text:
1
This Order may be cited as the National Crime Squad Service Authority (Levying) (Amendment) Order 1998 and shall come into force on 1st February 1999.
2
1
The National Crime Squad Service Authority (Levying) Order 1997 shall be amended in accordance with the following paragraphs.
2
Paragraph (4) of article 13 (payment of the levy) shall be omitted; and accordingly, in paragraphs (2) and (3) of that article, the words “Subject to paragraph (4) below” shall be omitted.
3
For the Schedule there shall be substituted the following Schedule:
SCHEDULE
APPORTIONMENT OF LEVIES
Articles 9 and 10
1
Each police authority shall contribute to the total amount of the levies issued under section 62 of the 1997 Act a sum which is such proportion of that total amount as is equal to the proportion which the sum of:
a
the amount of the grant made to that authority for the relevant year under section 46 of the 1996 Act; and
b
the amount of that authority’s standard spending assessment for the police service block in the relevant year,
bears to the sum of–
i
the aggregate amount of grants made for the relevant year under section 46 of the 1996 Act; and
ii
the aggregate of the standard spending assessments for the police service block in the relevant year.
2
In this Schedule–
a
any reference to the amount of grant made under section 46 of the 1996 Act or to the aggregate amount of grants so made shall be construed as a reference to the amount of grant or, as the case may be, aggregate amount of grants made in pursuance of a formula or other rule applied under subsection (4) of that section which applies to all police authorities; and accordingly any special payment made to one or more police authorities in pursuance of any other formula or rule, or of any consideration taken into account in relation to that police authority under subsection (3) of that section, shall for the purposes of this Schedule be disregarded;
b
any reference to the standard spending assessment for the police service block of a police authority is a reference to the police element of its standard spending assessment as used in calculating the amount of revenue support grant payable to that authority in accordance with the basis of distribution in the local government finance report relating to the relevant year made by the Secretary of State under section 78A of the Local Government Finance Act 1988 ; and any reference to the aggregate of the standard spending assessments for the police service block is a reference to the total amount of the police element of the standard spending assessments calculated for the receiving authorities (within the meaning of Part V of that Act).
.
Paul Boateng
Minister of State
Home Office
22nd December 1998


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Asylum and Immigration Act 1996 (Guernsey) Order 1998 and shall come into force on 20th July 1998.
2
In this Order, “the 1971 Act ” means the Immigration Act 1971 .
3
Sections 4, 5, 7, 12(1), 13(1) and (2) of, and paragraphs 1, 2, 4 to 6, 8 to 10 and 13 of Schedule 2 to, the Asylum and Immigration Act 1996, shall extend to the Bailiwick of Guernsey with the modifications specified in the Schedule to this Order, being modifications that appear to Her Majesty to be appropriate.
N. H. Nicholls
Clerk of the Privy Council


text:
Commencement and citation
1
This Order may be cited as the A23 Trunk Road (Croydon) Red Route (Prohibited Turns) Traffic Order 1998, and shall come into force on 26th January 1998.
Interpretation
2
In this Order
Cause includes permit;
“Purley Way” means that length of the A23 Trunk Road in the London Borough of Croydon known as Purley Way;
“Stafford Road” means that length of the A232 in the London Borough of Croydon known as Stafford Road.
Prohibition
3
Subject to the provisions of article 4 below, no person shall cause a vehicle to turn right on entering Purley Way from Stafford Road.
Exemptions
4
Nothing in this Order shall apply —
a
to anything done with the permission or at the direction of a police constable in uniform or a traffic warden; or
b
to a vehicle being used for fire brigade, ambulance or police purposes.
Revocation
5
The A23 Trunk Road (Croydon) Red Route (Prescribed Route No. 2) Experimental Traffic Order 1996 is hereby revoked.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
12th January 1998


text:
Citation and commencement
1
This Order may be cited as the Cumbria Ambulance Service National Health Service Trust (Establishment) Amendment Order 1998 and shall come into force on 26th May 1998.
Amendment of NHS trust Establishment Order
2
In Article 4 of the Cumbria Ambulance Service National Health Service Trust (Establishment) Order 1992 for “4 non-executive” there shall be substituted “3 non-executive” and for “4 executive” there shall be substituted “3 executive”.
Signed by authority of the Secretary of State for Health.
Alan Milburn
Minister of State,
Department of Health
12th May 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Federal Republic of Yugoslavia and Serbia (Freezing of Funds) Regulations 1998, and shall come into force on 8th July 1998.
2
In these Regulations, “the EC Regulation” means Council Regulation (EC) No. 1295/98 of 22 June 1998 concerning the freezing of funds held abroad by the Governments of the Federal Republic of Yugoslavia and the Republic of Serbia .
Offences of breaching Article 2(2) or 4(1) of the EC Regulation
2
Any person who commits a breach of Article 2(2) or Article 4(1) of the EC Regulation shall be guilty of an offence.
Information
3
In accordance with Article 4(2) and (3) of the EC Regulation, the Schedule to these Regulations shall have effect in order to facilitate the obtaining, by or on behalf of the Treasury, of information for the purpose of ensuring compliance with the EC Regulation.
Penalties and proceedings
4
1
Any person guilty of an offence under regulation 2 above or under paragraph 2(b) or (c) of the Schedule to these Regulations shall be liable —
a
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both;
b
on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum, or both.
