text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (South Wessex 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 Wessex Downs) Designation (Amendment) Order 1993 , as amended at the date that this Order comes into force.
Amendment of the principal Order
3
The principal Order shall be amended in accordance with the following provisions of this Order.
4
In article 2(1) of the principal Order, the provisions immediately following the words “In this Order — ” to the end of article 2(1), in so far as they were made under section 18 of the Agriculture Act 1986, shall be deleted and the following definitions shall be inserted at their appropriate alphabetical place:
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3;
“capital activity” means an activity specified in Schedule 1;
“conservation headland” means a strip of land subject to restrictions on the use of fertilisers and herbicides, that is at least six metres wide along the edge of a field growing arable crops;
“conservation plan” means a plan incorporated into an agreement for the carrying out of one or more capital activities within a specified period;
“cultivated land” means land which is regularly ploughed or otherwise cultivated or that is regularly treated with fertilisers;
“downland turf” means grassland other than permanent ley or intensive grassland, situated on undulating chalk hills;
“farmer” means a person who has an interest in agricultural land in the area designated by article 3, and who has also entered into an agreement with the Minister;
“improved permanent grassland” means permanent grassland that is regularly treated with fertilisers, and used for pasture or for the production of hay or silage;
“low input grassland” means grassland which has not normally been ploughed or reseeded for at least five years and which is receiving no or only minimal input of fertiliser, pesticides, nutrients or other agricultural admixtures;
“management activity” means an activity specified in Schedule 2;
“permanent grassland” means grassland which has not been ploughed or reseeded for at least five years;
“public access route” means a strip of land which is the subject of an agreement and on which access is given to the public;
“relevant date” means 22nd June 1998;
“woodland” means land used for woodland where that use is ancillary to the farming of land for other agricultural purposes.
.
5
In article 3 of the principal Order, for the words “dated 4th January 1993, signed and sealed by the Minister” there shall be substituted “dated 18th May 1998, signed on behalf of the Minister by the Parliamentary Secretary”.
6
For article 4 of the principal Order and the heading thereto there shall be substituted the following article and heading —
Matters in respect of which payments may be made
4
A payment to be made by the Minister under an agreement may be made in respect of —
a
a capital activity; or
b
a management activity which —
i
in the case of a payment to be made under an agreement entered into before the relevant date, is specified in Part I or Part II of Schedule 2; and
ii
in the case of a payment to be made under an agreement entered into on or after the relevant date, is specified in Part I of Schedule 2.
.
7
For article 5 of the principal Order and the heading thereto there shall be substituted the following article and heading —
Rates of payment
5
1
Payments to be made by the Minister under an agreement shall not exceed —
a
in the case of a management activity, the rate specified in respect of that activity in column 2 of Schedule 2; and
b
in the case of one or more capital activities included in a conservation plan, £100,000 in aggregate.
2
Any works which form part of an activity which constitutes both a management activity and a capital activity may by virtue of an agreement be eligible for payment either as part of a management activity or as part of a capital activity, but the agreement together with any conservation plan incorporated in it shall not provide for payment to be made on both such bases in respect of the same works.
.
8
For Schedule 1 to the principal Order there shall be substituted the Schedule set out in Schedule 1 to this Order.
9
For Schedule 2 to the principal Order there shall be substituted the Schedule set out in Schedule 2 to this Order.
10
The following provisions of the principal Order shall be deleted —
a
articles 4A and 6; and
b
Schedules 1A and 3.
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


