text:
Title and commencement
1
These Regulations may be cited as the Fossil Fuel Levy (Amendment) Regulations 1998 and shall come into force on 31st August 1998.
Amendment
2
The Fossil Fuel Levy Regulations 1990 (“the Principal Regulations”) are amended in accordance with regulations 3 to 11 below.
3
In regulation 2 of the Principal Regulations paragraph (2) shall be omitted.
4
In regulation 12(2) of the Principal Regulations for sub-paragraph (b)(i) and (ii) there shall be substituted the following —
i
leviable electricity; and
ii
electricity other than leviable electricity,
supplied by him during the qualifying month in question.
.
5
In regulation 19 of the Principal Regulations —
a
in paragraph (1) the words “and in relation to each relevant category of electricity” and the words “in that category” shall be omitted; and
b
in paragraph (3) the words “in each relevant category” shall be omitted.
6
In regulation 20(1)(a) of the Principal Regulations for the words “any electricity within the relevant category in question” there shall be substituted the word “electricity”.
7
In regulation 21 of the Principal Regulations —
a
in paragraph (3) for the words “any electricity within the category in question” there shall be substituted the word “electricity”;
b
in paragraph (4)(a) the words “within each relevant category” shall be omitted; and
c
in paragraph (5) for the words “any electricity within the relevant category in question”there shall be substituted the word “electricity”.
8
In regulation 22(1)(a) of the Principal Regulations for the words “any electricity within the relevant category in question” there shall be substituted the word “electricity”.
9
In regulation 32(4) of the Principal Regulations for the words “31st March” there shall be substituted the words “30th September”.
10
For Schedules 1, 2 and 3 to the Principal Regulations there shall be substituted the following —
SCHEDULE 1
Regulation 2(3)
Interpretation of Schedules 2 and 3
In Schedules 2 and 3 —
“estimated”, in relation to any amount, cost, quantity or value, means estimated by the Director on the basis of information furnished to him pursuant to these Regulations;
“leviable unit” means a unit of leviable electricity;
“LIBOR”, in relation to any particular day means the rate per centum per annum which is the arithmetic mean (rounded if necessary to the nearest whole multiple of one sixteenth of one per centum, with any odd thirty-second being rounded upwards) of the offered quotations (expressed as percentages) for deposits in sterling for a three month period which appear on the Reuters display screen page entitled LIBP (or such other page as may replace that page from time to time in that system) at or about 11.00 a.m. London time on that day excluding, if there are more than three such quotations, the highest and lowest of them (or, if there are more than one highest or lowest quotation, excluding only one of them) or, if that page is not available, or if fewer than three quotations are available at that time on that page, the arithmetic mean (rounded if necessary to the nearest whole multiple of one sixteenth of one per centum, with any odd thirty-second being rounded upwards) of the respective rates notified to the Director by any three United Kingdom clearing banks selected by the Director as the rate at which each such bank is offered deposits for three months for a sterling amount of £25 million by prime banks in the London Interbank Market at or about 11.00 a.m. London time on that day;
the superscript" is used to denote the estimate made by the Director of the amount in question for the period in question to calculate the levy rate for that period or for part of it;
the superscript' is used to denote the estimate made by the Director of the amount in question for the period in question to calculate the levy rate for the period of 12 months immediately following that period or for any part of that period of 12 months; and
the absence of a superscript is used to denote the actual amount in question;
“y” means, as the case may be, either the initial period of 12 months ending on 31st March 1991 or that one of the successive periods of 12 months following that initial period in which the qualifying month falls;
“y−1” means the period of 12 months immediately preceding period y and “y−2” means that period of 12 months immediately preceding period y−1 except, in each case, where that period falls wholly or partly before 1st April 1990 when any symbol with this subscript shall have the value zero;
“Y” means, as the case may be, either the initial period of 12 months ending on 30th September 1999 or that one of the successive periods of 12 months following that initial period in which the qualifying month falls;
“Y−1” means the period of 12 months immediately preceding period Y and “Y−2”means that period of 12 months immediately preceding period Y−1;
the definitions contained in paragraphs 1, 2, 3, 5 and 6 of Schedule 2 and in Schedule 3 shall have an equivalent meaning, mutatis mutandis, when Y is replaced by y;
where Y or y is followed by two digits, these digits indicate the last two digits of the year in which the period Y or y commenced (for example Y00 indicates a period commencing on 1 October 2000);
the precedence of any symbol by the subscript 1 (as in 1 D" y98 ) indicates that the months referred to are the first six months of the period indicated in the subscript following the symbol, or lie within the first six months of the period indicated in the subscript following the symbol (and therefore any associated summation should be from n=1 to n=6 inclusive).
SCHEDULE 2
Regulation 5(1)
Method of calculating amount of any payment in respect of levy
1
In this Schedule the following symbols have the following meanings —
A Y is the aggregate of the total costs calculated in relation to each public electricity supplier in accordance with Part I of Schedule 3 in respect of period Y;
B Y is the aggregate of the total costs calculated in relation to each public electricity supplier in accordance with Part II of Schedule 3 in respect of period Y;
C Y is the amount of the administrative expenses of the Director attributable to the levy incurred in respect of period Y;
E Y is the aggregate amount of all interest payments pursuant to regulation 29(1) in respect of period Y less the aggregate amount of all interest payments pursuant to regulation 29(2) in respect of period Y;
F Y is the aggregate amount of all interest payments pursuant to regulation 30 received in period Y;
G Y is the aggregate amount of levy or interest payments due in respect of period Y which, in the opinion of the Director, will be either irrecoverable or recoverable only at excessive cost;
K Y is the correction factor for Y calculated in accordance with paragraph 4; and
X Y is the aggregate amount (exclusive of levy and value added tax) charged (whether or not a bill or invoice has been delivered to a customer) by licensed suppliers for leviable electricity supplied by them in period Y.
2
Subject to any adjustment which may be required pursuant to the Regulations, the amount of any payment to be made by a licensed supplier in respect of the levy in period Y shall be calculated by applying to the aggregate amount (exclusive of value added tax and levy) charged (whether or not any bill or invoice has been delivered to a customer) by the supplier for leviable electricity supplied by him during the qualifying month —
a
except where sub-paragraph (b) of this paragraph applies, the percentage figure R Y where R Y is the percentage figure r Y given by the formula —
r Y = 100 ( K Y + D" Y ) / X" Y
after it has been rounded to the nearest one tenth of a per centum (any odd one twentieth of a per centum being rounded upwards); or
b
in relation to a rate of levy to apply from the commencement of a qualifying month other than the first qualifying month of period Y, the percentage figure R 1Y where R 1Y is the percentage figure r 1Y given by the formula —
r 1Y = 100 ( K Y + D" Y - L ) / ( X" Y - M )
after it has been rounded to the nearest one tenth of a per centum (any odd one twentieth of a per centum being rounded upwards); and
L is the estimate made by the Director of the aggregate amount of levy payments due in respect of the qualifying months in period Y preceding the qualifying month from the beginning of which R 1y is to apply; and