2
Any person guilty of an offence under paragraph 2(a) of the Schedule to these Regulations shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum, or both.
3
Where any 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, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, that person as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
4
Proceedings against any person for an offence under these Regulations may be taken before the appropriate court in the United Kingdom having jurisdiction in the place where that person is for the time being.
5
No proceedings for an offence under these Regulations, other than a summary offence, shall be instituted in England, Wales or Northern Ireland except by the Secretary of State or with the consent of the Attorney General or, as the case may be, the Attorney General for Northern Ireland:
Provided that this paragraph shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.
Bob Ainsworth
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
7th July 1998


text:
Commencement and citation
1
This Order may be cited as The A23 Trunk Road (Croydon) Red Route (No. 2) Experimental Traffic Order 1997 Variation Order 1998, and shall come into force on 27th July 1998.
Variations
2
The A23 Trunk Road (Croydon) Red Route Experimental Traffic Order 1997 is varied as provided by the following provisions of this Order.
3
Article 7(2) is deleted.
4
After article 7(1) insert a new article 7(2a):
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(I) during the hours specified in column (3) in that item.
5
After article 7(2a) insert a new article 7(2b):
The controls specified in article 3(2) of this order 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( II ) during the hours specified in column (3) in that item.
6
In Schedule 2A insert a new item 1, for which the words in column (2) shall be:
London Road, the service road fronting Jubilee Court, southwest side, an area 2.4 metres in width between a point 13.5 metres south east of the north western flank wall of Nos. 1 to 40 Jubilee Court, and a point 2 metres south east of the south eastern flank wall of Nos. 1 to 40 Jubilee Court, bounded on the south west side by a line 1.2 metres south west of and parallel to the south western kerbline, and on the north east side by a line 1.2 metres north east of and parallel to the southwestern kerbline.
7
In Schedule 2B insert a new item 8A, for which the words in column 2 shall be:
Thornton Road, south east side, between a point 1 metre north east of the party wall of Nos. 75 and 77 Thornton Road and a point 1 metre south west of the party wall of Nos. 81 and 83 Thornton Road.
8
In Schedule 2B in item 15 the words in column (2) are substituted as follows:
Between a point 1 metre south of the party wall of Nos. 313 and 315 Thornton Road and a point 1 metre north of the party wall of Nos. 319 and 321 Thornton Road.
9
In Schedule 2B insert a new item 15A, for which the words in column 2 shall be:
London Road, the service road fronting Jubilee Court, northeast side, from a point 16.5 metres south east of the north western flank wall of Nos. 1 to 40 Jubilee Court, south eastwards for a distance of 12 metres.
10
In Schedule 2B item 16 is deleted.
11
In Schedule 2B in item 17 the words in column (2) are substituted as follows:
London Road, the service road fronting Jubilee Court, northeast side, between a point 28.5 metres south east of the north western flank wall of Nos. 1 to 40 Jubilee Court and a point 2 metres south east of the south eastern flank wall of Nos. 1 to 40 Jubilee Court.
12
Schedule 2C is renamed Schedule 2C(I) and shall refer to article 7(2a).
13
After Schedule 2C(I) insert the following new schedule:
SCHEDULE 2C(II)
Lengths of the trunk road red route on which there are exemptions for parking by disabled persons' vehicles only.
Article 7(2b)
Table
(1) (2) (3) Item Length of Road Restricted Hours
1. Thornton Road, east side, from a point opposite the common boundary of Nos. 321 and 323 Thornton Road northwards for a distance of 7 metres. At any time 2. London Road, the service road fronting Jubilee Court, north east side, from a point 1.5 metres north west of a point opposite the north western flank wall of Nos. 1 to 40 Jubilee Court north westwards for a distance of 10 metres.
14
In Schedule 3A item 2 is deleted.
15
In Schedule 4 in item 5 the words in column (2) are substituted as follows:
Between a point opposite the party wall of Nos. 1487 and 1489 London Road and a point 0.5 metres north west of the party wall of Nos. 1455 and 1457 London Road.
16
In Schedule 4 in item 43 the words in column (2) are substituted as follows:
Between a point 16.5 metres south east of the north western property boundary of Jubilee Court and its junction with A23 London Road (opposite No. 954 London Road).
17
In Schedule 4 item 44 is deleted.
18
In Schedule 4 in item 64 the words in column (2) are substituted as follows:
Between a point 1 metre north of the common boundary of Nos. 319 and 321 Thornton Road and a point 1.5 metres south of the common boundary of Nos. 339 and 341 Thornton Road.
19
In Schedule 4 in item 82 the words in column (2) are substituted as follows:
Between its junction with A23 Thornton Road and a point 27 metres north of the northern flank wall of No. 1 Purley Way.
20
In Schedule 4 insert a new item 82A, for which the words in Column (2) shall be:
Between a point 1 metre north of the northern flank wall of No. 1 Purley Way and a point 1 metre north of the northern flank wall of No. 3 Purley Way.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
10th July 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Warwickshire National Health Service Trust (Establishment) Amendment Order 1998 and shall come into force on 1st April 1998.
2
In this Order —
“ the Order ” means the North Warwickshire National Health Service Trust (Establishment) Order 1992 ;
“the trust” means the North Warwickshire National Health Service trust established by the Order.