type: legislation

jurisdiction: UK

text:
PART I
PRELIMINARY
Citation and commencement
1
These Regulations may be cited as the Education (Grammar School Ballots) Regulations 1998 and shall come into force on the fourteenth day after the day on which they are made.
Interpretation
2
1
In these Regulations —
“ the Act ” means the School Standards and Framework Act 1998;
“area ballot” has the meaning given in regulation 11(2);
“ballot registered parent” means a parent who is an eligible parent by virtue of regulation 4(1)(c);
“ballot result date” means the date on which the designated body give the notification of the result of a ballot under regulation 14(5);
“designated body” has the meaning given in regulation 3;
“electoral list” for a school means, subject to regulation 19(5), a list of the names and addresses of the registered parents of registered pupils at the school other than —
a registered parent falling within regulation 4(3);
a registered parent whose only child at the school in question is a pupil who falls to be disregarded under regulation 4(4) or (6); or
where the school is an independent school situated in a relevant area, a registered parent who is not resident in that area;
“eligible parent” has the meaning given in regulation 4;
“feeder school” has the meaning given in regulation 6;
“feeder school ballot” has the meaning given in regulation 11(2);
“governing body”, in relation to a nursery school maintained by a local education authority or a pupil referral unit, means the local education authority which maintains that school or unit;
“group of grammar schools” means one of the groups of grammar schools specified in Schedule 2 (maintained by the local education authority specified in the right hand column of Schedule 2 or, where the school is a grant-maintained school, situated in the area of that authority);
“moratorium period” for any relevant area, group of grammar schools or stand alone grammar school means the period referred to in regulation 16 as it applies to that area, group or school;
“petition for an area ballot” and “petition for a feeder school ballot” have the meanings given in regulation 7(3);
“petition organiser” has the meaning given in regulation 8(5);
“petition period” means —
the period from the date on which these Regulations come into force until 31st July 1999; and
each subsequent period from 1st September in one year to 31st July in the next year;
“registered” except in regulation 5 and in the context of parents registered under regulation 5, means shown in the register kept under section 434 of the Education Act 1996 and the Education (Pupil Registration) Regulations 1995 and “register” shall be construed accordingly;
“relevant area” means —
the area of a local education authority specified in Schedule 1, and
the area comprising the London borough of Sutton and the Nonsuch ward in the county of Surrey;
“relevant school”, in relation to a petition or ballot, means —
in the case of an area ballot or petition for such a ballot, a school referred to in regulation 4(1)(a) or (b) in relation to the area in question, and
in the case of a feeder school ballot or petition for such a ballot, a school which is a feeder school for the group of grammar schools or, as the case may be, the stand alone grammar school in question;
“school registered parent” means a parent who is an eligible parent by virtue of regulation 4(1)(a) or (b) or (2);
“stand alone grammar school” means a grammar school specified in Schedule 3 (maintained by the local education authority specified in the right hand column of Schedule 3 or, where the school is a grant-maintained school, situated in the area of that authority);
“summer holidays”, in relation to any school, means a holiday period any part of which falls between 31st July and 1st September;
“transfer age group” means —
for a grammar school, the highest relevant age group (within the meaning of section 142(1) of the Act) for that grammar school, disregarding any relevant age group in which the majority of the pupils admitted to the school are over compulsory school age; and
for a group of grammar schools, the highest of the transfer age groups for the grammar schools in the group; and
“valid petition” has the meaning given in regulation 7(1).
2
Any reference in these regulations to a ballot being in favour of retaining selective admission arrangements is a reference to the result of a ballot being that the school or schools to which the ballot relates should retain selective admission arrangements.
3
For the purpose of these regulations the date of an electoral list is the date on which the register by reference to which the electoral list is compiled has effect (and is, accordingly, the date referred to in regulation 19(4)).
Designation of body
3
Electoral Reform (Ballot Services) Ltd. is prescribed for the purposes of section 105(3)(c) of the Act and that body is referred to in these Regulations as “the designated body”.
Meaning of “eligible parent”
4
1
Subject to paragraphs (3) to (5) below, in relation to an area ballot or a petition for such a ballot a person is an “eligible parent” on any date if —
a
on that date the person is a registered parent of a child who is a registered pupil at a school —
i
maintained by the local education authority for the relevant area in question, or
ii
(where the area is that falling within paragraph (b) of the definition of relevant area) maintained by the council of the London borough of Sutton or maintained by a local education authority and situated in the Nonsuch ward in the county of Surrey;
b
on that date the person is resident in the relevant area in question and is a registered parent of a child who is a registered pupil at an independent school situated in the area; or
c
on that date the person is a parent who does not fall within sub-paragraph (a) or (b), is resident in the relevant area in question and is the parent of a child who —
i
is a pupil at a school (whether it is maintained by a local education authority, a special school not maintained by a local education authority or an independent school), or
ii
is being educated otherwise than at school, or
iii
has not begun to be of compulsory school age,
and who is registered with the designated body under regulation 5 below.
2
Subject to paragraphs (3) and (6) below, in the context of a feeder school ballot or a petition for such a ballot a person is an eligible parent on any date if that person is a parent of a child who is a pupil at a feeder school for the stand alone grammar school or group of grammar schools in respect of which the ballot is being held or the petition raised.
3
A parent of the following description is not an eligible parent —
a
a parent falling within paragraph (1)(a) or (2) who on the date in question is resident outside the United Kingdom, or
b
a parent who is not an individual.
4
A child of a parent falling within paragraph (1)(a), (b) or (c)(i) shall be disregarded for the purposes of that paragraph if he is over compulsory school age on the date in question.
5
A child of a parent falling within paragraph (1)(c) (ii) shall be disregarded for the purposes of that paragraph if the child is over 16 on the date in question.
6
A child of a parent falling within paragraph (2) shall be disregarded for the purposes of that paragraph if, on the date in question he is over the transfer age group for the group of grammar schools or stand alone grammar school in question.
7
In this regulation —
a
a parent’s residence for the purpose of paragraph (1)(b) shall be determined by reference to the address contained in the admission register required to be kept by the Education (Pupil Registration) Regulations 1995; and
b
a parent’s residence for the purpose of paragraph (1)(c) shall be determined by the designated body.
Registration with the designated body
5
1
Where —
a
a person makes a written application to the designated body to register under this regulation, and
b
the designated body is satisfied that the person falls within regulation 4(1)(c) in relation to any relevant area,
the designated body shall register that person in relation to that area.
2
The designated body may require an applicant for registration to provide such information or documents as the designated body may determine in order for the designated body to determine whether the person falls within regulation (4)(1)(c) and may decline to accept an application for registration unless such information or documents are provided.
3
Where a person applies for registration under paragraph (1), registration takes effect on the date on which the designated body notify the applicant that they have determined that the person falls within regulation 4(1)(c).
4
Where the designated body are satisfied (after making such enquiries as they think fit) that a person no longer falls within regulation 4(1)(c) they shall remove that person from the register on such date as they determine.
5
Subject to regulation 22(2), if the designated body have given the notification required by regulation 10(1) that a valid petition relating to the area has been received, a person shall not be registered in relation to that area after the date 4 weeks after the date of such notification unless the subsequent ballot is in favour of retaining selective admission arrangements and (where that is the case) until the end of the moratorium period for the area.
Meaning of “feeder school”
6
1
For the purposes of these Regulations —
a
in any school year the feeder schools for a group of grammar schools are each school from which at least 5 pupils have transferred to the group of grammar schools (taken together) during the relevant period; and
b
in any school year the feeder schools for a stand alone grammar school are each school from which at least 5 pupils have transferred to the grammar school during the relevant period.
2
In determining for the purpose of this regulation the number of pupils who have transferred from a school to a grammar school in any school year, pupils who were over the age of the transfer age group for the grammar school when they transferred to the grammar school shall be disregarded.
3
In this regulation “relevant period” means the period consisting of the school year in question and the two preceding school years.
4
For the purposes of this regulation where a grammar school was established in substitution for an independent school the grammar school and the independent school shall be treated as the same school.
PART II
PETITIONS FOR A BALLOT
Petitions for a ballot — general
7
1
No ballot shall be held under these Regulations unless a request for a ballot is made by means of a petition sent to the designated body which satisfies the requirements of paragraphs (3) to (5) and regulation 8(1) to (5) (but subject to regulations 8(6) and 23(3)) (in these regulations referred to as a “valid petition”).
2
The designated body shall determine whether a petition is a valid petition.
3
A petition shall relate to —
a
all grammar schools within a relevant area,
b
a group of grammar schools, or
c
a stand alone grammar school,
and a petition which relates to a relevant area is referred to in these Regulations as a petition for an area ballot and a petition which relates to a group of grammar schools or a stand alone grammar school is referred to as a petition for a feeder school ballot.
4
A petition must be received by the designated body during a petition period.
5
Subject to paragraph (6) a petition must be signed by a number of relevant eligible parents which, when taken together with the number of relevant eligible parents who have signed any previous petition relating to the same area, group of grammar schools or stand alone grammar school which has been received by the designated body during the same petition period, is at least 20% of the parent population.
6
If a parent signs a petition on a date before the beginning of the petition period in which the petition is received, the parent’s signature shall be disregarded for the purposes of paragraph (5).
7
For the purpose of paragraph (5) —
a
the question of whether an eligible parent is a “relevant” eligible parent shall be determined in accordance with regulation 9(1) to (6);
b
“the parent population” shall be determined in accordance with regulation 9(7);
c
if the same parent signs a petition more than once or signs more than one petition relating to the same area, group of grammar schools or stand alone grammar school in any petition period, any signature in excess of one shall be disregarded; and
d
where a parent signs a petition but the information referred to in regulation 8(3) is not included, or not included in a legible form, that parent’s signature shall be disregarded.
Form of petition
8
1
A petition shall on each sheet state —
a
the grammar school or schools to which it relates; and
b
where it is a petition for an area ballot, the relevant area in question.
2
A petition shall, on each sheet, contain the following words: —
We the undersigned, being eligible parents, seek a ballot on whether those listed schools which select by academic ability should continue to do so.
3
In relation to each parent who signs a petition the following information shall be given —
a
the first name and surname and address of the parent;
b
in the case of a petition for an area ballot —
i
the name of the parent’s child or, where the parent has more than one child, the name of at least one of the parent’s children who, at the date on which the petition is signed, is of compulsory school age (where the child is a pupil at a school) or is aged 16 or under (where the child is educated otherwise than at school); and
ii
the name of the school which the child named in the petition is attending or, where the child does not attend a school, a statement to that effect; or
c
in the case of a petition for a feeder school ballot —
i
the name of a child of that parent who is a pupil at a school which is a feeder school for the group of grammar schools or, as the case may be, the stand alone grammar school to which the petition relates who, at the date on which the petition is signed, is of compulsory school age; and