M is the estimate made by the Director of the aggregate amount (exclusive of levy and value added tax) charged (whether or not a bill or invoice has been delivered to a customer) by licensed suppliers for leviable electricity supplied by them in those qualifying months.
3
In the formulae in Schedule 2, the values of D Y , D' Y , D" Y , D y , D' y , D" y , 1 D Y , 1 D' Y , 1 D" Y , 1 D y , 1 D' y and 1 D" y , are given by the formulae —
D Y = A Y - B Y + C Y - E Y - F Y + G Y
D' Y = A' Y - B' Y + C' Y - E' Y - F' Y + G' Y
D" Y = A" Y - B" Y + C" Y - E" Y - F" Y + G" Y
D y = A y - B y + C y - E y - F y + G y
D' y = A' y - B' y + C' y - E' y - F' y + G' y
D" y = A" y - B" y + C" y - E" y - F" y + G" y
D Y 1 = A Y 1 - B Y 1 + C Y 1 - E Y 1 - F Y 1 + G Y 1
D' Y 1 = A' Y 1 - B' Y 1 + C' Y 1 - E' Y 1 - F' Y 1 + G' Y 1
D" Y 1 = A" Y 1 - B" Y 1 + C" Y 1 - E" Y 1 - F" Y 1 + G" Y 1
D y 1 = A y 1 - B y 1 + C y 1 - E y 1 - F y 1 + G Y 1
D' y 1 = A' y 1 - B' y 1 + C' y 1 - E' y 1 - F' y 1 + G' y 1
D" y 1 = A" y 1 - B" y 1 + C" y 1 - E" y 1 - F" y 1 + G" y 1
4
In the formulae in paragraph 2 the correction factor K Y shall be the amount of money, whether positive or negative, given by the following formulae —
a
during the year starting on 1st October 1998 —
K Y98 = ( 1 - p ) K y98 + k - 1 y99 1 ( 1 + I y98 / 100 ) + pk - 2 y99 ( 1 + I y97 / 100 ) ( 1 + I y98 / 100 )
where —
p = [ ∑ n ( r ny98 X" ny98 1 ) - D" y98 1 ] / [ ∑ n ( r ny98 X" ny98 ) - D" y98 ]
K y98 =the value of K y used in calculating the rate, r y , in force from 1st April 1998
k - 1 y99 1 = { ( D' y98 1 - D" y98 1 ) - ∑ n [ R ny98 X' ny98 1 - r ny98 X" ny98 1 ] / 100 }
k - 2 y99 = { ( D y97 - D' y97 ) - ∑ n [ R ny97 ( X ny97 - X' ny97 ) ] / 100 }
b
during the year starting on 1st October 1999:
K Y99 = k - 1 Y99 ( 1 + I Y98 / 100 ) + ( 1 - p ) k - 2 y99 ( 1 + I y97 / 100 ) ( 1 + I y98 / 100 ) + k - 2 y00 1 ( 1 + I y98 / 100 ) ( 1 + I y99 / 100 )
where —
k - 1 Y99 = { ( D' Y98 - D" Y98 ) - ∑ n [ R nY98 X' nY98 - r nY98 X" nY98 ] / 100 }
p=as in (a) above
k - 2 y99 = { ( D y97 - D' y97 ) - ∑ n [ R ny97 ( X ny97 - X' ny97 ) ] / 100 }
k - 2 y00 1 = { ( D y98 1 - D' y98 1 ) - ∑ n [ R ny98 ( X ny98 1 - X' ny98 1 ) ] / 100 }
c
during the year starting on 1st October 2000 and during subsequent years starting on 1st October —
K Y = k - 1 Y ( 1 + I Y - 1 / 100 ) + k - 2 Y ( 1 + I Y - 2 / 100 ) ( 1 + I Y - 1 / 100 )
where —
k - 1 Y = { ( D' Y - 1 - D" Y - 1 ) - ∑ n [ R nY - 1 X' nY - 1 - r nY - 1 X" nY - 1 ] / 100 }
k - 2 Y = { ( D Y - 2 - D' Y - 2 ) - ∑ n [ R nY - 2 ( X nY - 2 - X' nY - 2 ) ] / 100 }
5
In the formulae in paragraph 4 the following symbols have the following meanings —
D" Y−1 has the value that was given by the Director to D" Y on the last occasion on which he calculated the levy rate to apply in the period Y−1;
∑ n
signifies the summation over all the qualifying months n=1 to 6 inclusive or n=1 to 12 inclusive, as the case may be, within the period Y−1 or Y−2 as the case may be;
R n is the rate of levy that applied to month n in the period Y−1 or Y−2 as the case may be;
r n is whichever of the percentage figures r Y or r 1Y was used in calculating the rate of levy that applied to month n in the period Y−1;
X n is the aggregate amount (exclusive of levy and value added tax) charged (whether or not a bill or invoice has been delivered to a customer) by licensed suppliers for leviable electricity supplied by them in month n in the period Y−1 or Y−2 as the case may be;
X" nY−1 has a value equal to such proportion of the value that was given by the Director to X" Y on the last occasion on which he calculated the levy rate to apply in the period Y−1 as in the opinion of the Director is attributable to month n in that period;
D' Y−2 has the value that was given by the Director to D' Y−1 on the last occasion on which he calculated the levy rate to apply in the period Y−1;
X' nY−2 in respect of a month n in period Y−2, has the value that was given by the Director to X' nY−1 in respect of that month on the last occasion on which he calculated the levy rate to apply in the period Y−1;
I Y is the arithmetic average of the LIBOR rates on the last day of each of the first six months in period Y; and
I Y−1 is the arithmetic average of the LIBOR rates on the last day of each of the first six months in period Y−1; and
I Y−2 is the arithmetic average of the LIBOR rates on the last day of each of the first six months in period Y−2.
SCHEDULE 3
Regulation 5(2) and (3)
PART I
Method of calculating actual cost of purchasing certain electricity
1
The method of calculating the total cost to each public electricity supplier P of purchasing electricity supplied by him during qualifying months, n=1 to 6 inclusive within period Y, or during qualifying months n=1 to 12 inclusive within period Y, as the case may be, which was generated in pursuance of qualifying arrangements (which, when combined with the like total cost attributable to every other public electricity supplier, is expressed as A Y in paragraph 1 of Schedule 2) is given by the formula —
A YP = ∑ n ( S n + T n + U n )
where
∑ n
signifies the summation over the qualifying months, n=1 to 6 inclusive within period Y, or the qualifying months n=1 to 12 inclusive within period Y, as the case may be;
S n
is the aggregate of the amounts due from supplier P under his qualifying arrangements in respect of electricity supplied in month n (whether or not such amounts have been paid) excluding any advance or deferred payments;
T n
is the aggregate of any advance payments supplier P is required under his qualifying arrangements to make in month n; and
U n
is the aggregate of any deferred payments supplier P is required under his qualifying arrangements to make in month n;
together with interest as provided for in the correction factor K Y in Schedule 2.
PART II
Method of calculating hypothetical cost of purchasing certain electricity
2
The method of calculating what would have been the total cost to each public electricity supplier P of purchasing the electricity mentioned in paragraph 1 if that electricity had been generated by a fossil fuel generating station (which, when combined with the like total cost attributable to every other public electricity supplier, is expressed as B Y in paragraph 1 of Schedule 2) is given by the formula —
B YP = ∑ n ∑ j ( H nj × Z nj ) + ∑ n [ ( V n - ∑ j H nj ) × ( ∑ j Z nj W n ) ]
3
In the formula in paragraph 2 —
∑ n
signifies the summation over the qualifying months, n=1 to 6 inclusive within period Y, or the qualifying months n=1 to 12 inclusive within period Y, as the case may be;
∑ j
signifies the summation over all the half hours (beginning on the hour or on the half hour) within month n;
H nj
is the number of units of the electricity referred to in paragraph 1 supplied in each particular half hour within month n where that number is known;
Z nj
is the market price in each half hour within month n as defined in regulation 19 except during a security period, when it shall be a price determined as the Director, after consultation with licensed suppliers, sees fit;
V n
is the number of units of the electricity referred to in paragraph 1 within month n; and
W n
is the number of half hours in month n.
4
In paragraph 3, “security period” means a period commencing on the date on which security directions come into force and ending on the specified date, and in this paragraph —
a
“security directions” means directions given under paragraph (b) of subsection (4) of section 34 of the Act (whether or not such directions are given in conjunction with directions given under any other provision of that section); and
b
“specified date” means the date (not being earlier than the date on which the security directions cease to be in force) specified by the Director in a notice to licence holders as the date by which any procedure governing the despatch of electricity from generating stations the operation of which was suspended while the security directions were in force once more becomes operative.
.
11
In paragraph 3(a), (b), (f) and (g) of Part I of Schedule 4 to the Principal Regulations the words “in each relevant category” shall be omitted.
John Battle,
Minister for Science, Energy and Industry,
Department of Trade and Industry
24th July 1998