Amendment to functions of NHS trust
2
For Article 3(2)(a) of the Order, there shall be substituted the following article: —
a
to own and manage pursuant to section 5(1)(a) of the Act:
i
Chelmsley Hospital, Coleshill Road, Marston Green, Birmingham B37 7HL,
ii
Admirals Court (Learning Difficulties Unit), 37 Nelson Way, Rugby, Warwickshire CV22 7LW,
iii
Mental Health Resource Centre, 34 Clifton Road, Rugby, Warwickshire CV21 3QF,
iv
42 & 44 Rosewood Avenue, Rugby, Warwickshire CV22 5PL,
and associated hospitals, and there to provide and manage hospital accommodation and services; and
b
to own and manage pursuant to section 5(1)(a) of the Act:
i
139 Earls Road, Nuneaton CV11 6QL,
ii
Orchard Centre (Health Clinic), Lower Hillmorton Road, Rugby, Warwickshire CV21 3SR,
iii
13, 15, 17 & 19 Harris Drive, Rugby, Warwickshire CV22 6DX,
iv
Hillmorton Clinic, 94 & 94a Coton Road, Rugby, Warwickshire CV21 4LX,
and associated premises, and there to provide and manage community health services.
.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of Sport
Department of Health
18th March 1998


text:
1
1
These Regulations may be cited as the Education (Assisted Places) (Incidental Expenses) (Amendment) Regulations 1998, and shall come into force on 1st September 1998.
2
These Regulations shall apply in relation to a school year beginning on or after the date mentioned in paragraph (1).
2
The Education (Assisted Places) (Incidental Expenses) Regulations 1997 shall be amended as specified in regulations 3 to 6 below.
3
In regulation 1(3), for “Regulations 2 and 3” there shall be substituted “Regulations 2, 3 and 19(4)”.
4
1
Regulation 2 shall be amended as follows.
2
In paragraph (4), for “Any uniform grant” there shall be substituted “Subject to paragraph (4B), any uniform grant”.
3
After paragraph (4), there shall be inserted —
4A
This paragraph applies to an assisted pupil where the whole or any part of any uniform grant payable to his parents pursuant to paragraph (3) was not so paid before the end of the 1997–98 school year by reason only of —
a
an error on the part of the school or the parents, or
b
a delay in calculating the relevant income in relation to that year.
4B
Where, at any time during the 1998–99 school year, the school are satisfied that paragraph (4A) applies to an assisted pupil, they shall, before the end of that year (but no later), pay to his parents the whole or any remaining part of the uniform grant which, apart from paragraph (4), would have been payable to them pursuant to paragraph (3).
.
4
In paragraph (5), for “£10,881” there shall be substituted “£11,186”.
5
For paragraph (6)(a) and (b) there shall be substituted —
a
£67 where the relevant income does not exceed £10,414; and
b
£35 where that income exceeds £10,414 but does not exceed £11,186.
.
5
In regulation 4 —
a
in paragraph (3), for “£10,148” there shall be substituted “£10,427”; and
b
in paragraph (4) —
i
for “£10,148” there shall be substituted “£10,427”, and
ii
for “£9,969” there shall be substituted “£10,248”.
6
In regulation 9(1)(b) there shall be omitted the words “(including, in relation to the 1997–98 school year, any part of the period which falls before the commencement of these Regulations)”.
Stephen Byers
Minister of State,
Department for Education and Employment
22nd June 1998
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
25th June 1998


text:
Commencement and citation
1
This Order may be cited as The A205 Trunk Road (Lambeth) Red Route Experimental Traffic Order 1998, and shall come into force on 14th March 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; and
g
an entry in column (3) , (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
h
“bus” has the meaning given by regulation 22(2) of the Traffic Signs Regulations and General Directions 1994 .
i
“bus stop” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stop”.
j
“bus stand” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stand”.
k
“London Regional Transport” has the meaning given by the London Regional Transport Act 1984 .
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.
Power to modify or suspend this Order
10
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Suspensions of existing Orders
11
1
Subject to paragraph (2) of this article, the Lambeth (Waiting and Loading Restriction) Order 1978:GLC1978/341 as amended, is hereby suspended, in so far as its provisions relate to any part of the trunk road red route.
2
The suspension specified in paragraph (1) of this article shall take effect in respect of any provision contained in the Lambeth (Waiting and Loading Restriction) Order 1978:GLC1978/341 as amended only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
24th February 1998


text:
Citation and commencement
1
1
This act of Sederunt may be cited as the Act of Sederunt (Child Care and Maintenance Rules) (Amendment) 1998 and shall come into force on 1st September 1998.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of Child Care and Maintenance Rules 1997
2
1
The Child Care and Maintenance Rules 1997 shall be amended in accordance with the following paragraph.
2
In rule 3.59 —
a
for paragraph (1), there shall be substituted the following: —
An application to the sheriff principal to state a case under section 51(11) of the Act shall specify the point of law upon which the appeal is to proceed or the irregularity in the conduct of the case concerned, as the case may be.
.
b
in paragraphs (2) and (3), for the words “note of appeal”, there shall be substituted the words “the application for a stated case”.
Rodger of Earlsferry
Lord President, IPD
Edinburgh
31 July 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Pharmaceutical Services) Amendment Regulations 1998 and shall come into force on 1st April 1998.
2
In these Regulations, “the principal Regulations ” means the National Health Service (Pharmaceutical Services) Regulations 1992 .