ii
the name of the school which the child named in the petition is attending; and
d
the date on which the parent signs the petition.
4
A petition shall, on each sheet contain a statement to the effect that a person signing it confirms that the information given in relation to that person is true and correct.
5
The petition shall give the name and address of the person (in these Regulations referred to as the “petition organiser”) to whom notification should be given as to whether the petition is valid.
6
Where the designated body has given the notification required by regulation 10(1) that a valid petition has been received, any subsequent petition relating to the same relevant area, group of grammar schools or stand alone grammar school shall not be valid unless —
a
the subsequent ballot is in favour of retaining selective admission arrangements; and
b
no person signs it before the end of the moratorium period for the area, group of grammar schools or stand alone grammar school.
Meaning of “relevant eligible parent” and “parent population”
9
1
A parent is a relevant eligible parent if he is a school registered parent at the date of the electoral list referred to in one of paragraphs (2) to (5) as appropriate.
2
Where none of the paragraphs (3) to (5) apply the electoral list referred to in paragraph (1) is that for the current term.
3
If —
a
at the time when the petition is received by the designated body they have not obtained the electoral list for the current term for the relevant school by reference to which a person is a school registered parent, and
b
in the light of the date on which the petition is received they do not anticipate that they will be able to do so during that term,
the electoral list referred to in paragraph (1) is that for the next term after the current term for which a list is provided to the designated body.
4
If —
a
at the time when the petition is received by the designated body they have not obtained the electoral list for the current term for the relevant school by reference to which a person is a school registered parent, and
b
(despite a request under regulation 19(4)) the designated body does not receive an electoral list for the current term but receives an electoral list for a later school term,
the electoral list referred to in paragraph (1) is the electoral list for the later term.
5
If —
a
paragraph (3) does not apply in respect of the relevant school by reference to which a person is a school registered parent, but||
b
paragraph (3) applies in respect of another relevant school, and
c
as a result of the operation of paragraph (3) in respect of that school, the electoral list which applies for the purposes of paragraph (1) is that for the school term after the summer holidays,
the electoral list referred to in paragraph (1) is the electoral list for the school term starting after the summer holidays or where (despite a request under regulation 19(4)) the designated body does not receive that list but receives a list for a later school term, the electoral list for the later school term.
6
A parent is also a relevant eligible parent if he is a ballot registered parent on the date on which the petition is received by the designated body.
7
For the purposes of regulation 7(7) “the parent population” means —
a
in the case of an area ballot, the total of school registered parents; and
b
in the case of a feeder school ballot, the total of eligible parents,
in the case at the date determined under paragraph (8).
8
The date referred to in paragraph (7) is —
a
except in the circumstances described in sub-paragraph (b), the date of the first electoral list provided to the designated body for each relevant school for the petition period during which the petition is received, provided that if paragraph (4) applies in relation to any school and an electoral list is not provided to the designated body for that petition period, the date of the electoral list actually provided in relation to the petition in question shall, in relation to that school, be substituted for the date of the first electoral list for the petition period; and
b
where paragraph (3) applies in relation to at least one school and, as a result of its application, the electoral list or lists which apply for the purpose of determining whether a parent is a relevant eligible parent is that for the school term after the summer holidays, the date of the first electoral list provided to the designated body for each relevant school for the next petition period.
and in this paragraph an electoral list provided “for” a particular petition period is an electoral list the date of which falls within the petition period in question.
9
In calculating, for the purposes of paragraph (7), the total of school registered parents or eligible parents each parent shall count only once (irrespective of the number of children a parent may have or the number of schools they attend).
10
In this regulation —
“the current term” in relation to any school, is the term in which the date on which the petition is received falls, or
where that date falls in any school holidays, the most recent term, except where sub-paragraph (b) applies; and
where that date falls in the summer holidays, the subsequent term, except in a case where on that date the designated body has obtained an electoral list for that school for the term ending before the summer holidays; and
“the first electoral list” for any petition period means the electoral list obtained by the designated body on the first occasion in any petition period on which it obtains such a list whether in compliance with its obligations under regulation 18 below or in order to determine the validity of a petition,
and any reference to an electoral list for a particular term is a reference to the electoral list obtained by the designated body for that term whether in compliance with its obligations under regulation 18 or in order to determine the validity of a petition.
Notification of result of petition
10
1
Where the petition is a valid petition the designated body shall notify the persons referred to in paragraph (2) of this fact and that a ballot will be held.
2
The persons to be notified are —
a
the local education authority which maintains the grammar school or schools to which the petition relates;
b
if different, the local education authority in which such grammar school or schools is situated;
c
the Secretary of State;
d
the petition organiser;
e
(when established) the school organisation committee (within the meaning of section 24(4) of the Act) for the area of the local education authority referred to in sub-paragraph (a) and (if applicable) sub-paragraph (b);
f
the governing body of each grammar school to which the petition relates;
g
where the petition was a petition for an area ballot the governing body or proprietor of each other relevant school in relation to the area; and
h
where the petition was a petition for a feeder school ballot, the governing body or proprietor of each feeder school for the group of grammar schools or stand alone grammar school (as the case may be).
3
Where the petition is not a valid petition the designated body shall notify the persons referred to in paragraph (2)(a) to (d) and (f).
PART III
BALLOTS
Ballots — general
11
1
A ballot under section 105 of the Act shall (depending on the terms of the petition) be —
a
a ballot which relates to all grammar schools within a relevant area; or
b
a ballot which relates to a group of grammar schools; or
c
a ballot which relates to a stand alone grammar school.
2
A ballot falling within paragraph 1(a) is referred to in these Regulations as an “area ballot” and a ballot falling within paragraph (1)(b) or (1)(c) is referred to in these Regulations as a “feeder school ballot”.
Eligibility to vote in a ballot
12
1
Subject to regulation 22(3), the persons eligible to vote in a ballot are —
a
the persons who were “relevant eligible parents” for the purposes of the petition by virtue of being school registered parents, and
b
where the ballot is an area ballot (in addition) all persons who are ballot registered parents on a date 4 weeks after the designated body gave the notification required by regulation 10(1).
Question on which ballot is to be held
13
1
Where the ballot is an area ballot or a feeder school ballot which relates to a group of grammar schools each ballot paper shall include the following wording —
Are you in favour of all the schools listed introducing admission arrangements which admit children of all abilities?
Place a cross (X) in the box of your choice.
YES □ NO □
2
Where the ballot is a feeder school ballot which relates to a stand alone grammar school each ballot paper shall include the following wording —
Are you in favour of [here give name of school] introducing admission arrangements which admit children of all abilities?
Place a cross (X) in the box of your choice.
YES □ NO □
Ballots — supplementary
14
1
Each ballot shall be a secret postal ballot.
2
Each ballot paper shall include a list of the grammar schools to which it relates.
3
Each parent who falls within regulation 12 shall have one vote (irrespective of the number of children which a parent may have and the number of schools they attend).
4
The designated body shall secure that, subject to regulation 22(4), the date by which ballot papers must be returned to them shall be —
a
no later than 10 weeks from the date on which the designated body gave the notification required by regulation 10(1); and
b
at least 5 weeks from the date on which ballot papers were sent to parents (or if ballot papers were sent on more than one date, the last such date).
5
Where the designated body have determined the result of a ballot they shall forthwith notify the persons mentioned in regulation 10(2) of that fact, and, where the ballot is in favour of retaining selective admission arrangements, the date on which the moratorium period will expire.
Declaring a ballot void
15
1
Subject to paragraph (2) below the Secretary of State may declare a ballot void if it appears to him that —
a
any requirement of these regulations has been contravened in the case of a ballot held in purported compliance with these regulations;
b
an authority or body referred to in section 107(2) of the Act have acted in contravention of that section;
c
persons other than those falling within regulation 12 or, as the case may be, regulation 22(3) have purported to vote in the ballot;
d
persons who fall within regulation 12 or, as the case may be, regulation 22(3) have been prevented from voting or hindered from doing so freely in accordance with their own opinion by any other person; or
e
material has been provided, or meetings have been held, in a manner which does not comply with the principles for the production of such material or the standards for the holding of such meetings or debates contained in the Ballot Information Code specified in Schedule 4
and that voting in a ballot is likely to have been influenced to a significant extent as a result of any of those matters.
2
Paragraph (1) shall not apply unless before the date which is two weeks after the ballot result date any person or body referred to in paragraph (3) have requested the Secretary of State in writing to exercise his powers under paragraph (1), specifying the reason for such a request and the grounds on which the powers under paragraph (1) may be exercisable.
3
The persons or bodies mentioned in paragraph (2) are —
a
the designated body;
b
the local education authority which maintains the grammar school to which the ballot relates, or, where the ballot was an area ballot and the area is one falling in paragraph (b) of the definition of “relevant area”, either of the local education authorities referred to in that definition;
c
in a case of an area ballot, the governing body or the proprietor of any relevant school;
d
in the case of a feeder school ballot, the governing body of any grammar school to which the ballot relates or the governing body or proprietor of any feeder school for the group of grammar schools or stand alone grammar school;
e
any 20 or more parents who were eligible to vote in the ballot.
4
Where a request is received under paragraph (3), the Secretary of State shall notify the governing body of each grammar school to which the ballot relates and the local education authority.
5
Where a request is received under paragraph (3), but the Secretary of State determines not to declare a ballot void he shall notify the persons or body who made the request, the governing body of each grammar school to which the ballot relates, and the local education authority.
6
Where the Secretary of State declares a ballot void he shall notify the persons mentioned in regulation 10(2) of that fact.
7
Where the Secretary of State declares a ballot void, a fresh ballot shall be held in accordance with this Part (and accordingly the persons who are eligible to vote in such a ballot shall be the persons who in accordance with regulation 12 or, as the case may be, regulation 22(3), were eligible to vote in the ballot which was declared void) but regulation 14(4)(a) shall have effect as if it provided that the designated body should secure that the date by which ballot papers must be returned is no later than 10 weeks from the date of the notification under paragraph (6) above.
“Moratorium” on further ballots
16
1
Where the result of a ballot is that the schools or school to which the ballot relates should retain selective admission arrangements, no further ballot shall be held relating to the same area, group of grammar schools or stand alone grammar school within the period of 5 years from the ballot result date.
2
This regulation is without prejudice to regulation 8(6).
PART IV
SUPPLEMENTARY
Implementation of decision that a school should cease to have selective admission arrangements.
17
1
Subject to paragraph (2), for the purposes of section 108(2) of the Act (which, where it applies, provides that the admission authority for a grammar school to which the ballot related shall secure that their admission arrangements are revised so that the school no longer has selective admission arrangements), the prescribed school year is —