type: legislation

jurisdiction: UK

text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the Local Government Officers (Political Restrictions) Amendment Regulations 1998 and shall come into force on 1st January 1999.
2
In these Regulations, “the principal Regulations ” means the Local Government Officers (Political Restrictions) Regulations 1990 .
3
The amendments to the principal Regulations made by regulation 2 below shall apply only in respect of persons holding a politically restricted post under a local authority in Scotland.
Amendment of Regulations
2
In the Schedule to the principal Regulations–
a
after paragraph 1(a), there shall be inserted the following sub-paragraph:–
aa
the Scottish Parliament;
;
b
after paragraph 1, there shall be inserted the following paragraph:–
1A
Where prior to 1st January 1999 an announcement has been made that the appointee is, or intends to be, a candidate for election as a member of the Scottish Parliament at the first ordinary general election for membership of that Parliament, the appointee shall not act, or continue to act, as such a candidate.
; and
c
after paragraph 2, there shall be inserted the following paragraph:–
2A
Notwithstanding any contrary provision in his terms of appointment or his contract of employment, upon the appointee giving notice in writing to the local authority under which he holds his appointment that he wishes to resign his appointment because he intends to become, or to continue to act as, a candidate for election as a member of the Scottish Parliament at the first ordinary general election for membership of that Parliament, his appointment shall terminate forthwith.
.
Henry B McLeish
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
9th December 1998


text:
1
This Order may be cited as the Newton Rigg College, Penrith (Dissolution) Order 1998 and shall come into force on 1st August 1998.
2
On 1st August 1998 the corporation shall be dissolved and all of its property, rights and liabilities shall be transferred to the University of Central Lancashire.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the corporation immediately before 1st August 1998 as if the references in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st August 1998;
c
to the transferor were to the corporation; and
d
to the corporation were to the University of Central Lancashire.
Tessa Blackstone
Minister of State,
Department for Education and Employment
7th July 1998


