paragraph (4), a grant-maintained school or a grant-maintained special school shall not be allocated under paragraph 7 of Schedule 2 to the Act to the category of community school or community special school, as the case may be, unless the Secretary of State is satisfied that the execution of a transfer agreement will effect the transfer of any land held by either the governing body or trustees which is needed by the local education authority in order to maintain the school as a community or community special school, as the case may be.
4
A grant-maintained school at which —
a
the provision for religious education for registered pupils at the school, required by section 352(1)(a) of the Education Act 1996 to be included in the school’s basic curriculum is, pursuant to section 381(2) of that Act, in accordance with the tenets of a particular religion or religious denomination, or
b
the registered parents of any such pupils are able to request, pursuant to section 380(2) and (3) of that Act, that the pupils may receive religious education in accordance with the tenets of a particular religion or religious denomination,
shall not be allocated under paragraph 7 of Schedule 2 to the Act to the category of community school.
5
Subject to paragraph (6), a grant-maintained school which was not a voluntary school within the meaning of the Education Act 1996 immediately before the school became grant-maintained or which was not established as a grant-maintained school by promoters shall not be allocated under paragraph 7 of Schedule 2 to the Act to the category of voluntary controlled school or voluntary aided school unless —
a
it is to belong to a group of schools for which a foundation body is to act under section 21 of the Act; or
b
the Secretary of State is satisfied that —
i
it has or proposes to have a foundation which is established otherwise than under the Act;
ii
a significant part of the land to be used for the purposes of the school is, or is to be, held by the foundation on trust for those purposes; and
iii
in the case of a grant-maintained school seeking to become a voluntary aided school, the foundation will be able and willing to pay so much as may be necessary of the governing body’s expenses in discharging any of their liabilities under Schedule 3 to the Act.
6
A grant-maintained school whose indicative allocation under paragraph 3 of Schedule 2 to the Act is not voluntary aided school shall not be allocated under paragraph 7 of that Schedule to that category unless the Secretary of State is satisfied that the governing body will be able, with the assistance of grant under Schedule 3 to the Act, to meet the expenses of discharging their liabilities under that Schedule.
PART IV
TRANSITIONAL PROVISIONS
18
The provisions of Schedule 2 to the Act shall not apply in the case of any grant-maintained or grant-maintained special school, as the case may be, where —
a
proposals under section 267 or 268 of the Education Act 1996 have been published in respect of the discontinuance of a grant-maintained school and have been approved, or adopted, as the case may be, under section 269 of that Act and the date of discontinuance with respect to the school is on or before 1st September 1999;
b
the Secretary of State has given notice under section 272 of that Act to the governing body of a grant-maintained school or, under that section as applied to grant-maintained special schools by the 1994 Regulations, to the governing body of a grant-maintained special school, indicating that the funding authority’s duty to maintain the school will cease on a specified date which is on or before 31st March 1999; or
c
notice of proposals under section 339 of the Education Act 1996 has been served in respect of the discontinuance of a grant-maintained special school and the proposals have been approved under section 340 of that Act or, as the case may be, adopted pursuant to provisions of section 269 of that Act as applied to those proposals by virtue of the 1994 Regulations and the date of discontinuance with respect to the school is on or before 1st September 1999.
19
1
Paragraph (2) applies in any case where —
a
proposals under sections 211(3) or 212(1) of the Education Act 1996 have been published for the establishment of a new grant-maintained school and approved or, as the case may be, adopted under section 214 of that Act and there is in existence a governing body of the school incorporated pursuant to section 215 of that Act; or
b
notice of proposals under section 339(2)(a) of that Act to establish a new grant-maintained special school has been served and the proposals have been approved under section 340 of that Act and there is in existence a governing body of the school incorporated pursuant to section 339(7) of that Act; and
the school opening date in respect of the school falls on or after 30th September 1998.
2
Where this paragraph applies, the provisions of paragraphs 4 to 7 of Schedule 2 to the Act shall not apply, but the provisions made by paragraphs (3) to (7) and regulations 20 to 22 shall, in any such case, apply instead.
3
The governing body of such a school as is referred to in paragraph (1) must take on or before 26th February 1999 a decision (their “decision”) on the question whether —
a
to accept the school’s allocation to a particular category of schools in accordance with the indicative allocation set out in paragraph 3 of Schedule 2 to the Act, or
b
to opt for it to be allocated to a different category.
4
The chairman of the governing body shall direct the clerk to the governing body as to the date for the meeting at which the governing body are to take their decision and the clerk shall, when convening that meeting, comply with such direction.
5
Without prejudice to their obligation under paragraph (3), the governing body may not take their decision at any meeting unless the clerk to the governing body, has given to —
a
every member of the governing body; and
b
any person holding land on trust for the purposes of the school
at least twenty-one clear days notice of the meeting together with a copy of the agenda for the meeting which includes the consideration of the governing body’s decision referred to in paragraph (3) as a specific item of business for the meeting; and the notice to the persons referred to at sub-paragraph (b) shall state that any representations in response to the notice shall be sent to the clerk to the governing body no later than seven clear days before the meeting.