Amendment of regulation 2 of the principal Regulations
2
1
Regulation 2 of the principal Regulations (interpretation) is amended as follows.
2
In paragraph (1) —
a
in the appropriate alphabetical positions insert —
“the 1997 Act ” means the National Health Service (Primary Care) Act 1997 ;
;
“dispensing doctor list” shall be construed in accordance with regulation 11;
;
“doctor’s list” means a list of a doctor’s patients kept by a Health Authority —
in respect of a doctor providing general medical services, in accordance with regulation 19 of the Medical Regulations , or
in respect of a doctor performing personal medical services in connection with a pilot scheme, in accordance with paragraph 3 of the Directions to Health Authorities Concerning Patient Lists (Personal Medical Services) made under section 6(1) of the 1997 Act;
;
“personal medical services” has the meaning assigned to it in section 1(8) of the 1997 Act;
;
“pilot scheme” shall be construed in accordance with section 1(1) of the 1997 Act;
;
“pilot scheme provider” means a person, other than a Health Authority, who is a party to a pilot scheme;
; and
b
in the definition of “patient”, at the end, insert “except in relation to a doctor who performs personal medical services under a pilot scheme and whose name is not included in the medical list, in which case it has the meaning assigned to it in directions made by the Secretary of State in exercise of powers conferred on him by section 17 of the Act and section 6(1) of the 1997 Act.”.
3
In paragraph (1A) (which describes nurse prescribers who may issue prescription forms) , in each of sub-paragraphs (a)(iii) and (b)(ii), after the words “medical list” insert the words “or by a pilot scheme provider in connection with the provision of personal medical services under a pilot scheme.”.
4
After paragraph (1A), insert a new paragraph —
1B
In these Regulations —
a
the term “pharmaceutical services”, in relation to a doctor whose name is not included in a medical list but who performs personal medical services under a pilot scheme, means those services referred to in regulation 20; and
b
the term “dispensing services”, in relation to such a doctor, means any corresponding service performed, not as pharmaceutical services, but under a pilot scheme by virtue of section 1(3) of the 1997 Act.
.
Amendment of regulation 6 of the principal Regulations
3
In regulation 6 of the principal Regulations (determination of applications to which regulation 4(4) applies), in paragraph (6), after the word “Act” insert the words “or who is a pilot scheme provider, or a director, officer or employee of a pilot scheme provider, or who performs or assists in performing personal medical services under a pilot scheme”.
Amendment of regulation 9 of the principal Regulations
4
Regulation 9 of the principal Regulations (determination of controlled locality), is amended as follows —
a
in paragraph (6), after the words “general medical services” insert the words “or personal medical services”; and
b
in paragraph (7), after the words “general medical services” insert the words “or personal medical services”.
Amendment of regulation 11 of the principal Regulations
5
Regulation 11 of the principal Regulations (applications for inclusion in pharmaceutical lists in respect of controlled localities) is amended as follows —
a
in paragraph (1)(b), after the words “pharmaceutical services” insert the words “or dispensing services”; and
b
in paragraph (2)(b), after the words “pharmaceutical services” insert the words “or dispensing services”.
Amendment of regulation 12 of the principal Regulations
6
Regulation 12 of the principal Regulations (determination of applications in respect of controlled localities), is amended as follows —
a
in paragraph (1), after the words “pharmaceutical list” insert —
i
in sub-paragraph (c), the words “, or in Part 2 of the dispensing doctor list,”, and
ii
in sub-paragraph (d), the words “, or in Part 2 of whose dispensing doctor list,”;
b
in paragraph (2)(c), after the words “pharmaceutical list” insert the words “, or in Part 2 of its dispensing doctor list”;
c
after paragraph (2), insert —
2A
Where paragraph (1) or (2) requires a notice to be sent to a person whose name is included in Part 2 of the dispensing doctor list, and that person is not a pilot scheme provider, a notice shall also be sent to the pilot scheme provider under the relevant pilot scheme.
;
d
in paragraph (10), after the word “Act” insert the words “or who is a pilot scheme provider or a director, officer or employee of a pilot scheme provider or who performs or assists in performing personal medical services under a pilot scheme”;
e
in paragraph (13), in each of sub-paragraphs (a) and (c), after the words “general medical services” insert the words “, personal medical services, dispensing services”;
f
in paragraph (14), after the words “general medical services” insert the words “or personal medical services”;
g
in paragraph (15), after the words “general medical services” insert the words “, or personal medical services”, and
h
in paragraph (17), in sub-paragraph (a) after the words “that regulation” and in sub-paragraph (b)(i) after the words “regulation 21” insert in each case the words “or any corresponding provision of directions relating to dispensing services”.
Amendment of regulation 13 of the principal Regulations
7
In regulation 13 of the principal Regulations (appeals in connection with determinations under regulation 12), in paragraph (2)(a), after the words “pharmaceutical list” insert the words “, or in Part 2 of the dispensing doctor list”; and before the words “and who submitted” insert the words “(and also any person to whom a copy of the application was sent under regulation 12(2A))”.
Amendment of regulation 19 of the principal Regulations
8
In regulation 19 of the principal Regulations (provision of pharmaceutical services for immediate treatment or personal administration), for the words “A doctor — ” substitute the words “A doctor whose name is included in a medical list — ”.
Amendment of regulation 20 of the principal Regulations
9
1
Regulation 20 of the principal Regulations (arrangements for provision of pharmaceutical services by doctors) is amended as follows.