a
where the ballot result date is on or before 31st December in any school year, the second school year after the ballot result date; and
b
where the ballot result date is after 31st December in any school year, the third school year after the ballot result date.
2
Where the Secretary of State has given the notification required by regulation 15(4) but determines not to declare the ballot void, paragraph (1) above shall have effect as if the ballot result date was the date of the notification required to be given under regulation 15(5).
Information to be given by the designated body
18
1
If —
a
10 or more persons jointly notify the designated body in writing that they are considering raising a petition; and
b
the notification nominates one of those persons as the person to receive information from the designated body,
the designated body shall, as soon as practicable, give that person the information specified in paragraph (2).
2
The information referred to in paragraph (1) is —
a
where the proposed petition is to be a petition for a feeder school ballot —
i
the names of the feeder schools for the group of grammar schools, or, as the case may be, the stand alone grammar school in the school year in which the notification is made (on the assumption that regulation 23(3) to (5) will not apply during that school year); and
ii
the transfer age group for the group of grammar schools or stand alone grammar school in question;
b
the number of parents who would need to sign the petition for it to comply with regulation 7(5) on the assumption —
i
that the petition is received by the designated body during the same petition period as that in which the notification was made, or where the petition was not received during a petition period or was received on the date referred to in paragraph (5), that the petition is received in the next petition period;
ii
that regulation 9(3) will not apply in relation to any school in the petition period referred to in paragraph (i) of this sub-paragraph; and
iii
where the proposed petition is to be a petition for a feeder school ballot, that regulation 23(3) to (5) will not apply during that petition period;
c
the words to be contained in a petition in accordance with regulation 8(2).
3
Where the designated body have determined, in the light of information obtained under regulation 19, that a school has become a feeder school for a group of grammar schools or a stand alone grammar school they shall notify the governing body of that school of that fact and of the transfer age group for the group of grammar schools or stand alone grammar school in question.
4
Where the designated body have determined, in the light of information obtained under regulation 19 that a school has ceased to be a feeder school for a group of grammar schools or a stand alone grammar school they shall notify the governing body of that school.
5
The date referred to in paragraph (2)(b)(i) is the date such that, if a petition had been received on that date, regulation 9(3) would have applied in relation to at least one school and, as a result of its application, the electoral list which would have applied for the purpose of determining whether a parent was a relevant eligible parent would have been that for the school term after the summer holidays.
Information to be given to the designated body
19
1
The governing body of each stand alone grammar school shall, within 10 school days of a request by the designated body, provide the designated body with the names of the schools which in the school year in which the request is made are feeder schools for that grammar school.
2
The governing body of each grammar school in a group of grammar schools shall, within 10 school days of a request by the designated body, provide the designated body with details of all the schools from which pupils have transferred to the grammar school, disregarding any pupils who fall to be disregarded under regulation 6(2), during the school years specified in the request and the number of pupils who transferred from each such school to the grammar school.
3
The governing body of each grammar school in a group of grammar schools or stand alone grammar school shall, within 10 school days of a request by the designated body, inform the designated body of the transfer age group for the school.
4
The governing body or proprietor of each relevant school shall, subject to paragraph (5), within 15 school days of a request by the designated body, provide the designated body with the electoral list for the school as it has effect on the date 10 school days after the date of the request.
5
Where however the governing body or proprietor of a relevant school have already during a petition period provided the designated body with the electoral list for the school and a further request under paragraph (4) is received during the same petition period, the governing body or proprietor may comply with paragraph (4) by providing details of the changes to the electoral list which have taken place since the date of the electoral list which was previously provided (or, as the case may be, since the date on which details of changes were previously provided under this paragraph) as those changes have effect on the date 10 school days after the date of the request; and any reference in these Regulations to “the electoral list” shall, where the context requires, be a reference to the list as amended in the light of changes referred to above.
6
The governing body or proprietor of each relevant school shall, within 10 school days of a request by the designated body —
a
provide the designated body with details of the dates on which the terms are expected to start and end in any school year specified in the request; and
b
provide the designated body with any other information they may reasonably require to verify information given under paragraphs (1) to (4) or to enable the designated body to comply with regulation 7(2) or 18.
7
Any local education authority —
a
specified in Schedule 1, or
b
which maintains a grammar school in a group or a stand alone grammar school,
and the councils of London borough of Sutton and the county of Surrey shall, within 10 days of a request by the designated body, provide the designated body with such information as they may reasonably require to comply with regulation 7(2) or 18.
Information to be given to parents
20
1
Where any registered parent of a registered pupil at a school to which this regulation applies, other than a registered parent referred to in paragraph (3), so requests in writing, and the request is made in connection with the raising of a petition or in connection with the dissemination of material in connection with a proposed ballot, the governing body or proprietor of the school shall, subject to paragraph (4) —
a
make available to the parent for inspection at the school (at reasonable times and free of charge) the electoral list for the school; and
b
supply the parent with a copy of the list.
2
This regulation applies to a school which —
a
at the date of the request referred to in paragraph (1) above is a relevant school, (whether or not, in the case of a school which is a feeder school for a group of grammar schools, the governing body has been given the notification required by regulation 18(3)); or
b
at that date appears to the governing body to be or to be likely to be a relevant school by reason of being a feeder school for a grammar school in a group of grammar schools or a stand alone grammar school.
3
Paragraph (1) does not apply where the request is made by —
a
a registered parent who on the date of the request is not an eligible parent by virtue of falling within regulation 4(3);
b
a registered parent whose only child at the school falls to be disregarded under regulation 4(4) or (6) for the purpose of determining whether a parent is an eligible parent; or
c
a registered parent of a child at an independent school situated in a relevant area who on the date of the request is not resident in the relevant area in question.
4
A governing body or proprietor shall not disclose to a parent under paragraph (1) the name and address of any person who has requested the governing body in writing not to disclose that information under that paragraph and accordingly the name and address of that person shall be excluded from the list there mentioned.
5
Subject to regulation 22(5), if the designated body have given the notification required by regulation 10(1) that a valid petition has been received, paragraph (1) shall not apply to schools which are, or are likely to be, relevant schools in relation to the area, group of grammar schools or stand alone grammar school to which the petition relates, where the request is made later than 4 weeks after the date of that notification, unless the subsequent ballot is in favour of retaining selective admission arrangements and (where that is the case) until the end of the moratorium period for that area, group of grammar schools or stand alone grammar school.
6
A governing body or proprietor of a school who under paragraph (1)(b) supply copies of the list mentioned in that paragraph may charge such fee as they think fit (not exceeding the cost of supply) in respect of each copy supplied.
Application of section 497 of the Education Act 1996
21
Section 497 of the Education Act 1996 applies to proprietors of independent schools in relation to the duties imposed by regulations 19(4) and (6) and 20.
Provisions where petition is received before 31st July 1999
22
1
This regulation applies in relation to any petition and any ballot held in consequence of such a petition where the petition is received before 31st July 1999.
2
Regulation 5(5) shall have effect as if for “the date 4 weeks after the date of such notification” there were substituted “28th September 1999”.
3
Despite regulation 12, the persons eligible to vote in a ballot requested by a petition to which this regulation applies are —
a
each parent who is a school registered parent —
i
at the date of the electoral list for the term which includes, or immediately follows, 1st September 1999 for any school which is a relevant school for that ballot, or
ii
if (despite a request under regulation 19(4)) the designated body does not receive an electoral list for that term, at the date of the electoral list for the first term after that term which the designated body receive; and
b
where the ballot is an area ballot (in addition) each parent who is a ballot registered parent on 28th September 1999.
4
Regulation 14(4)(a) shall not apply but the designated body shall secure that the date on which ballot papers must be returned shall be as soon as reasonably practicable after 1st September (without prejudice to regulation 14(4)(b)).
5
Regulation 20(5) shall have effect as if for “later than 4 weeks after the date of that notification” there were substituted “after 28th September 1999”.
Transitional provisions
23
1
This regulation applies where before sections 35, 41 or 259 of the Education Act 1996 are repealed by Schedule 32 to the Act and before section 104(4)(b) of the Act comes into force, proposals to make a significant change in the character of a grammar school so that it will no longer have selective admission arrangements are published under any of those sections of the Education Act 1996.
2
Where such proposals fall to be implemented by virtue of sections 40, 45 or 263 of the Education Act 1996 or paragraph 5 of Schedule 6 to the Act (whether or not also by virtue of any saving or transitional provisions made in connection with the coming into force of any provision of the Act) paragraphs (3) to (5) shall apply, and in those paragraphs —
“the disregarded school” means the school in respect of which the proposals fall to be implemented; and
“the relevant date” means the date on which the proposals were approved by the Secretary of State under sections 37, 43 or 261 of the Education Act 1996 or, as the case may be, the date on which the local education authority determined under section 38 of that Act to implement the proposals.
3
Where the disregarded school is a stand alone grammar school and a petition for a feeder school ballot which relates to that school is received after the relevant date the petition shall not be a valid petition.
4
Where the disregarded school is a grammar school in a group of grammar schools and a petition for a feeder school ballot which relates to that group is received after the relevant date, the petition shall be treated as relating to the group of grammar schools excluding the disregarded school and accordingly —
a
a school registered parent shall not be a relevant eligible parent in accordance with regulation 9(1) to (5) unless he has at least one child, who does not fall to be disregarded under regulation 4(6), who is a pupil at a school which is a feeder school for the group excluding the disregarded school; and
b
registered parents at any school which was a feeder school for the group including the disregarded school but is not a feeder school for the group excluding the disregarded school shall not be included in the parent population for the purpose of regulation 7(5).
5
Where the ballot result date of an area ballot is after the relevant date the ballot shall not relate to the disregarded school.
6
Where, on the date on which section 104(4)(b) comes into force, a decision has not been taken by the Secretary of State as to whether to approve proposals to which this regulation applies or, as the case may be, a determination has not been made by the local education authority as to whether to implement such proposals, the proposals shall be treated as if they had been withdrawn.
7
Where, on the date on which section 104(4)(b) of the Act comes into force, proposals to which this regulation applies fall to be implemented by virtue of any of the provisions referred to in paragraph (2), section 104(4)(b) of the Act shall not apply in relation to such proposals.
Estelle Morris
Minister of State,
Department for Education and Employment
19th November 1998