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Action Programme for Nitrate Vulnerable Zones (England and Wales) Regulations 1998 and shall come into force on 19th December 1998.
2
These Regulations shall extend to England and Wales.
Interpretation
2
In these Regulations —
“the enforcement authority” means the Environment Agency ;
“farm” includes livestock unit and has the same meaning which it has in Annex III , paragraph 2, of Council Directive 91/676/ EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources ;
“nitrate vulnerable zone” means any area designated as a nitrate vulnerable zone in accordance with regulation 3 of the Protection of Water against Agricultural Nitrate Pollution (England and Wales) Regulations 1996 .
Implementation of action programme
3
1
The occupier of any farm all or part of which is in a nitrate vulnerable zone shall ensure that the action programme set out in the Schedule hereto is implemented in relation to any land comprised in the farm and in the nitrate vulnerable zone.
2
For the purposes of paragraph (1) above, the occupier of a farm shall not cease to be the occupier of the whole of the farm by reason of another agricultural producer using part of the land comprised in the farm.
Notice to remedy contravention of regulation 3
4
1
Where the enforcement authority is of the opinion that a person —
a
is contravening a requirement imposed on him by regulation 3; or
b
has contravened such a requirement in circumstances which make it likely that the contravention will continue or be repeated,
the authority may serve a notice on that person in accordance with this regulation.
2
A notice served in accordance with this regulation shall —
a
require the person upon whom it is served to carry out such works or to take such precautions and other steps as the enforcement authority considers appropriate to remedy, or to prevent the continuation or repetition of, any contravention to which the notice relates;
b
state the period within which any such requirement is to be complied with; and
c
inform the person on whom it is served of the effect in relation to the notice of regulation 5 below.
3
The period for compliance stated in the notice shall be such period as is reasonable in the circumstances and shall not in any case be less than 28 days.
4
The enforcement authority may at any time —
a
withdraw the notice;
b
extend the period for compliance with any requirement of the notice;
c
with the consent of the person on whom the notice is served, modify the requirements of the notice,
and shall do so if so directed by the Secretary of State under regulation 5(4) below.
Appeals against notices requiring works etc.
5
1
A person served with a notice under regulation 4 above may within the period of 28 days beginning with the day on which that notice is served (or within such longer period as the Secretary of State may allow) appeal to the Secretary of State against the notice.
2
An appeal under this regulation shall be made by the appellant serving notice on the Secretary of State and the notice shall contain or be accompanied by a statement of the grounds of appeal.
3
Before determining an appeal under this regulation the Secretary of State shall, if requested to do so by the appellant or the enforcement authority, afford them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.
4
On determining an appeal under this regulation the Secretary of State shall have power to direct the enforcement authority to withdraw the notice under regulation 4 above, to modify any of its requirements, to extend the period for compliance with any requirement or to dismiss the appeal.
5
The period for compliance with a notice under regulation 4 above shall, subject to any direction under paragraph (4) above, be extended by a period equal to the period beginning with the date on which notice of appeal is served and ending on the date on which the Secretary of State finally determines the appeal or, if the appeal is withdrawn, the date on which it is withdrawn.
Monitoring
6
1
The occupier of any farm all or part of which is in a nitrate vulnerable zone shall permit the enforcement authority, its servant or agent (“the authorised person”), accompanied by such persons as appear to the authorised person to be necessary for the purpose, at all reasonable times, where necessary in order to monitor implementation of the action programme or to assess its effectiveness in reducing water pollution caused or induced by nitrates from agricultural sources and preventing further such pollution, to —
a
enter upon the land;
b
take samples;
c
install and maintain equipment; or
d
examine all records kept in implementation of the action programme.
2
The occupier of any farm all or part of which is in a nitrate vulnerable zone shall render all reasonable assistance to any person acting by virtue of paragraph (1) above and in particular shall —
a
produce for inspection such document or record as may be reasonably required by that person; and
b
at the reasonable request of that person, accompany him in making the inspection of any land.
3
In this regulation, “occupier” shall be construed in accordance with regulation 3(2).
Offences by directors, etc.
7
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in such capacity,
he, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
For the purpose of paragraph (1) above, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
3
Where an offence under these Regulations is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
Offences
8
1
Any person who fails to comply with a requirement imposed on him by regulation 3 or by a notice served on him under regulation 4, shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale or, on conviction on indictment, to a fine not exceeding the statutory maximum.
2
Any person who fails to comply with a requirement imposed on him by regulation 6, shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
Revocation
9
Regulation 5 (code of good agricultural practice) of the Protection of Water Against Agricultural Nitrate Pollution (England and Wales) Regulations 1996 is hereby revoked.
Signed by Authority of the Secretary of State
Angela Eagle
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
6th May 1998
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
6th May 1998
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under-Secretary of State, Welsh Office
7th May 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Thames Gateway National Health Service Trust (Establishment) Order 1998 and shall come into force on 1st April 1998.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“the trust” means the Thames Gateway National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is hereby established an NHS trust which shall be called Thames Gateway National Health Service Trust.
Functions of the trust
3
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more Health Authorities) shall be: —
a
to own and manage pursuant to section 5(1)(a) of the Act Keycol Hospital, Newington, Nr. Sittingbourne, Kent ME9 8NG and associated hospitals and premises, and there to provide hospital accommodation and services and community health services;
b
to own and manage pursuant to section 5(1)(a) of the Act Archery House, Bow Arrow Lane, Dartford, Kent DA2 6PB and associated hospitals, and there to provide hospital accommodation and services;
c
to own and manage pursuant to section 5(1)(a) of the Act the Livingstone Hospital, East Hill, Dartford, Kent DA1 1SA and the associated premises, and there to provide community health services;
d
to provide and manage pursuant to section 5(1)(b) of the Act the adult psychiatric unit, Bow Arrow Lane, Dartford, Kent DA2 6PB, and there to provide hospital accommodation and services; and
e
to provide and manage pursuant to section 5(1)(b) of the Act the community hospital, Barton Hill Drive, Minster, Sheerness, Kent and there to provide community health services.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 executive directors and 5 non-executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1998.
2
The accounting date of the trust shall be 31st March.
Restriction on disposal of assets
6
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State
Department of Health
17th March 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (General Medical Services) Amendment (No. 2) Regulations 1998 and shall come into force on 10th December 1998.
2
In these Regulations, “the principal Regulations ” means the National Health Service (General Medical Services) Regulations 1992 .
Amendment of regulation 2 of the principal Regulations
2
In regulation 2(1) of the principal Regulations (interpretation) —
a
in the definition of “full-time doctor”, for “15(1)(a)” substitute “13(2)(a)”;
b
in the definition of “half-time doctor”, for “15(1)(c)” substitute “13(2)(c)”;
c
in the definition of “job-sharing doctor”, for “15(1)(d)” substitute “13(2)(d)”;
d
in the definition of “locality”, at the end, insert —
but in relation to Part III of, and Schedule 3 to, these Regulations, shall be construed in accordance with regulation 11(7)
;
e
in the definition of “restricted doctor”, for “15(1)(e)” substitute “13(2)(e)”;
f
in the definition of “three-quarter-time doctor”, for “15(1)(b)” substitute “13(2)(b)”; and
g
in the appropriate alphabetical position, insert —
“a replacement doctor” means a replacement full-time doctor nominated by the remaining members of a partnership in accordance with the provisions of regulations 18H and 18I;
.
Amendment of regulation 4 of the principal Regulations
3
Regulation 4 of the principal Regulations (medical list) is amended as follows —
a
in paragraph (1)(a), for “30” substitute “29A”;
b
in paragraph (3), for “15” substitute “13(1)(b)”; and
c
in paragraph (5)(f), omit the words “or, on appeal, by the Secretary of State”.
Amendment of regulation 6 of the principal Regulations
4
In regulation 6 of the principal Regulations (amendment of or withdrawal from the medical list), for paragraph (5) substitute —
5
Where a Health Authority applies to the Medical Practices Committee for the variation of any condition imposed or treated as imposed pursuant to regulation 13(1)(b) , and the Medical Practices Committee grants such variation, the Health Authority shall amend the medical list by transferring the name of that doctor to that part of the list which, having regard to the nature of the condition as varied, is appropriate in his case by virtue of regulation 4(2).
.
General practitioner practice vacancies
5
1
For Part III of the principal Regulations, substitute the new Part III set out in Schedule 1 to these Regulations.
2
In consequence of paragraph (1), regulation 5 of the principal Regulations (application for inclusion in the medical list or to succeed to a vacancy) is omitted.
3
As a further consequence of paragraph (1), after regulation 39 of the principal Regulations insert the following regulation —
Certificate that transaction does not involve sale of goodwill
40
A certificate issued by the Medical Practices Committee under paragraph 1(3) of Schedule 10 to the Act shall be in the form set out in Schedule 7.
.
Amendment of regulation 25 of the principal Regulations
6
Regulation 25 of the principal Regulations (temporary provision of services) is amended as follows —
a
in paragraph (16), sub-paragraph (b), and the word “and” at the end of sub-paragraph (a), are omitted; and
b
after paragraph (16) add —
17
No doctor shall be appointed under this regulation unless he is able to satisfy the Health Authority that he has that knowledge of English which, in the interests of himself and his patients, is necessary for the provision of general medical services in the Authority’s area.
.
Amendment of Schedule 2 to the principal Regulations
7
In Schedule 2 to the principal Regulations (terms of service for doctors), in paragraph 32 (which restricts the carrying on of a medical practice at premises previously used by a different doctor), for sub-paragraph (2) substitute —
2
In this paragraph “successor” means the doctor approved or nominated by a Health Authority in accordance with regulation 18A, 18B, 18C or 18I, and “the date on which the successor was appointed” means the date on which the successor is notified of such nomination or approval, or where an appeal lies to the Secretary of State under regulation 18G —
a
the date on which the successor is notified that no appeal has been made to the Secretary of State; or
b
in the event of an appeal, the date on which the successor is notified of the Secretary of State’s decision to dismiss the appeal.
.
Amendment of Schedule 3 to the principal Regulations
8
In Schedule 3 to the principal Regulations, for Parts I, II , IIIA, IIIB, IIIC, IIID, IV , V and VI , substitute Parts I, II and III as set out in Schedule 2 to these Regulations.
Existing circumstances
9
1
The amendments made by these regulations do not affect any application for inclusion in a medical list or to succeed to a practice vacancy made before 10th December 1998, and accordingly such an application, any appeal to the Secretary of State arising out of such an application, and any reconsideration of such an application in the event of such an appeal being successful, shall be dealt with as if the amendments made by these Regulations had not come into force.
2
Nothing in these Regulations requires any alteration in the entry relating to a medical practitioner in a Health Authority medical list as it was immediately before these Regulations came into force.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,
Department of Health
18th November 1998