2
In paragraph (1), after “included” insert “or a doctor falling within paragraph (1A)”.
3
After paragraph (1), insert —
1A
A doctor falls within this paragraph if —
a
he performs personal medical services under a pilot scheme to which the Health Authority is a party;
b
his name was included in the medical list of the Health Authority immediately before he started to perform personal medical services (whether under that pilot scheme or under another pilot scheme to which the Health Authority was also a party);
c
the pilot scheme provides for him to have a doctor’s list, and the patient is included in that list; and
d
by virtue of the pilot scheme, any services of the kind referred to in this regulation provided to persons who receive personal medical services under the scheme are to be carried out under these Regulations as pharmaceutical services rather than as dispensing services under the pilot scheme.
.
4
After paragraph (2) insert —
2A
In paragraphs (2) and (4), in relation to a doctor who falls within paragraph (1A) —
a
references to his partner are to any other doctor who also performs personal medical services under the same pilot scheme; and
b
references to a practice include the doctors who collectively carry on a practice by way of performing personal medical services under a pilot scheme.
.
5
In paragraph (5), after “list” insert “(or, in the case of a doctor falling within paragraph (1A), his doctor’s list)”.
6
In paragraph (8), at the end insert “or, in the case of a doctor falling within paragraph (1A), in accordance with the requirements of the pilot scheme”.
7
In paragraph (10), at the end insert “whether under the Medical Regulations or, in the case of a doctor falling within paragraph (1A), under the pilot scheme”.
Doctors who previously performed personal medical services
10
After regulation 21 of the principal Regulations insert —
Doctors who previously performed personal medical services
21A
1
This regulation applies to a doctor —
a
whose name is included in the medical list;
b
who immediately before the inclusion of his name in that list satisfied the requirements of paragraphs (a) and (b) of regulation 20(1A);
c
who, when his name was included in the medical list as mentioned in regulation 20(1A)(b), was authorised or required under regulation 20 to provide pharmaceutical services to any patient, or had been granted outline consent under regulation 21; and
d
who then provided dispensing services under a pilot scheme to any person who received personal medical services under that pilot scheme.
2
A doctor to whom this regulation applies shall be treated as being required or authorised under regulation 20 to provide pharmaceutical services to any patient to whom immediately before his rejoining the medical list he provided dispensing services under the pilot scheme and who wishes him to continue to provide such services.
3
In relation to a doctor to whom this regulation applies, regulation 21 shall have effect as if —
a
the reference in regulation 21(3)(a) to regulation 20 included a reference to any corresponding provision of a pilot scheme; and
b
the reference in regulation 21(3)(b) to an arrangement included a corresponding arrangement made pursuant to a pilot scheme.
.
Dispensing doctor lists
11
After the regulation 21A inserted by regulation 10, insert the following new regulation —
Dispensing doctor lists
21B
1
Subject to paragraph (2), a Health Authority shall prepare and publish a list, to be called the dispensing doctor list, of the names of those doctors authorised or required by the Health Authority under regulation 20 to provide pharmaceutical services to their patients and who are actually doing so (below referred to as “dispensing doctors”).
2
The dispensing doctor list shall be divided into two parts as follows —
a
Part 1 shall contain the names of those dispensing doctors whose names are included in the Health Authority’s medical list; and
b
Part 2 shall contain the names of those dispensing doctors whose names are not included in the Health Authority’s medical list but who perform personal medical services in the Health Authority’s area.
3
The dispensing doctor list shall indicate —
a
in respect of any doctor whose name is included in Part 1, the address of his practice premises; and
b
in respect of any doctor whose name is included in Part 2, the address of the place specified in the pilot scheme as the place at which the doctor will normally be available during normal hours to perform personal medical services.
4
For the purposes of paragraph (3) —
a
“practice premises” has the same meaning as in regulation 2(1) of the Medical Regulations ; and
b
“normal hours” means those days and times specified in a pilot scheme as the days on which and times at which a doctor will normally be available to perform personal medical services.
.
21C
1
A Health Authority shall remove the name of a doctor from its dispensing doctor list when —
a
the doctor has died; or
b
the doctor is no longer providing general medical services or (as the case may be) performing personal medical services; or
c
more than 12 months have elapsed since the doctor last provided pharmaceutical services pursuant to the authorisation or requirement to provide such services given by the Health Authority under regulation 20.
.
Amendment of regulation 22 of the principal Regulations
12
Regulation 22 of the principal Regulations (publication of particulars) shall be amended as follows —
a
in paragraph (1), omit the word “and” at the end of sub-paragraph (d), and at the end of sub-paragraph (e) , insert —
and
f
its dispensing doctor list;
; and
b
in paragraph (3) —
i
after the words “pharmaceutical list” insert the words “and of its dispensing doctor list”, and
ii
for the words “in the pharmaceutical lists,” substitute the words “in either of those lists,”.
Amendment of Schedule 2 to the principal Regulations
13
1
Part III of Schedule 2 to the principal Regulations (terms of service for dispensing doctors) is amended as follows.
2
In paragraph 13, after sub-paragraph (2) insert —
3
In relation to a doctor falling within regulation 20(1A), sub-paragraph (1) shall have effect as if “paragraph 41” were substituted for “paragraphs 38 to 42”, and sub-paragraph (2) shall not apply.
.