text:
Citation and commencement
1
This Order may be cited as the Shropshire’s Mental Health National Health Service Trust (Dissolution) Order 1998 and shall come into force on 1st April 1998.
Dissolution of NHS trust
2
The Shropshire’s Mental Health National Health Service Trust established by the Shropshire’s Mental Health National Health Service Trust (Establishment) Order 1992 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
3rd March 1998


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


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Cornwall and Isles of Scilly Health Authority (Transfers of Trust Property) Order 1998 and shall come into force on 29th October 1998.
2
In this Order–
“the Authority” means the Cornwall and Isles of Scilly Health Authority;
“the Schedule” means the Schedule to this Order;
“the trust property” means, in the case of each National Health Service trust specified in the Schedule, the items specified in a schedule of trust property prepared by, agreed upon by and signed on behalf of the Authority and that National Health Service trust on 12th May 1998.
Transfer of trust property
2
On 29th October 1998, in the case of each National Health Service trust specified in the Schedule, the trust property shall be transferred from the Authority to that National Health Service trust.
Signed by authority of the Secretary of State for Health.
Alan Milburn
Minister of State,
Department of Health
5th October 1998


text:
Citation and commencement
1
1
This Order may be cited as the City and County of Cardiff (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 City and County of Cardiff shall be abolished and the City and County shall be divided into 29 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 areas 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.
Register of local government electors
3
The registration officer shall make such re-arrangement or adaptation of the register of local government electors as may be necessary on account of the coming into force of this Order.
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
15th December 1998


text:
PART 1
PRELIMINARY
Citation and commencement
1
These Regulations may be cited as the Packaging (Essential Requirements) Regulations 1998 and shall come into force on 31st May 1998.
Interpretation
2
1
In these Regulations —
a
“ the Directive ” means Directive 94/62/ EC of the European Parliament and the Council on packaging and packaging waste ;
b
“the 1987 Act ” means the Consumer Protection Act 1987 ; and
c
except for the references to the European Communities in the definition of “ the Commission ” and in relation to the Official Journal, a reference to the Community includes a reference to the EEA , and a reference to a member State includes a reference to an EEA State: for this purpose —
i
the “EEA” means the European Economic Area;
ii
an “EEA State” means a State which is a Contracting Party to the EEA Agreement; and
iii
the “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 .
2
In these Regulations, unless the context otherwise requires —
“the Commission” means the Commission of the European Communities;
“energy recovery” means the use of combustible packaging waste as a means to generate energy through direct incineration with or without other waste but with recovery of the heat;
“enforcement authority” shall be construed in accordance with regulation 13;
“essential requirements” means the essential requirements in Annex II of the Directive and which are set out in the Schedule hereto;
“importer” means an importer of packaging which is packed or filled packaging into the United Kingdom;
“organic recycling” means the aerobic (composting) or anaerobic (biomethanization) treatment, under controlled conditions and using micro-organisms, of the biodegradable parts of packaging waste, which produces stabilised organic residues or methane; for the purpose of these Regulations landfill shall not be considered a form of organic recycling;
“packaging” means all products made of any materials of any nature to be used for the containment, protection, handling, delivery and presentation of goods, from raw materials to processed goods, from the producer to the user or the consumer, including non-returnable items used for the same purposes, but only where the products are —
sales packaging or primary packaging, that is to say packaging conceived so as to constitute a sales unit to the final user or consumer at the point of purchase;
grouped packaging or secondary packaging, that is to say packaging conceived so as to constitute at the point of purchase a grouping of a certain number of sales units whether the latter is sold as such to the final user or consumer or whether it serves only as a means to replenish the shelves at the point of sale; it can be removed from the product without affecting its characteristics; or
transport packaging or tertiary packaging, that is to say packaging conceived so as to facilitate handling and transport of a number of sales units or grouped packaging in order to prevent physical handling and transport damage; for the purposes of these Regulations transport packaging does not include road, rail, ship and air containers;
“packaging component” means any part of packaging that can be separated by hand or by using simple physical means;
“packaging materials” means materials used in the manufacture of packaging and includes raw materials and processed materials prior to their conversion into packaging;
“packaging waste” means any packaging or packaging material covered by the definition of waste in Article 1 of the Waste Directive but not including production residues;
“packaging waste management” means the management of waste as defined in the Waste Directive;
“ ppm ” means parts per million by weight;
“recovery” means any of the applicable operations provided for in Annex II B to the Waste Directive;
“recycling” means the reprocessing in a production process of the waste materials for the original purpose or for other purposes including organic recycling but excluding energy recovery;
“responsible person” means in relation to packaging, the person who is responsible for packing or filling products into packaging (including, as the case may be, any person presenting himself as being so responsible by affixing to the packed or filled packaging his name, trade mark or other distinctive mark or the person who reconditions the packaging for reuse except that reuse in itself shall not constitute reconditioning of the packaging), or the importer;
“reuse” means any operation by which packaging, which has been conceived and designed to accomplish within its life cycle a minimum number of trips or rotations, is refilled or used for the same purpose for which it was conceived, with or without the support of auxiliary products present on the market enabling the packaging to be refilled and reused packaging shall be construed accordingly; such reused packaging will become packaging waste when no longer subject to reuse;
“Waste Directive” means Council Directive 75/442/ EEC on waste
3
Any reference in these Regulations to a numbered regulation is a reference to the regulation so numbered in these Regulations.
PART II
APPLICATION
Packaging
3
1
Subject to regulations 4 and 5, these Regulations apply to any packaging.
2
Nothing in these Regulations with regard to packaging shall affect the application of existing quality requirements for packaging, including those regarding safety, the protection of health and hygiene of the packed products, existing transport requirements or the provisions of Council Directive 91/689/EEC on hazardous waste .
Excluded packaging
4
These Regulations shall not apply to packaging which was used for a given product prior to 31st December 1994.
Exclusion until 31st December 1999 of packaging complying with national rules in force on 31st December 1994
5
These Regulations shall not apply to packaging manufactured on or before 31st December 1994, placed on the market in the Community on or before 31st December 1999 and which complies with any health and safety requirements or any other Act or enactment with which it would have been required to comply for it to be lawfully placed on the market in the United Kingdom on 31st December 1994.
PART III
GENERAL REQUIREMENTS
General duty relating to the placing on the market of packaging
6
1
Subject to regulations 7, 8 and 9, on or after the coming into force of these Regulations, no person who is a responsible person shall place on the market any packaging unless the essential requirements have been complied with in relation to it provided always that placing on the market for the purposes of this regulation shall not occur in respect of reused packaging.
2
Packaging shall be taken to satisfy the essential requirements —
a
if it satisfies national standards which implement the relevant harmonised standards;
or
b
where there is no relevant harmonised standards, if it satisfies national standards of which the texts are communicated to the Commission pursuant to Article 9(3) of the Directive and which, pursuant to that provision, are notified by the Commission to the member States as being deemed to comply with the essential requirements.
3
In paragraph (2) above, “harmonised standards” shall mean the standards of which the reference number is published in the Official Journal of the European Communities in pursuance of Article 9(2)(a) of the Directive.
Concentration levels of heavy metals present in packaging
7
On or after 30th June 1998, no person who is a responsible person shall place on the market packaging if the sum of the concentration levels of lead, cadmium, mercury and hexavalent chromium either in the packaging or in any of its packaging components, exceeds 600 ppm.
8
On or after 30th June 1999, no person who is a responsible person shall place on the market packaging if the sum of the concentration levels of lead, cadmium, mercury and hexavalent chromium either in the packaging or in any of its packaging components, exceeds 250 ppm.
9
On or after 30th June 2001, no person who is a responsible person shall place on the market packaging if the sum of the concentration levels of lead, cadmium, mercury and hexavalent chromium either in the packaging or in any of its packaging components, exceeds 100 ppm.
10
Regulations 7, 8 and 9 shall not apply to packaging which is made entirely of lead crystal glass as defined in Directive 69/493/EEC .
Requirement for technical documentation
11
The responsible person shall at the request of the enforcement authority submit technical documentation or other information showing that packaging complies with the essential requirements and the heavy metals concentration limits set out in regulations 7, 8 and 9 above.
12
The responsible person shall ensure that he keeps such information as will enable him to submit to the enforcement authority the documentation referred to in regulation 11 for a period of four years from the date that he places packaging on the market.
PART IV
ENFORCEMENT
Enforcement Authorities
13
1
It shall be the duty of the following authorities to enforce these Regulations within their area —
a
in Great Britain, weights and measures authorities; and
b
in Northern Ireland, the Department of Economic Development.
2
For the purposes of providing for the enforcement of these Regulations —
a
sections 14, 15, 28 to 35, 37, 38, 44 and 47 of the 1987 Act shall apply and in respect of proceedings for contravention thereof as if —
i
references to safety provisions were references to these Regulations;
ii
references to goods were references to packaging as the context may require;
iii
in section 14, in sub-section (6), for “six months” there were substituted “three months”;
iv
in sections 28, 29, 30, 33, 34 and 35, the words “or any provision made by or under Part III of this Act” on each occasion that they occur were omitted;
v
in section 28, sub-sections (3), (4) and (5) were omitted;
vi
in section 29, sub-section (4) was omitted;
vii
in section 30, sub-sections (7) and (8) were omitted; and
viii
in section 38(1), paragraphs (a) and (b) were omitted;
b
sections 39 and 40 of the 1987 Act shall apply to offences under section 32 of that Act as it is applied to these Regulations by sub-paragraph (a) above; and
c
in England and Wales, a magistrates' court may try an information in respect of an offence committed under these Regulations if the information is laid within twelve months from the time when the offence is committed, and in Scotland summary proceedings for such an offence may be begun at any time within twelve months from the time when the offence is committed.
3
Nothing in this regulation shall authorise any enforcement authority to bring proceedings in Scotland for an offence.
4
No action shall be taken by virtue of paragraphs (1) and (2) above before 1 January 1999 unless it could have been taken otherwise than by virtue of these Regulations.
5
An enforcement authority shall, whenever the Secretary of State so directs, make a report to the Secretary of State on the exercise of the functions exercisable by that authority under these Regulations.
Offences
14
Any person who —
a
contravenes or fails to comply with regulation 6, 7, 8 or 9; or
b
fails to supply or retain technical documentation or other information as required by regulations 11 and 12;
shall be guilty of an offence.
Penalties
15
1
A person guilty of an offence under regulation 14(a) shall be liable —
a
on summary conviction, to a fine not exceeding level 5 on the standard scale;
b
on conviction on indictment, to a fine.
2
A person guilty of an offence under regulation 14(b) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Defence of due diligence
16
1
Subject to the following provisions of this regulation, in proceedings against any person for an offence under regulations 6, 7, 8 and 9, it shall be a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.
2
Where in any proceedings against a person for such an offence the defence provided by paragraph (1) involves an allegation that the commission of the offence was due —
a
to the act or default of another; or
b
to reliance on information given by another,
that person shall not, without the leave of the court, be entitled to rely on the defence unless, not later than 7 clear days before the hearing of the proceedings (or, in Scotland, the trial diet), he has served a notice under paragraph (3) on the person bringing the proceedings.
3
A notice under this paragraph shall give such information identifying or assisting in the identification of the person who committed the act or default or gave the information as is in the possession of the person serving the notice at the time he serves it.
4
It is hereby declared that a person shall not be entitled to rely on the defence provided by paragraph (1) by reason of his reliance on information supplied by another, unless he shows that it was reasonable in all the circumstances for him to have relied on the information, having regard in particular —
a
to the steps which he took and those which might reasonably have been taken, for the purpose of verifying the information; and
b
to whether he had any reason to disbelieve the information.
Liability of persons other than the principal offender
17
1
Where the commission by any person of an offence under regulations 6, 7, 8 and 9 is due to an act or default committed by some other person in the course of any business of his, the other person shall be guilty of the offence and may be proceeded against and punished by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.
2
Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
3
Where the affairs of any body corporate are managed by its members, paragraph (2) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
4
In this regulation, references to a “body corporate” include references to a partnership in Scotland and, in relation to such partnership, any reference to a director, manager, secretary or other similar officer of a body corporate is a reference to a partner.
Nigel Griffiths
Parliamentary Under-Secretary of State for Competition and Consumer Affairs,
Department of Trade and Industry
2nd May 1998