text:
Citation and commencement
1
This Order may be cited as the Approval of Codes of Management Practice (Residential Property) Order 1998 and shall come into force on 27th February 1998.
Approval of modifications of code of practice
2
Modifications to “The Association of Retirement Housing Managers' Code of Practice for the Management of Leasehold Sheltered Housing” which were submitted for approval on 15 December 1997 by the Association of Retirement Housing Managers, to be published by that body and to be printed by RAP Limited, 201 Spotland Road, Rochdale, Lancs., OL12 7AF ( ISBN 0-9526691-1-0), are approved.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
21st January 1998
R. Davies
Secretary of State for Wales
22nd January 1998


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Local Authorities (Members' Allowances) (Amendment) Regulations 1998 and shall come into force on 1st April 1998.
Increase of allowance
2
1
The Local Authorities (Members' Allowances) Regulations 1991 are amended as follows.
2
In regulation 17(2) (allowance in respect of conferences and meetings) for “£27.70” there is substituted, in relation to attendance at a conference or meeting on or after 1st April 1998, “£28.62”.
Revocations
3
The Regulations specified in the first column of the following table are revoked to the extent specified in the third column.
TABLE
Regulations revoked References Extent of revocation
The Local Authorities (Members' Allowances) (Amendment) Regulations 1995 S.I. 1995/553 Regulation 5(2) The Local Authorities (Members' Allowances) (Amendment) Regulations 1996 S.I. 1996/469 Regulation 4(2) The Local Authorities (Members' Allowances) (Amendment) Regulations 1997 S.I. 1997/589 Regulation 2(2)
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
2nd March 1998
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
3rd March 1998


text:
1
This Order may be cited as the Combined Probation Areas (Hertfordshire) Order 1998 and shall come into force on 1st April 1998.
2
For that part of the Combined Probation Areas Order 1986 which relates to the Hertfordshire Probation Area there shall be substituted the following —
(1) (2) (3) Petty Sessions Area Probation Area Number of Justices on Probation Committee
Dacorum
Watford
Hertfordshire 3
East Hertfordshire
North Hertfordshire
3
Mid Hertfordshire
St Albans
3
3
The three members of the Hertfordshire Probation Committee appointed before 1st April 1998 by the justices for the grouped petty sessions areas of Bishop’s Stortford, Cheshunt, Hertford and Ware, and North Hertfordshire shall continue in office as if appointed by the justices for the grouped petty sessions areas of East Hertfordshire and North Hertfordshire.
Joyce Quin
Minister of State
Home Office
13th March 1998


text:
Title and commencement
1
This Order may be cited as the Plant Health (Great Britain) (Amendment) (No. 3) Order 1998 and shall come into force on 7th October 1998.
Amendment of the Plant Health (Great Britain) Order 1993
2
After article 25(1)(c) of the Plant Health (Great Britain) Order 1993 there shall be added–
d
for the purposes of the examinations referred to in sub-paragraph (a) of this paragraph, where those examinations relate to any plant, plant product or other object imported from a third country, require the occupier or other person in charge of the premises in which the examination is taking place to provide–
i
suitable areas for inspection, where appropriate;
ii
adequate lighting; and
iii
inspection tables.
.
Jeff Rooker
Minister of State,
Ministry of Agriculture, Fisheries and Food
9th September 1998
Sewel
Parliamentary Under Secretary of State,
Scottish Office
14th September 1998
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State,
Welsh Office
14th September 1998


text:
Citation, commencement and interpretation
1
1
This Scheme may be cited as the Personal Injuries (Civilians) Amendment Scheme 1998 and shall come into force on 6th April 1998.
2
In this Scheme, the expression “the principal Scheme” means the Personal Injuries (Civilians) Scheme 1983 .
Amendment of article 18 of the principal Scheme
2
In article 18 of the principal Scheme (unemployability allowances) in paragraph (2) for the amount “£2,418” there shall be substituted the amount “£2,496”.
Substitution of Schedules 3 and 4 to the principal Scheme
3
For Schedules 3 and 4 to the principal Scheme (rates of pensions and allowances payable in respect of disablement and death) there shall respectively be substituted the Schedules set out in the Schedule to this Scheme and numbered 3 and 4.
Signed by authority of the Secretary of State for Social Security.
Patricia Hollis
Parliamentary Under-Secretary of State,
Department of Social Security
2nd February 1998
We approve,
Jim Dowd
John McFall
Two of the Lords Commissioners of Her Majesty’s Treasury
10th February 1998