6
The clerk to the governing body of a school shall give to every member of the governing body, at least two clear days before the meeting, a copy of any written representations received by him at any time up to seven clear days before the meeting, from any person holding land on trust for the purposes of the school.
7
The governing body of a school shall, at the meeting to consider their decision, take into account any representations made by any person holding land on trust for the purposes of the school.
20
1
Within the period of seven clear days following the date on which the meeting is held at which such a governing body of a school take their decision, the governing body shall notify the persons referred to in paragraph (2) of their decision.
2
The persons referred to in paragraph (1) are —
a
the local education authority for the area in which the school is or is to be situated;
b
the Secretary of State; and
c
any person holding land on trust for the purposes of the school.
3
Where the governing body’s decision is for a category which is different to the school’s indicative allocation, the governing body shall provide the Secretary of State with a copy of any representations, indicating the maker of any representations, received by the clerk to the governing body in response to the notice given under regulation 19(5)(b).
21
1
If the decision of the governing body of a school accords with the school’s indicative allocation, the school shall be allocated to that category provided for by the indicative allocation, pursuant to paragraph 2 of Schedule 2 to the Act, on the appointed day.
2
If the decision by the governing body of a school does not accord with the school’s indicative allocation, the school shall be allocated, subject to regulation 17, to such category as the Secretary of State may determine, pursuant to paragraph 2 of Schedule 2 to the Act, on the appointed day.
3
The Secretary of State shall notify the governing body of a school of the category to which it is allocated in accordance with this regulation.
22
1
The governing body of a school may not delegate their function of taking their decision.
2
The quorum of a meeting of the governing body of a school to consider their decision and any vote on the matter thereat shall be two-thirds (rounded up to a whole number) of the persons who are at the time members of the governing body.
Tessa Blackstone
Minister of State,
Department for Education and Employment
7th August 1998
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
10th August 1998


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service Pension Scheme Amendment (No. 2) Regulations 1998 and shall come into force on 1st October 1998.
Amendment of the National Health Service Pension Scheme Regulations 1995
2
The National Health Service Pension Scheme Regulations 1995 shall be amended in accordance with regulations 3 to 9 below.
Amendment of regulation A2
3
In regulation A2 (interpretation)–
a
after the definition of “contracting-out requirements”, insert the following definitions–
“dental hygienist” means a person whose name is included in the roll of dental hygienists referred to in regulation 21 of the Dental Auxiliaries Regulations 1986 ;
“dental list” means a list prepared in accordance with regulations made under section 36(1)(a) of the 1977 Act;
“dental pilot scheme employee” means an individual who, in connection with the provision of personal dental services in accordance with a pilot scheme, is employed by an individual providing those services;
“dental therapist” means a person whose name is included in the roll of dental therapists referred to in regulation 25 of the Dental Auxiliaries Regulations 1986;
;
b
after the definition of “guaranteed minimum pension”, insert the following definition–
“the health service” has the meaning given in section 128(1) of the 1977 Act;
;
c
after the definition of “medical list” , insert the following definition–
“medical pilot scheme employee” means an individual who, in connection with the provision of personal medical services in accordance with a pilot scheme, is employed by an individual providing those services;
;
d
after the definition of “mental health officer”, insert the following definition–
“ NHS dental employee” means an individual who, in connection with the provision of dental health services in the health service, is employed by–
a National Health Service trust;
a Health Authority;
a registered dentist; or
a registered dentist who is providing personal dental services in accordance with a pilot scheme;
;
e
after the definition of “pensionable service”, insert the following definitions–
“personal dental services” has the meaning given in section 1(8) of the 1997 Act;
“personal medical services” has the meaning given in section 1(8) of the 1997 Act;
;
f
the definition of “pilot scheme employee” shall be deleted;
g
after the definition of “qualifying service”, insert the following definition–
“registered dentist” has the meaning given in section 53(1) of the Dentists Act 1984 ;
.
Amendment of regulation B2
4
1
In paragraph (d) of regulation B2 (restrictions on membership) after the word “scheme” for “.” substitute “;”.
2
After paragraph (d) of that regulation insert the following paragraphs–
e
a person, other than a registered dentist or a dental therapist, who is employed as a dental pilot scheme employee otherwise than by a National Health Service trust, and who either–
i
was, immediately prior to the commencement of such employment, an NHS dental employee who was not eligible to join the scheme; or
ii
has not previously been in employment as an NHS dental employee;
f
a provider of personal dental services under a pilot scheme to whom these Regulations did not apply immediately prior to the commencement of the pilot scheme, other than a registered dentist or a dental therapist.