3
After paragraph 14 insert —
15
1
In relation to a doctor who —
a
falls within regulation 20(1A); and
b
is authorised or required by a Health Authority under regulation 20 to provide drugs or appliances to a person,
the complaints procedure established and operated in accordance with Directions under section 6(1) of the 1997 Act as to complaints procedures for pilot schemes shall apply in relation to any matter reasonably connected with his provision of pharmaceutical services to that person, as it applies as respects his performance of personal medical services.
2
Accordingly, any requirement imposed by virtue of such Directions on a person providing personal medical services under the 1997 Act as to co-operation with any investigation of a complaint by the Health Authority also applies in relation to complaints about such matters.
.
Frank Dobson
One of Her Majesty’s Principal Secretaries of State
Department of Health
11th March 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Berwick-upon-Tweed (Electoral Changes) Order 1998.
2
This Order shall come into force for all purposes on 6th May 1999, except that for the purpose of all proceedings preliminary or relating to an election to be held on or after that date this Order shall come into force on 10th October 1998.
3
In this Order–
“the borough” means the borough of Berwick-upon-Tweed;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to “the map” is a reference to the map prepared by the Department of the Environment, Transport and the Regions, marked “Map of the Borough of Berwick-upon-Tweed (Electoral Changes) Order 1998”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and any reference to a numbered sheet is a reference to a sheet of the map which bears that number.
Wards of Berwick-upon-Tweed
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into seventeen wards which shall bear the names set out in column (1) of the Schedule.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes, or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or other similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Chatton
3
1
The parish of Chatton shall be divided into two parish wards which shall bear the names Chatton and Hetton and the wards shall comprise the areas designated on sheets 13, 14 and 15 by reference to the name of the ward and demarcated by orange lines.
2
The number of councillors to be elected for the Chatton and Hetton parish wards shall be six and three respectively.
Wards of the parish of Kyloe
4
1
The parish of Kyloe shall be divided into two parish wards which shall bear the names of Berrington and Kyloe and each parish ward shall comprise the areas designated on sheets 11 and 12 by reference to the name of the ward and demarcated by orange lines.
2
The number of councillors to be elected for the Berrington and Kyloe parish wards shall be one and six respectively.
Numbers of parish councillors
5
1
The number of councillors to be elected for the parish of Ancroft shall be eleven.
2
The number of councillors to be elected for the Duddo and Twizel wards of the parish of Duddo shall be three and two respectively.
3
The number of councillors to be elected for the parish of Horncliffe shall be eight.
4
The number of councillors to be elected for the parish of Wooler shall be ten.
Revocation
6
The Borough of Berwick-upon-Tweed (Electoral Arrangements) Order 1975 is hereby revoked.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
21st September 1998


text:
Citation and commencement
1
This Order may be cited as the Amusement Machine Licence Duty (Monetary Amounts) Order 1998 and shall come into force on 1st October 1998.
Amendment
2
Paragraphs (a), (b) and (c) of Article 4(2) of the Betting and Gaming Duties Act 1981 (Monetary Amounts) Order 1995 shall be omitted.
Interpretation
3
In this Order, “ the Act ” means the Betting and Gaming Duties Act 1981.
Amusement machine licence duty
4
Paragraph 2 of Schedule 4 to the Act shall have effect as if–
a
for the amount specified in sub-paragraph (2)(a) there were substituted “30p”;
b
for the amounts specified in sub-paragraphs (2)(b)(i) and (4) there were substituted, in each case, “£5”; and
c
for the smaller amount specified in sub-paragraph (2)(b)(iii) there were substituted“£5” .
New King’s Beam House 22 Upper Ground London SE1 9PJ
D. J. Howard
Commissioner of Customs and Excise
28th July 1998


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


text:
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 1998 and shall come into force on 11th September 1998.
2
The Motor Vehicles (Driving Licences) Regulations 1996 shall be amended as provided in regulations 3 to 6 below.
3
1
Regulation 21 shall be amended as follows.
2
In paragraph (1), for sub-paragraph (d) there shall be substituted —
d
a person appointed by a chief officer of police, for the purpose of testing —
i
members of the police force of which he is the chief officer and persons employed by the police authority for the same police area for the purpose of assisting that force, and
ii
members of another police force and persons employed by a police authority for another police area for the purpose of assisting that force.
.
3
After paragraph (3) there shall be inserted —
3A
In the case of an application made by a chief officer of police for the purposes of sub-paragraph (d) of paragraph (1), the licensing authority may grant his approval under paragraph (3) in respect of the testing of all the persons mentioned in that sub-paragraph or only in respect of the testing of the persons mentioned in paragraph (i) thereof.
.
4
In paragraph (6), after “regulation 22”, there shall be inserted —
“chief officer of police”, “police area” and “police authority” have the meanings given in section 101(1) of the Police Act 1996 ;
.
4
1
Regulation 22 shall be amended as follows.
2
In paragraph (1), for sub-paragraph (c) there shall be substituted —
c
a person appointed by a chief officer of police, for the purpose of testing —
i
members of the police force of which he is the chief officer and persons employed by the police authority for the same police area for the purpose of assisting that force, and,
ii
members of another police force and persons employed by a police authority for another police area for the purpose of assisting that force.
.