text:
Commencement and citation
1
This Order may be cited as The A316 Trunk Road (Hounslow) Red Route Traffic Order 1998, and shall come into force on 30th October 1998.
Interpretation
2
In this Order–
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column (2) of the table in schedule 1;
f
“vehicle” includes part of a vehicle;
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule;
h
“bus” has the meaning given by regulation 22(2) of the Traffic Signs Regulations and General Directions 1994 ;
i
“bus stop” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stop”; and
j
“bus stand” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stand”.
k
“London Regional Transport” has the meaning given by the London Regional Transport Act 1984 .
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Buses: The controls specified in article 3(1) do not apply in respect of a person causing a bus to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that–
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies–
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing:
a
a bus to stop at a bus stop for as long as may be required to enable passengers to board or alight; or
b
a bus to stop at a bus stop or a bus stand and being used for operational reasons in the course of providing a London bus service (as defined in section 34 of the Transport Act 1985 ) under an agreement with London Regional Transport or training drivers to allow such a service to be provided.
2
In this article “operational reasons” means:
i
to enable passengers to board and alight;
ii
to enable crew changes to take place;
iii
to maintain the scheduled timetable subject, in the case of a bus stop, to a maximum wait of two minutes.
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is–
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
10
1
The A316 Trunk Road (Hounslow) Red Route Experimental Traffic Order 1997 is hereby revoked.
2
The Hounslow (Waiting and Loading Restrictions) Order 1977 is hereby revoked, in so far as its provisions relate to any part of the trunk road red route.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
20th October 1998


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemptions) (London Boroughs of Hillingdon and Hounslow, and Daventry and Horsham District Councils) Order 1998 and shall come into force on 4th June 1998.
Exemptions of sports and leisure facilities management
2
1
The management of sports and leisure facilities by the council of the London Borough of Hillingdon shall not be treated as a defined activity so long as it is carried out at the Hayes Stadium Sports Centre, Judge Heath Lane, Hayes, during the period beginning with 4th June 1998 and ending on 5th April 1999.
2
The management of sports and leisure facilities by the council of the district of Horsham shall not be treated as a defined activity so long as it is carried out in their area during the period beginning with 4th June 1998 and ending on 31st March 1999.
Exemption of other cleaning carried out by the London Borough of Hounslow
3
Other cleaning by the council of the London Borough of Hounslow shall not be treated as a defined activity so long as it consists of the cleaning of any street in their area during the period beginning with 4th June 1998 and ending on 31st October 1998.
Exemption of collection of refuse carried out by Daventry District Council
4
Collection of refuse by the council of the district of Daventry shall not be treated as a defined activity so long as it consists of the collection of clinical waste in their area during the period beginning with 4th June 1998 and ending on 30th July 2000.
Signed by authority of the Secretary of State,
Hilary Armstrong
Minister of State
Department of the Environment, Transport and the Regions
8th May 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Electrical Equipment for Explosive Atmospheres (Certification) (Amendment) (No. 2) Regulations 1998 and shall come into force on 1st August 1998.
2
In these Regulations, “the principal Regulations ” means the Electrical Equipment for Explosive Atmospheres (Certification) Regulations 1990 .
Amendment to the principal Regulations
2
In regulation 12A(5) of the principal Regulations, for the words “before 30th September 1998” there shall be substituted the words “before 1st October 1998”.
John Battle
Minister for Science, Energy and Industry,
Department of Trade and Industry
17th June 1998


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


text:
Citation and commencement
1
1
This Order may be cited as the County of Pembrokeshire (Electoral Arrangements) Order 1998.
2
This Order shall come into operation on 6th May 1999 except that for the purposes of all proceedings preliminary or relating to an election to be held on or after that day, it shall come into force immediately.
Electoral divisions
2
1
The existing electoral divisions of the County of Pembrokeshire shall be abolished and the County shall be divided into 60 electoral divisions which shall bear the names set out in column (1) of the Schedule to this Order, and each such electoral division shall comprise the area specified opposite thereto in column (2) of that Schedule.
2
The number of councillors to be returned for each electoral division constituted by this Order shall be one.
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
23rd November 1998


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as Charges for Inspections and Controls (Amendment) Regulations 1998 and shall come into force on 22nd December 1998.
2
In these Regulations “the principal Regulations ” means the Charges for Inspections and Controls Regulations 1997 .
Amendment of the principal Regulations
2
The principal Regulations shall be amended in accordance with regulations 3 to 5 below.
3
In regulation 2 (interpretation) in paragraph (1) after the definition of “rainbow trout” there shall be inserted the following definition–
“raw milk collection establishment” has the same meaning as it has in Annex B to Council Directive 85/73/ EEC (as set out in the Annex to Council Directive 96/43/ EC ) on the financing of veterinary inspections and controls covered by Directives 89/662/EEC , 90/425/EEC , 90/675/EEC and 91/496/EEC ;
.
4
In regulation 4 (recovery of and liability for charges)–
a
in paragraph (1), for the words “paragraphs (9) to (14)” there shall be substituted the words “paragraph (9)”;
b
in paragraph (2) for sub-paragraph (g) there shall be substituted the following sub-paragraph–
g
(where the charge concerned relates to raw milk) by the operator of the raw milk collection establishment which collects it or (in the case of raw milk to which the charge relates but in relation to which there is no such establishment) by its producer
;
c
after paragraph (4) there shall be inserted the following paragraph–
4A
Where any operator of a raw milk collection establishment has paid any charge under sub-paragraph (g) of paragraph (2) in respect of any raw milk he shall by virtue of this provision have the right to recover on demand a sum equal to that charge as a debt owed to him by the person from whom that raw milk was collected.
; and
d
paragraphs (10) to (14) shall be omitted.
5
In the Schedule (charges for carrying out inspections and controls provided for by Council Directive 96/23/EC ) in column 1 for the entry “milk” there shall be substituted the entry “raw milk”.
Amendment of the Dairy Produce Quotas Regulations 1997
6
In the Dairy Produce Quotas Regulations 1997 after regulation 28 (information) there shall be inserted the following regulation–
Access to relevant information
28A
1
The Intervention Board may, upon receiving an appropriate request by the Minister, allow the Minister access to relevant information.
2
For the purposes of paragraph (1) above–
a
an “appropriate request” is one expressed to be for the purpose of enabling the Minister to–
i
determine from whom any charge payable under regulation 4(2)(g) of the Charges for Inspections and Controls Regulations 1997 is recoverable; or
ii
calculate any charge payable under those Regulations which relates to raw milk; and
b
“access to relevant information” means–
i
inspection of–
aa
the entries in the registers which are referred to in regulation 24 of these Regulations; and
bb
such information as is received by the Intervention Board pursuant to regulation 28(2) of these Regulations; and
ii
the provision of a copy of any of those entries or such information, as appropriate.
.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
16th November 1998
Signed by authority of the Secretary of State for Health
Tessa Jowell
Minister of State for Public Health,
Department of Health
17th November 1998
Signed by the authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
19th November 1998
Sewel
Parliamentary Under Secretary of State, Scottish Office
19th November 1998