.
Amendment of regulation D1
5
In paragraph (5) of regulation D1 (contributions by members) for “21st” substitute “19th”.
Amendment of regulation E3
6
For paragraph (4) of regulation E3 (early retirement pension (redundancy etc. )) substitute the following paragraph–
4
This regulation shall not apply to–
a
a member who is providing piloted services;
b
a member to whom regulation R11(1)(a) or (b) of these Regulations applies; or
c
a member who is a dental pilot scheme employee and who is employed by a provider of piloted services other than a National Health Service trust.
.
Amendment of regulation E4
7
For paragraph (4) of regulation E4 (early retirement pension (employer’s consent)) substitute the following paragraph–
4
This regulation shall not apply to–
a
a member who is providing piloted services under a pilot scheme;
b
a member to whom regulation R11(1)(a) or (b) of these Regulations applies; or
c
a member who is a dental pilot scheme employee and who is employed by a provider of piloted services other than a National Health Service trust.
.
Amendment of regulation R11
8
For regulation R11 (participators in pilot schemes) substitute the following regulation–
Participators in pilot schemes
R11
1
For the purposes of these Regulations, for the duration of any pilot scheme–
a
a registered medical practitioner or a registered dentist–
i
who is, in relation to the pilot scheme, a person providing piloted services, a medical pilot scheme employee, or a dental pilot scheme employee; and
ii
who, immediately prior to the commencement of the pilot scheme, was a member of the scheme by reason of his employment as a practitioner,
shall be treated as a practitioner employed by the relevant Health Authority;
b
a registered dentist who is engaged, under a contract for services, by a person providing piloted services to carry out personal dental services in accordance with a pilot scheme shall be treated as a practitioner employed by the relevant Health Authority;
c
a registered dentist shall be treated as an officer if–
i
he is a dental pilot scheme employee; and
ii
immediately prior to the commencement of the pilot scheme he was a member by virtue of his employment as an officer; and
iii
his name was at that time included in a dental list immediately prior to the commencement of the pilot scheme;
d
a registered medical practitioner or a registered dentist, to whom paragraph (a) above does not apply, shall–
i
if he is providing piloted services, be treated as a practitioner employed by the relevant Health Authority; or
ii
if he is a medical pilot scheme employee or a dental pilot scheme employee, be treated as an officer employed by the provider of the piloted services;
e
a person who is providing piloted services shall be liable to pay contributions under regulation D2 in respect of a member to whom paragraph (b) above applies, or who is employed by him as a medical pilot scheme employee, or as a dental pilot scheme employee;
f
a member who, immediately prior to the commencement of a pilot scheme–
i
was employed as an NHS employee or as an NHS dental employee and was not a registered dentist;
ii
was employed as a medical pilot scheme employee, and was not a registered medical practitioner; or
iii
was employed as a dental pilot scheme employee, and was not a registered dentist;
and who, after the commencement of the pilot scheme, is providing piloted services, shall be treated as a whole-time officer employed by the relevant Health Authority;
g
a medical pilot scheme employee, who is employed otherwise than by a National Health Service trust, and to whom paragraph (a) or (d)(ii) does not apply, shall be treated for the purposes of these Regulations as if he were practice staff;
h
a person other than a registered dentist who–
i
is employed as a dental pilot scheme employee otherwise than by a National Health Service trust;
ii
immediately prior to the commencement of such employment, was employed by a National Health Service trust or by a Health Authority as an NHS dental employee; and
iii
was at that time a member,
shall continue to be eligible to be a member;
i
a dental therapist who–
i
is a provider of piloted services or is a dental pilot scheme employee; and
ii
immediately prior to the commencement of the dental pilot scheme was not a member,
shall be eligible to be a member.
2
In paragraph (1) above “relevant Health Authority” means the Health Authority which has made an agreement with a person for that person to provide piloted services in the Health Authority’s area.
.
Amendment of Schedule 2
9
1
For paragraph 6(2)(b) of Schedule 2 (medical and dental practitioners — meaning of “pensionable earnings” in relation to other practitioners) substitute the following paragraph–
b
a practitioner employed as a medical or dental pilot scheme employee, or to whom regulation R11(1)(b) applies, “pensionable earnings” means all salary or wages paid to the practitioner in respect of employment as a practitioner, but does not include bonuses or payments made to cover expenses or for overtime.
.
2
In paragraph 19 of that Schedule (members absent from work)–
i
in sub-paragraph (6)(a) after the word “medical” insert the words “or dental”;
ii
in sub-paragraph (6)(b) before the word “pilot” where that word first appears, insert the words “medical or dental”.
Signed by authority of the Secretary of State for Health.
Alan Milburn
Minister of State,
Department of Health
7th September 1998
We consent to the making of these Regulations
Jim Dowd
David Jamieson
Lords Commissioners of Her Majesty’s Treasury
9th September 1998