3
After paragraph (3) there shall be inserted —
3A
In the case of an application made by a chief officer of police for the purposes of sub-paragraph (c) of paragraph (1), the licensing authority may grant his approval under paragraph (3) in respect of the testing of all the persons mentioned in that sub-paragraph or only in respect of the testing of the persons mentioned in paragraph (i) thereof.
.
5
1
Regulation 45 shall be amended as follows.
2
In paragraph (1)(a), after “certificate” there shall be inserted “(a “test pass certificate”)”.
3
For paragraph (5) there shall be substituted —
5
A person authorised to conduct practical or unitary tests by virtue of sub-paragraphs (b), (c), (d), (e), (f) or (g) of regulation 21(1) or regulation 21(2)(b) shall issue test pass certificates using the forms supplied by the licensing authority and the licensing authority may make a charge —
a
in the case of forms supplied to a person authorised under regulation 21(1)(b) or (2)(b), of £2.43 per form, and
b
in the case of forms supplied to any other person, of £15 per form.
.
6
In regulation 68, after paragraph (8), there shall be inserted —
8A
Diabetes requiring insulin treatment is prescribed for the purposes of section 92(4)(b) in the case of a person who —
a
is an applicant for a licence authorising the driving of vehicles in sub-category C1 or C1+E (8.25 tonnes),
b
held such a licence on 31st December 1996, and
c
satisfies the Secretary of State that since commencing treatment with insulin, and whilst in employment for the purpose, he has had sufficient recent experience in the driving of vehicles in sub-category C1 or C1+E (8.25 tonnes) to make practicable an assessment of the risk posed by his driving vehicles of those classes,
provided that he satisfies the conditions mentioned in paragraph (8B).
8B
The conditions referred to in paragraph (8A) are that —
a
the Secretary of State was aware on 31st December 1997 that he suffered from that disability;
b
he has experienced no hypoglycaemic episodes while driving,
c
he makes an arrangement to undergo at intervals of not more than 12 months an examination by a hospital consultant specialising in the treatment of diabetes and so far as is reasonably practicable conforms to that arrangement,
d
his application is supported by a report from such a consultant sufficient to satisfy the Secretary of State that he has a history of responsible diabetic control with a minimal risk of incapacity due to hypoglycaemia during his normal working hours,
e
he regularly monitors his condition while employed in driving vehicles in sub-category C1 or C1+E (8.25 tonnes), and
f
the licensing authority is satisfied that the driving of such a vehicle in pursuance of the licence is not likely to be a source of danger to the public.
.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Larry Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
14th August 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of South Hams (Electoral Changes) Order 1998.
2
This Order shall come into force for all purposes on 6th May 1999, except that for the purpose of all proceedings preliminary or relating to an election to be held on or after that date it shall come into force on 10th October 1998.
3
In this Order–
“the district” means the district of South Hams;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to “the map” prepared by the Department of the Environment, Transport and the Regions, marked “Map of the District of South Hams (Electoral Changes) Order 1998”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of South Hams
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into thirty wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes, or parishes and parish wards, or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or other similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Totnes
3
1
The existing wards of the parish of Totnes shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Berry Pomeroy Parish
4
1
The parish of Berry Pomeroy shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3.
2
Each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in column (3) of that Schedule.
South Brent Parish
5
1
The parish of South Brent shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 4.
2
Each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in column (3) of that Schedule.
Wards of the Parish of Ivybridge
6
1
The existing wards of the parish of Ivybridge shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Ivybridge Farm, Ivybridge Woodlands, Ivybridge Central and each parish ward shall comprise the area of the ward of the district bearing the same name.
3
The number of councillors to be elected for Ivybridge Filham, Ivybridge Woodlands and Ivybridge Central parish wards shall be six, six and three respectively.
Wards of the Parish of Kingsbridge
7
1
The parish of Kingsbridge shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 5.
2
Each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in column (3) of that Schedule.
Wards of the Parish of Dartmouth
8
1
The existing wards of the parish of Dartmouth shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 6; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule and the number of councillors to be elected for each ward shall be the number specified in column (3) of that Schedule.
Sparkwell Parish
9
The number of councillors to be elected for the Sparkwell parish shall be eleven.
Stokenham Parish
10
The number of councillors to be elected for the Stokenham parish shall be thirteen.
Revocation
11
The District of South Hams (Electoral Arrangements) Order 1977 is hereby revoked.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
6th October 1998


text:
Title, commencement and interpretation
1
1
This Order, which supersedes the Land Registration (District Registries) Order 1997 , may be cited as the Land Registration (District Registries) Order 1998 and shall come into force on 2nd March 1998.
2
In this Order, unless the context otherwise requires:
“district land registry” means a district registry of the Land Registry within the meaning of section 132 of the Land Registration Act 1925;
“the Schedule” means the Schedule to this Order.
District Land Registries
2
1
The name of the Nottingham District Land Registry shall be changed to the Nottingham (East) District Land Registry.
2
Subject to the change of name effected by paragraph (1), there shall continue to be district land registries bearing the names specified in column 1 in Part I of the Schedule.
3
There shall be a new district land registry bearing the name specified in column 1 in Part II of the Schedule.