text:
Citation, commencement and application
1
1
This Order may be cited as the Hereford and Worcester (Staff Transfer) Order 1998 and shall come into force on 1st April 1998.
2
This Order makes provisions which are consequential on or supplementary to, the Hereford and Worcester (Structural and Boundary Changes) Order 1996 (“the 1996 Order ”).
Interpretation
2
In this Order —
“contract of employment” means a contract under which a person works for another person whether under a contract of service or apprenticeship or otherwise but does not include a contract for services;
“designated list” means the list marked “The Hereford and Worcester (Staff Transfer) Order 1998 Designated List” which is signed by the Secretary of State for the Environment, Transport and the Regions, one copy of which is deposited with each of the four City) and District Councils affected by the 1996 Order, one with the Hereford and Worcester County Council and one in the offices of the Secretary of State for the Environment, Transport and the Regions;
“employee” means a person employed under a contract of employment including a person employed under a fixed term contract the expiry date for which is after 31st March 1998, but does not include a person whose employment is on a temporary basis and who on 31st March 1998 has had a continuous period of employment (when calculated in accordance with sections 210 to 219 of the Employment Rights Act 1996 ) of less than two years.
Transfer of Staff
3
1
This article shall apply to any employee (a “designated employee”) —
a
who immediately before 1st April 1998 (“the reorganisation date”) is employed by the Hereford and Worcester County Council, the Hereford City Council, the Leominster District Council, the South Herefordshire District Council or the Malvern Hills District Council;
b
whose employment would continue but for the abolition of those councils; and
c
whose name is mentioned, or who falls within a class or description of employees which is mentioned, in the designated list.
2
The contract of employment of a designated employee shall not be terminated on the reorganisation date but shall have effect —
a
in the case of an employee whose name is mentioned in, or who falls within a class or description of employees mentioned in any section of Part I of the designated list, as if originally made between that employee and the county or district council mentioned at the head of that section;
b
in the case of an employee whose name is mentioned in, or who falls within a class or description of employees mentioned in any section of Part II, Part III, Part IV or Part V of the designated list, as if originally made between that employee and the district council mentioned at the head of that section.
3
This article is without prejudice to any provision of the Transfer of Undertakings (Protection of Employment) Regulations 1981 .
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
25th February 1998


text:
Citation
1
This Order may be cited as the Late Payment of Commercial Debts (Interest) Act 1998 (Commencement No. 1) Order 1998.
Interpretation
2
1
In this Order–
a
“large business purchaser” means a purchaser, not being a United Kingdom public authority, whose business is a large business;
b
“United Kingdom public authority” means an authority falling within Schedule 1; and
c
“small business supplier” means a supplier, not being a United Kingdom public authority, whose business is a small business.
2
For the purposes of this Order, a business is–
a
a small business, if the number of full-time employees employed in the business is 50 or fewer; or
b
a large business, if the number of full-time employees employed in the business is more than 50,
when calculated in accordance with Schedule 2.
Contracts in relation to which the Late Payment of Commercial Debts (Interest) Act 1998 comes into force on 1st November 1998
3
1
The Late Payment of Commercial Debts (Interest) Act 1998 shall come into force on 1st November 1998 in relation to contracts for the supply of goods or services made on or after that date of either of the following descriptions, that is to say–
a
contracts made between a small business supplier and a purchaser who is a United Kingdom public authority; or
b
contracts made between a small business supplier and a large business purchaser.
2
The question whether a contract falls within either of those descriptions is to be determined by reference to the circumstances when the contract is made and, accordingly, is not affected by any subsequent change in those circumstances.
Barbara Roche
Parliamentary Under Secretary of State for Small Firms, Trade and Industry,
Department of Trade and Industry
4th October 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Surrey Hampshire Borders National Health Service Trust (Establishment) Order 1998 and shall come into force on 16th March 1998.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 16th March 1998;
“the trust” means the Surrey Hampshire Borders National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is hereby established an NHS trust which shall be called the Surrey Hampshire Borders National Health Service Trust.
Functions of the trust
3
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more Health Authorities) shall be: —
a
to own and manage pursuant to section 5(1)(a) of the Act Farnham Hospital, Hale Road, Farnham, Surrey GU9 9QL, Heathlands House, The Ridgewood Centre, Old Bisley Road, Frimley, Camberley, Surrey GU16 5QE and associated hospitals, and there to provide hospital accommodation and services; and
b
to own and manage pursuant to section 5(1)(a) of the Act Farnham Hospital, Hale Road, Farnham, Surrey GU9 9QL, Heathlands House, The Ridgewood Centre, Old Bisley Road, Frimley, Camberley, Surrey GU16 5QE and associated premises, and there to provide community health services.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 executive directors and 5 non-executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1998.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between the establishment date and the operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance by Health Authorities before operational date
7
1
The West Surrey Health Authority shall discharge the liabilities of the trust incurred during the period from and including the establishment date until the operational date that are of a description specified in paragraph (2) of this article.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State
Department of Health
3rd March 1998


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Suffolk River Valleys) 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 (Suffolk River Valleys) Designation 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;
“buffer strip” means a strip of land which is subject to a prohibition on the use of fertilisers and other agricultural chemicals, is at least six metres wide, is located at the edge of a field and adjoins an open drainage channel or a hedgerow;
“capital activity” means an activity specified in Schedule 1;
“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;
“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;
“fen” means an area of semi-natural vegetation which is waterlogged throughout the year;
“grassland” means land on which the vegetation consists primarily of grass species and includes meadowland, pasture and rough grazing;
“low input grassland” means permanent grassland which has not been regularly cultivated or reseeded, or treated with fertiliser, pesticides or other agricultural inputs, or permanent grassland that has the potential to retain high summer water levels;
“management activity” means an activity specified in Schedule 2;
“marsh” means grassland with the potential to retain high spring water levels in ditches so as to create field wetness or to allow shallow pools to develop;
“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;
“reverted grassland” means grassland established pursuant to the provisions of an agreement on land previously used for arable cropping; and
“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 3rd March 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
Payments to be made by the Minister under an agreement may be made in respect of a capital activity or a management activity
.
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, 3, 4, 5 and 6.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
18th May 1998
We consent,
Graham Allen
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
19th May 1998


text:
Now, therefore, the Secretary of State, in exercise of the powers conferred on him by section 9 of the Act, hereby makes the following Order:–
1
This Order may be cited as the Public Telecommunication System Designation (MLL Telecom Limited) Order 1998 and shall come into force on 7th January 1999.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Barbara Roche
Parliamentary Under Secretary of State for Small Firms, Trade and Industry,
Department of Trade and Industry
3rd December 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Chester Waterworks Company (Constitution and Regulation) Order 1998 and shall come into force on 13th March 1998.
2
In this Order —
“the 1845 Act ” means the Companies Clauses Consolidation Act 1845 ;
“the 1863 Act ” means the Companies Clauses Act 1863 ;
“the relevant provisions” means the local statutory provisions referred to in the special resolution of the Company passed on 29th October 1997.
Approval of proposal contained in the special resolution
2
The proposal contained in the special resolution is hereby approved.
Date on which memorandum and articles come into force etc.
3
The date specified for the purposes of section 12(1) of the Act as the date on which the memorandum and articles shall come into force and the relevant provisions shall cease to have effect is 13th March 1998.
Consequential provision
4
The local statutory provisions referred to in Schedule 2 to this Order are repealed to the extent indicated in that Schedule with effect from 13th March 1998.
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
11th February 1998