text:
Citation and interpretation
1
1
This Order may be cited as the National Health Service (Primary Care) Act 1997 (Commencement No. 4) Order 1998.
2
In this Order, “ the Act ” means the National Health Service (Primary Care) Act 1997.
Appointed days
2
1
1st April 1998 is the day appointed for the coming into force (subject to articles 3, 4 and 5) of —
a
the provisions of the Act specified in column (1) of Schedule 1 to this Order, either fully or, if an extent is so specified, to that extent (the subject matter of each provision being mentioned in column (2) of that Schedule); and
b
the provisions of Part I of Schedule 2 to the Act (minor and consequential amendments) specified in column (1) of Schedule 2 to this Order, either fully or, if an extent is specified in column (2) of that Schedule, to that extent.
2
11th May 1998 is the day appointed for the coming into force of section 16 of the Act ( NHS contracts) in so far as it is not already in force.
References to certain terms
3
1
This article applies to the following enactments —
a
a provision of the Act brought into force pursuant to article 2(a); and
b
a provision of another Act, as amended, inserted or replaced by a provision of the Act brought into force pursuant to article 2(b).
2
Where an enactment to which this article applies refers to arrangements made under section 28C of the 1977 Act or to arrangements made under section 17C of the 1978 Act (however that reference is worded), such a reference is to be taken as referring only to a pilot scheme under Part I of the Act under which personal medical services are to be provided, and the purpose of bringing the provision of the Act in question into force is limited accordingly.
3
Where an enactment falling within paragraph (1)(b) would refer to “personal dental services” if the provision of the Act effecting the amendment, insertion or replacement were fully in force, that provision of the Act is brought into force pursuant to article 2(b) only so far as to effect the amendment, insertion or replacement with the omission of the reference to personal dental services; and the purpose of bringing that provision of the Act into force is limited accordingly.
4
Provisions of the Act brought into force for the limited purpose referred to in paragraph (3) are marked with an asterisk in Schedule 2.
Transitional provision
4
1
Until sections 32 and 33 of the Act are brought into force, paragraphs 1(2)(c) and 2(2) and (4) of Schedule 1 to the Act shall be treated as if they read as provided in this article.
2
Paragraph 1(2)(c) shall be treated as reading as follows —
c
an application made by him for inclusion in the authority’s medical list has not, since then, been granted under section 30 of the 1977 Act or (as the case may be) section 20 of the 1978 Act.
.
3
Paragraph 2(2) shall be treated as reading as follows —
2
Where the authority are under a duty under sub-paragraph (1) in relation to the applicant, neither sections 30 and 33 of the 1977 Act nor (as the case may be) sections 20 and 23 of the 1978 Act applies in relation to him.
.
4
Paragraph 2(4) shall be treated as reading as follows —
4
For the purposes of this paragraph, a person is not eligible for inclusion in a medical list if —
a
he has attained the age specified in regulations under section 8 of the Health and Medicines Act 1988 (retirement age for practitioners); or
b
he is disqualified, or treated as disqualified, from inclusion in the list by virtue of a direction of the Tribunal constituted under section 46 of the 1977 Act or under section 29 of the 1978 Act, or any corresponding tribunal in Northern Ireland.
.
Saving
5
Notwithstanding the bringing into force by article 2(a) of the repeal of certain words in section 97A(9)(c)(i) of the National Health Service Act 1977 , and by article 2(b) of paragraphs 22 and 23 of Schedule 2 to the Act, in relation to —
a
expenditure of Health Authorities in respect of a financial year ending on 31st March 1998 or before; and
b
amounts allotted to Health Authorities in respect of such a financial year,
sections 97 and 97A of the National Health Service Act 1977 shall continue to have effect as if this Order had not been made.
Frank Dobson
One of Her Majesty’s Principal Secretaries of State,
Department of Health
9th March 1998


text:
Citation and commencement
1
This Order may be cited as the Riverside Mental Health, the North West London Mental Health and the West London Healthcare National Health Service Trusts (Dissolution) Order 1998 and shall come into force on 1st April 1999.
Dissolution of NHS trusts
2
1
The Riverside Mental Health National Health Service Trust established by the Riverside Mental Health National Health Service Trust (Establishment) Order 1992 is dissolved, and accordingly that Order is revoked.
2
The North West London Mental Health National Health Service Trust established by the North West London Mental Health National Health Service Trust (Establishment) Order 1993 is dissolved, and accordingly that Order is revoked.
3
The West London Healthcare National Health Service Trust established by the West London Healthcare National Health Service Trust (Establishment) Order 1992 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
30th November 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Education (London Residuary Body) (Property Transfer) (Modification and Amendment) Order 1998 and shall come into force on 6th April 1998.
2
In this Order a reference to “the principal Order” is a reference to the Education (London Residuary Body) (Property Transfer) Order 1992 .
Modification of effect and amendment of the principal Order
2
Article 4(7) of the principal Order (which imposed a condition that the former Wandsworth Boys' Secondary School, Sutherland Grove, SW18 should be brought into use by the Council of the London Borough of Wandsworth as the site for a new school established under section 35 or 41 of the Education Act 1996 or as the site for a school transferring to that site under section 35 or 47 of that Act by 1st September 1999 ) shall apply only in respect of that part of the site of the said School edged in blue on the plan number SG/001, dated 28th November 1997, and described as “Plan referred to in article 2 of the Education (London Residuary Body) (Property Transfer) (Modification and Amendment) Order 1998”.
3
In article 4(7) of the principal Order (which by virtue of article 2 above applies only in respect of that part of the site edged in blue on the plan referred to in that article) for “1st September 1999” there shall be substituted “1st September 2000”.
Stephen Byers
Minister of State,
Department for Education and Employment
12th March 1998