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Personal Equity Plan (Amendment) Regulations 1998 and shall come into force on 21st August 1998.
2
Regulations 5 to 7 and 9 to 11 shall have effect for the year 1999–00 and subsequent years of assessment.
3
Regulation 12 shall have effect in relation to any disposal of any securities (whenever acquired) on or after 6th April 1998.
4
Regulation 13 shall have effect in relation to any disposal of any securities on or after 17th March 1998 and before 6th April 1998.
Interpretation
2
In these Regulations —
“the principal Regulations ” means the Personal Equity Plan Regulations 1989 ;
“regulation” means a regulation of the principal Regulations;
“securities” means any securities within the meaning of section 104 of the Taxation of Chargeable Gains Act 1992 or any relevant securities within the meaning of section 108 of that Act ;
“the year 1999–00” means the year of assessment beginning on 6th April 1999.
Amendments to the principal Regulations
3
In regulation 2(1) —
a
in paragraph (b) in the definitions of “authorised unit trust”, “fund of funds” and “securities fund” and in paragraph (c) in the definition of “securities company” for the references to “the Securities and Investments Board” there shall be substituted references to “the Financial Services Authority”;
b
in paragraph (c) in the definition of “securities company” for the reference to “that Board” there shall be substituted a reference to “that Authority”.
4
In regulation 4(1) after the word “subscribe” there shall be inserted the words “before 6th April 1999”.
5
In regulation 8 the words from “but, so long as” to the end shall be omitted.
6
Regulations 9 , 10 and 10A shall be omitted.
7
In regulation 16(3) paragraphs (iii), (iv) and (v) of sub-paragraph (b) shall be omitted.
8
After regulation 17(2) there shall be added —
3
A plan investor who, after subscribing to a plan at any time, ceases to be resident in the United Kingdom shall be treated for the purposes of determining his entitlement to, and to payment of, tax credits in respect of qualifying distributions so far as they relate to plan investments as if he were so resident.
9
Regulation 19(5) shall be omitted.
10
Regulation 24(1) shall be omitted.
11
In regulation 24A(2) for paragraphs (iii), (iv) and (v) of sub-paragraph (b) there shall be substituted —
iii
the market value of the plan investments held under the plan, that value being determined either at 5th April in the year for which, or for part of which, the return is being made or any other valuation date in that year, not falling earlier than 5th October.
12
In regulation 27 for paragraphs (2) to (3) there shall be substituted —
2
Sections 104 to 114 of the Taxation of Chargeable Gains Act 1992 shall apply for the purposes of pooling and identifying plan investments as if —
a
in section 106A after subsection (11) there were added —
12
This section and sections 104, 110, 110A and 114 —
a
shall apply separately in relation to any securities which are held by a person as plan investments so long as they are so held, and
b
shall apply in relation to any such securities which became plan investments by being transferred or renounced to a plan manager or to a nominee for a plan manager in the circumstances specified in regulation 4(2A)(a), (b) or (c) or 4A(2) as if they had been plan investments —
i
in the case of securities which were transferred or renounced in the circumstances specified in regulation 4(2A)(a), (b) or (c), and in the case of securities acquired by that person in accordance with the provisions of a savings-related share option scheme which were transferred in the circumstances specified in regulation 4A(2), from the date of their acquisition by him, or
ii
in the case of securities appropriated to that person in accordance with the provisions of an approved profit sharing scheme which were transferred in the circumstances specified in regulation 4A(2), from the date when he directed the trustees to transfer the ownership of the securities to him or, if earlier, the release date in relation to those securities, and
c
while applying separately to any such securities, shall have effect as if that person held them in a capacity other than that in which he holds any other securities of the same class whether under another such plan or otherwise.
13
In this section —
a
“plan”, “plan investment” and “plan manager” have the same meanings as in the Personal Equity Plan Regulations 1989 and “regulation” means a regulation of those Regulations;
b
“approved profit sharing scheme” has the same meaning as in Chapter IV of Part V of the Taxes Act and “savings-related share option scheme” has the meaning given by paragraph 1 of Schedule 9 to that Act.
; and
b
in section 110A after subsection (5) there were added —
6
Where part of a section 104 holding is treated by section 106A (12)(b)(ii) as having been plan investments since a particular date —
a
an operative event shall be regarded as having occurred for the purposes of this section immediately before that date consisting of the disposal of the part of that section 104 holding which is so treated, and
b
this section shall apply in relation to the occurrence of that operative event as it would have applied if it had always applied separately in relation to the part of that section 104 holding which is so treated.
3
Section 106A of the Taxation of Chargeable Gains Act 1992 shall apply for the purposes of identifying securities within the meaning of that section which are eligible to become plan investments as if —
a
in subsection (4), there were added at the beginning the words “Subject to subsection (14) below”;
b
in subsection (6), for the words “subsections (4) and (5) above” there were substituted the words “subsections (4), (5) and (14)”; and
c
after subsections (12) and (13), as added by paragraph (2), there were added —
14
Where a person disposes of securities and securities of the same class which were eligible for transfer to a plan under regulation 4(2A)(a), (b) or (c) or 4A(2) were —
a
held by him immediately before that disposal,
b
acquired by him on the same day as that disposal, or
c
acquired by him within the period of thirty days after that disposal,
and those securities were acquired in the circumstances specified in that regulation, he shall be treated as having first disposed of any securities of that class held or acquired by him which were not so eligible.
4
Sections 127 to 131 of the Taxation of Chargeable Gains Act 1992 shall not apply in relation to ordinary shares, qualifying EC shares, other qualifying shares, shares in securities companies, units in funds of funds, units in securities funds or qualifying securities which are held under a plan if there is by virtue of any allotment for payment as is mentioned in section 126(2) of that Act a reorganisation affecting those shares or securities.
13
In regulation 27(2A) after the words “as if” there shall be inserted the words “section 124(8) of the Finance Act 1998 had not been enacted and”.
Graham Allen
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
31st July 1998