text:
Preliminary
Citation and commencement
1
1
These Regulations may be cited as the Local Government Pension Scheme (Management and Investment of Funds) Regulations 1998.
2
These Regulations shall come into force on 19th August 1998.
General definitions
2
In these Regulations —
“the 1997 regulations ” means the Local Government Pension Scheme Regulations 1997 ;
“administering authority” means a body required to maintain a pension fund under the 1997 regulations;
“European authorised institution” and “European institution” have the same meanings as in the Banking Co-ordination (Second Council Directive) Regulations 1992 ;
“FSAVC scheme” is a scheme approved by virtue of section 591(2)(h) of the Taxes Act ;
“fund money” means money in the pension fund maintained by an administering authority;
“home-regulated investment business” has the same meaning as in the Banking Co-ordination (Second Council Directive) Regulations 1992;
“limited partner” means a person who is not liable for the debts or obligatons of a partnership beyond the amount he contributed at the time he became a partner;
“member” has the same meaning as in section 124(1) of the Pensions Act 1995 ;
“proper advice”, in relation to an administering authority, means the advice of a person who is reasonably believed by them to be qualified by his ability in and practical experience of financial matters (including any suitable officer of theirs);
“recognised stock exchange” has the same meaning as in section 84(1) of the Taxes Act;
“relevant institution” means —
the Bank of England,
an institution authorised under Part I of the Banking Act 1987 (regulation of deposit-taking business),
a person to whom the restriction on acceptance of deposits in section 3 of that Act does not apply because he is specified in Schedule 2 to that Act (central banks etc. ), or
a European authorised institution which has lawfully established a branch in the United Kingdom for the purpose of accepting deposits;
“securities” includes shares, stock and debentures;
“stock lending arrangement” means an arrangement such as is mentioned in section 263B of the Taxation of Chargeable Gains Act 1992 ;
“sub-underwriting contract” means a contract with a person who is underwriting a share issue to acquire the shares from him if he requires it;
“Taxes Act” means the Income and Corporation Taxes Act 1988 ;
“traded option” means an option quoted on a recognised stock exchange or on the London International Financial Futures Exchange;
“ Transitional Regulations ” means the Local Government Pension Scheme (Transitional Provisions) Regulations 1997 ;
“unquoted securities investment partnership” means a partnership for investing in securities which are normally not quoted on a recognised stock exchange when the partnership buys them.
Definition of “investment”
3
1
In these Regulations “investment” and similar expressions have their normal meaning.
2
But the following provisions of this regulation specify things which count as investments for these Regulations, although they might not otherwise do so, and exclude things which might otherwise count.
3
A contract entered into in the course of dealing in financial futures or traded options is an investment.
4
If the administering authority use fund money for any purpose for which they may borrow money, that counts as an investment.
5
An insurance contract is an investment if and only if the contract is made with a person within paragraph (6) for whom making the contract is business within class III or class VII in Schedule 1 to the Insurance Companies Act 1982 (linked long term and pension fund management business).
6
The persons within this paragraph are —
a
a person whom that Act permits to carry on such business, and
b
an insurance company which, because it has its head office in a member State, is permitted under the law of such a State to carry on insurance business of a similar sort.
7
A stock lending arrangement is an investment if and only if, in respect of it, the conditions in regulations 5.58 and 5.60 of Section L of the Financial Services (Regulated Schemes) Regulations 1991 are complied with, modified as specified in paragraph (8).
8
Those modifications are —
a
for the references in regulation 5.58 to section 129 of the Income and Corporation Taxes Act 1988 substitute a reference to section 263B of the Taxation of Chargeable Gains Act 1992;
b
delete paragraphs 1a, 1c(ii) and 2b;
c
for the references in both those regulations to the trustee, substitute a reference to the administering authority; and
d
for the reference in paragraph 1c(iii) of regulation 5.58 to Guidance of the Board, substitute a reference to Guidance Release 4/91 issued by the Securities and Investments Board in June 1991.
9
It is an investment to contribute to a limited partnership in an unquoted securities investment partnership.
10
A sub-underwriting contract is an investment.
Definition of “investment manager”
4
1
This regulation describes those persons who count as an “investment manager” for these Regulations.
2
A person is an investment manager if he is authorised under the Financial Services Act 1986 to manage the assets of occupational pension schemes.
3
A person is also an investment manager if he —
a
does not transact investment business (within the meaning of that Act) from a permanent place of business maintained by him in the United Kingdom;
b
has a head office situated outside the United Kingdom in a member State;
c
is recognised by the law of that State as a national of a member State;
d
is authorised under that law to engage in one or more of the actitivies specified in Part II of Schedule 1 to the Financial Services Act 1986 (which lists different sorts of investment business); and
e
is not prevented by that law from managing the assets of occupational pension schemes or assets belonging to another person.
4
A European institution carrying on home-regulated investment business in the United Kingdom is also an investment manager.
Management of pension fund
Management of pension fund
5
1
This regulation is about the sums which an administering authority must pay or credit to and may pay from the pension fund administered by them.
2
They must pay or credit to their pension fund, in addition to any other sum the 1997 regulations specify must be paid or credited to the fund —
a
the amounts payable by them or paid to them for the credit of the fund by any other authority under regulations 79 and 80 of the 1997 regulations (employers' contributions) or by virtue of the Transitional Regulations,
b
all members' contributions except contributions payable under regulations 61 and 68 of the 1997 regulations (additional voluntary contributions),
c
all income arising during the year from investment of the fund,
d
all capital money deriving from such investment, and
e
all additional payments received by the authority under the 1997 regulations or the Transitional Regulations.
3
In the case of an administering authority which maintains more than one pension fund, as respects sums which relate to specific members the references in paragraph (2) to the authority’s fund are to the fund which is the appropriate fund for the members in question in accordance with Schedule 5 to the 1997 regulations.
4
Interest under regulation 82(1) of the 1997 regulations must be credited and paid to the fund to which the overdue payment is due.
5
Interest paid under regulation 21 of the Transitional Regulations (early retirement of chief officers) must be paid to the fund from which the benefits in question are payable.
6
Any costs, charges and expenses incurred administering a pension fund (except those incurred in connection with a FSAVC scheme) may be paid from it.
Choice of investment managers
6
1
Instead of managing and investing fund money for themselves, an administering authority may appoint one or more investment managers to manage and invest it for them.
2
But they may only appoint an investment manager if they comply with paragraphs (3) to (6).
3
They must reasonably believe that the investment manager is suitably qualified by his ability in and practical experience of financial matters to make investment decisions for them.
4
The investment manager must not be their employee.
5
They must be satisfied —
a
that the fund is managed by an adequate number of investment managers; and
b
that the value of the fund money to be managed by any one investment manager will not be excessive.
6
They must have taken proper advice.
Terms of appointment of investment managers
7
1
Investment managers must, if appointed, be appointed on the terms set out in paragraphs (2) to (7).
2
The administering authority must be able to terminate the appointment by not more than one month’s notice.
3
The investment manager must report to the administering authority at least once every three months on the action he has taken for them.
4
The investment manager must comply with all the administering authority’s instructions.
5
In managing the fund the investment manager must take into account —
a
that fund money must be invested in a wide variety of investments,
b
the suitability of those types of investment for the fund, and
c
the suitability of any particular investment of that type.
6
But paragraph (5)(a) does not apply where the investment manager only manages part of the fund and the terms of his appointment provide that it does not apply.
7
The investment manager must not make investments which would contravene regulation 11 or Schedule 1.
8
In determining the investment manager’s terms of appointment, the administering authority must take proper advice.
Review of investment manager’s performance
8
1
Where an administering authority have appointed an investment manager they must keep his performance under review.
2
At least once every three months they must review the investments he has made.
3
Periodically they must consider whether or not to retain him.
4
In reviewing an investment manager’s decisions and appointment, an administering authority must take proper advice —
a
if regulation 7(5)(a) applies, about the variety of the investments he has made, and
b
about the suitability of those investments for the fund generally and as investments of their type.
Investments
Use and investment of pension fund money
9
1
An administering authority must invest any fund money that is not needed immediately to make payments from the fund.
2
They may vary their investments.
3
Their investment policy must be formulated with a view —
a
to the advisability of investing fund money in a wide variety of investments; and
b
to the suitability of particular investments and types of investments.
4
An administering authority must obtain proper advice at reasonable intervals about their investments.
5
The authority must consider such advice in taking any steps about their investments.
Investments under s.11 of the Trustee Investments Act 1961
10
1
An administering authority may invest in any investment made in accordance with a section 11 scheme without any restriction as to quantity.
2
A “section 11 scheme” is a scheme under section 11 of the Trustee Investments Act 1961 (which enables the Treasury to approve schemes for local authorities to invest collectively).
Restrictions on investments
11
1
Schedule 1 sets out the limits which apply to certain sorts of investments.
2
The percentages set out in the headings in Part I are the limits on the amount of each description of investment listed under those headings.
3
Those percentages are percentages of the total value of all existing investments in the fund before making the investment which is subject to the limit.
4
The limits in that Schedule only apply at the time the investment is made.
5
Part II of that Schedule sets out certain exceptions to the limits.
6
Part III of that Schedule applies for interpreting Parts I and II.
Use of fund money by an administering authority
12
1
An administering authority must pay interest on the total from day to day of any fund money used by them and not repaid.
2
That interest may not be paid at a rate lower than the lowest rate at which they could have obtained a commercial loan of that amount at 7 days' notice (otherwise than by bank overdraft).
Supplementary
Consequential amendments and revocations
13
1
The provisions in Schedule 2 are amended as set out in that Schedule.
2
Regulations L4 to L8 of the Local Government Pension Scheme Regulations 1995 are revoked.
Signed by authority of the Secretary of State.
Nick Raynsford
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
20th July 1998


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service Pension Scheme (Amendment) Regulations 1998 and shall come into force on 1st April 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 12 below.
Amendment of regulation A2
3
In regulation A2 (interpretation) —
a
after the definition of “1977 Act” insert the following definition —
“ 1997 Act ” means the National Health Service (Primary Care) Act 1997
;
b
in the definition of “employing authority” —
i
in sub-paragraph (d) delete “and” where it last appears;
ii
in sub-paragraph (e) after “staff” delete “;” and insert “, and”;
iii
after sub-paragraph (e) insert the following sub-paragraph —
f
a person who is providing piloted services;
;
c
after the definition of “health service scheme” insert the following definition —
“medical list” means a list prepared in accordance with regulations made under section 29(2)(a) of the 1977 Act;
;
d
after the definition of “mental health officer” insert the following definition —
“ NHS employee” has the meaning given in section 2(3) of the 1997 Act;
;
e
in sub-paragraph (a) of the definition of “occupational pension scheme” for “Chapter IV ” substitute “Chapter I”;
f
after the definition of “personal pension scheme” insert the following definitions —
“pilot scheme” has the meaning given in section 1(1) of the 1997 Act;
“pilot scheme employee” has the meaning given in section 2(3) of the 1997 Act;
“piloted services” has the meaning given in section 1(4) of the 1997 Act;
Amendment of regulation E2
4
In paragraph (10) of regulation E2 (early retirement pension (ill-health)) delete from “or” to “regulation E6)”.
Amendment of regulation E3
5
After paragraph (3) of regulation E3 (early retirement pension (redundancy etc. )) insert the following paragraph —
4
This regulation shall not apply to a member who is providing piloted services under a pilot scheme.
.
Amendment of regulation E4
6
After paragraph (3) of regulation E4 (early retirement pension (employer’s consent)) insert the following paragraph —
4
This regulation shall not apply to a member who is providing piloted services under a pilot scheme.
.
Amendment of regulation L4
7
After paragraph (7) of regulation L4 (early leavers returning to pensionable employment) insert the following paragraph —
7A
Practice staff who were employed by a registered medical practitioner on both 31st August 1997 and 1st September 1997 and who —
a
had previously been compulsorily transferred from employment with a body referred to in paragraph (a), (b), (c) or (d) of the definition of “employing authority” in regulation A2, to employment with a registered medical practitioner referred to in paragraph (e) of that definition;
b
were at the time of the transfer paying for additional benefits by regular additional contributions under regulation Q6; and
c
rejoined the scheme with effect from 1st September 1997;
may resume payment of those additional contributions at such percentage rate, of current pensionable pay as applied prior to that transfer above, provided that payment of those contributions is resumed with effect from 1st September 1997.
.
Amendment of regulation Q1
8
1
In paragraph (6) of regulation Q1 (right to buy additional service) insert the words “or, in the case of a special class officer, age 55” after words “age 60” in each place where those words appear.
2
After the table in paragraph (6) of regulation Q1 insert the following paragraphs —
6A
A member who
i
joined the scheme on or after 17th March 1987;
ii
has made an application prior to 1st September 1997 to buy additional service; and
iii
does not commence making payments under regulation Q6 until on or after 1st September 1997,
may, until no later than 31st August 1998, elect that paragraph (6) shall cease to apply to him.
6B
Paragraph (6) shall cease to apply to a member who
i
joined the scheme on or after 17th March 1987;
ii
makes an application on or after 1st September 1997 to buy additional service; and
iii
commences payments under regulation Q6 on or after 1st September 1997.
.
Amendment of Part R
9
In Part R (special provisions for certain members) —
a
in regulation R4 (members doing more than one job) —
i
for paragraph (1) substitute the following new paragraph:
1
This regulation applies to members in NHS employment —
a
with more than one employing authority;
b
who hold, under one employing authority, two or more separate employments; or
c
to whom paragraph (10A) below applies.
;
ii
in paragraph (10), delete the words “In calculating” and insert the words “Subject to paragraph (10A), in calculating”;
iii
after paragraph (10), insert the following paragraphs:
10A
A member who becomes entitled to a pension under regulation E3, and has terminated concurrent employment as a practitioner not more than 12 months before the date on which he becomes entitled to that pension, shall not be entitled to receive a pension under regulation E3 in respect of any employment as a practitioner, but shall be entitled only to receive a pension under regulation E1 or E5, or a preserved pension under regulation L1, in respect of such employments.
10B
Where paragraph (10A) applies, the member may, in respect of any service as an officer which has terminated and to which paragraph 9(1), (6) or (9) of Schedule 2 applies, elect for that paragraph not to apply and instead to receive a pension under regulation E3 in respect of that service.
;
b
in paragraph (1)(b) of regulation R8 (former members of health service schemes) for “National Health Service (Isle of Man) Act 1984” substitute “Superannuation Act 1984”;
c
after regulation R10 add the following regulation —
Participators in pilot schemes
R11
For the purposes of these Regulations for the duration of any pilot scheme —
a
a registered medical practitioner —
i
whose name appears on a medical list prior to the commencement of a pilot scheme, or who, prior to the commencement of the pilot scheme, was an assistant practitioner; and
ii
who is involved in the operation of a pilot scheme whether as a person providing piloted services under a pilot scheme, or as a pilot scheme employee;
shall be treated as a practitioner employed by the relevant Health Authority;
b
a registered medical practitioner whose name does not appear on a medical list prior to the commencement of a pilot scheme, other than an assistant practitioner, shall be treated
i
as a practitioner employed by the relevant Health Authority if he provides piloted services under a pilot scheme; or
ii
as an officer employed by the provider of the piloted services if he is a pilot scheme employee;
c
a person who is providing piloted services shall be liable to pay contributions under regulation D2 in respect of a member who is employed by him as a pilot scheme employee,
d
a member who, prior to the commencement of a pilot scheme —
i
was employed as a NHS employee; or
ii
was employed as a pilot scheme employee, and is not a registered medical practitioner;
and who, after the commencement of the pilot scheme, is providing piloted services under a pilot scheme, shall be treated as a whole-time officer employed by the relevant Health Authority;
e
pilot scheme employees, who are employed otherwise than by a National Health Service trust which is providing piloted services, and to whom paragraph (a) or (b) (ii) does not apply, shall be treated for the purposes of these Regulations as if they were practice staff; and
f
in this regulation —
i
“assistant practitioner” has the meaning given in paragraph 1 of Schedule 2 to these Regulations;
ii
“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 regulation S1
10
In paragraph (5)(a) of regulation S1 (suspension of pension on return to NHS employment), for “National Health Service (Isle of Man) Act 1984” substitute “Superannuation Act 1984 .”
Amendment of regulation S2
11
1
In paragraph (1) of regulation S2 (reduction of pension on return to NHS employment) for the word “This” substitute the words “Subject to paragraph (15), this”.
2
After paragraph (14) of that regulation add the following paragraph —
15
This regulation shall not apply to practice staff in respect of whom a pension is payable under any of regulations E1 to E5 and L1 who were employed by a registered medical practitioner on both 31st August 1997 and 1st September 1997 and who —
a
were ineligible to rejoin the scheme with effect from 1st September 1997; or
b
made an election not to rejoin the scheme with effect from that date and who do not cancel that election.
.
Amendment of Schedule 2
12
1
In paragraph 3 of Schedule 2 (medical and dental practitioners — meaning of “pensionable earnings”) in sub-paragraph (1)(b) before the word “the” where that word first appears insert the words “in the case of a dental practitioner,”.
2
In paragraph 6 of that Schedule (meaning of “pensionable earnings” in relation to other practitioners) —
a
before the word “In” insert “ — (1)”;
b
after the word “overtime.” insert the following paragraph —
2
In the case of —
a
a practitioner providing piloted services, “pensionable earnings” means all fees and other regular payments paid to the practitioner in respect of the provision of piloted services, but does not include bonuses or payments made to cover expenses or for overtime;
b
a practitioner employed as a pilot scheme employee, “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.
.
3
In paragraph 19 of that Schedule (members absent from work) after sub-paragraph (5) insert the following sub-paragraphs —
6
For the purposes of these Regulations for the duration of any pilot scheme —
a
a member who is providing piloted services under a pilot scheme and who is absent from work by reason of illness or injury shall be treated as a practitioner whether or not his name is included on a medical list prior to the commencement of the pilot scheme; and
b
a member who is a pilot scheme employee and who is absent from work by reason of illness or injury shall be treated as an officer whether or not his name is included on a medical list prior to the commencement of the pilot scheme.
.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,
Department of Health
10th March 1998
We consent to the making of these Regulations
Jon Owen Jones
Graham Allen
Lords Commissioners of Her Majesty’s Treasury
10th March 1998


text:
Citation and commencement
1
These Regulations may be cited as the Animals (Scientific Procedures) Act 1986 (Amendment) Regulations 1998 and shall come into force 28 days after the day on which they are made.
Amendment of the Animals (Scientific Procedures) Act 1986
2
The amendments made by the Schedule to these Regulations shall have effect.
George Howarth
Parliamentary Under-Secretary of State
Home Office
8th August 1998


text:
1
This Order may be cited as the School Standards and Framework Act 1998 (Appointed Day) Order 1998.
2
The Secretary of State hereby appoints 1st September 1999 as the appointed day for the purposes of section 20 of the School Standards and Framework Act 1998.
Tessa Blackstone
Minister of State,
Department for Education and Employment
28th August 1998


text:
Citation and commencement
1
This Order may be cited as the Lancaster Acute Hospitals National Health Service Trust (Dissolution) Order 1998 and shall come into force on 1st April 1998.
Dissolution of NHS trust
2
The Lancaster Acute Hospitals National Health Service Trust established by the Lancaster Acute Hospitals National Health Service Trust (Establishment) Order 1991 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
18th March 1998