4
a
The district of each district land registry shall comprise before 1st April 1998 the administrative areas specified opposite its name in column 2 in Part I or, as the case may be, Part II of the Schedule.
b
The district of each district land registry shall comprise on and from 1st April 1998 to 4th May 1998 inclusive the administrative areas specified opposite its name in column 3 in Part I or, as the case may be, Part II of the Schedule.
c
The district of each district land registry shall comprise on and from 5th May 1998 to 4th October 1998 inclusive the administrative areas specified opposite its name in column 4 in Part I or, as the case may be, Part II of the Schedule.
d
The district of each district land registry shall comprise on and from 5th October 1998 the administrative areas specified opposite its name in column 5 in Part I or, as the case may be, Part II of the Schedule.
Irvine of Lairg, C.
Dated 14th January 1998
We concur,
Jim Dowd
Jon Owen Jones
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 23rd January 1998


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


text:
Citation and commencement
1
This Order may be cited as the Air Carrier Liability Order 1998 and shall come into force on 17th October 1998.
Interpretation
2
In this Order —
“Council Regulation” means Council Regulation ( EC ) No. 2027/97 of 9th October 1997 on air carrier liability in the event of accidents ;
“non-Community air carrier” means an air carrier established outside the Community operating to, from or within the Community; and
other expressions have, in so far as the context admits, the same meaning as in the Council Regulation.
Amendments
3
The Carriage by Air Act 1961 shall be amended as follows:
1
After section 1(1) there shall be inserted the following subsection —
1A
In relation to Community air carriers —
a
in respect of damages up to the equivalent in ecus of 100,000 SDR arising from the death, wounding or other bodily injury suffered by a passenger, the provisions of Article 20 of the Convention; and
b
in respect of damages arising from the death, wounding or other bodily injury suffered by a passenger the provisions of Articles 21 and 22(1) of the Convention,
do not have the force of law in the United Kingdom.
.
2
For section 14(2) there shall be substituted the following:
2
In this Act —
“the Council Regulation” means Council Regulation (EC) No. 2027/97 of 9th October 1997 on air carrier liability in the event of accidents;
“Community air carrier”, “SDR” and “ecu” have the meaning given by Article 2 of the Council Regulation; and
“court” includes (in an arbitration allowed by the Convention) an arbitrator.
.
4
In the Carriage by Air Acts (Application of Provisions) Order 1967 , after article 5A there shall be inserted the following article:
Application of the air carrier liability Regulation
5B
1
In relation to Community air carriers:
a
in respect of damages up to the equivalent in ecus of 100,000 SDR arising from the death, wounding or other bodily injury suffered by a passenger, Article 20 of Part III of Schedule 1 and Article 20(1) of Part B of Schedules 2 and 3 to this Order;
b
in respect of damages arising from the death, wounding or other bodily injury suffered by a passenger Article 21 of Part III of Schedule 1 and of Part B of Schedules 2 and 3 to this Order; and
c
in respect of damages arising from the death, wounding or other bodily injury suffered by a passenger Article 22(1) of Part III of Schedule 1 and of Part B of Schedules 2 and 3 to this Order,
do not have the force of law in the United Kingdom.
.
5
In the Licensing of Air Carriers Regulations 1992 , regulation 11(1)(b) shall be deleted.
Offences
6
1
A Community air carrier which fails to include the provisions contained in Articles 3 and 5 of the Council Regulation in its conditions of carriage in accordance with Article 6.1 of that Regulation shall be guilty of an offence.
2
A Community air carrier which fails to ensure that:
a
the information required to be made available on request to passengers by paragraph 2 of Article 6 of the Council Regulations is so made available; or
b
its ticket document or an equivalent contains the summary of the requirements contained in Articles 3 and 5 of the Council Regulation as required by paragraph 2 of Article 6 of that Regulation,
shall be guilty of an offence unless it proves that the failure to do so occurred without its consent or connivance and that it exercised all due diligence to prevent the failure.
3
A non-Community carrier which does not apply the provisions in Articles 3 and 5 of the Council Regulation and which fails to ensure that the information or the form required to be provided to passengers by paragraph 3 of Article 6 of the Council Regulation is so provided shall be guilty of an offence unless it proves that the failure to do so occurred without its consent or connivance and that it exercised all due diligence to prevent the failure.
7
1
A person guilty of an offence under this Order shall be liable —
a
on summary conviction, to a fine not exceeding level 5 on the standard scale, and
b
on conviction on indictment, to a fine.
2
Where an offence under these Regulations has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate or any such person who was purporting to act in such capacity, he, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against and punished accordingly.
3
Where the affairs of a body corporate are managed by its members, paragraph (2) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
4
Where a Scottish partnership is guilty of an offence under these Regulations in Scotland and that offence is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a partner, he, as well as the partnership, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
N.H. Nicholls
Clerk of the Privy Council


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Lake District) 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 (Lake District) 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 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;
“fell” means land which is covered by semi-natural upland vegetation and is generally unenclosed except along ownership boundaries;
“heather fell” means fell comprised in a grazing unit where the area of heather is greater than 25 hectares or represents more than 25 per cent of the area of the unit;
“heather” means common heather ( calluna vulgaris ), and includes common heather growing in association with other ericaceous dwarf shrub species;
“inbye land” means enclosed grassland which has not been ploughed, levelled, drained or reseeded for at least ten years and which is subject to regular treatment with fertilisers, used for pasture or for the production of hay or silage;
“intake land” means enclosed land used exclusively for grazing, most of which has not been regularly ploughed, levelled, drained or treated with fertilisers, lime, slag or pesticides;
“management activity” means an activity specified in Schedule 2;
“meadowland” means grassland primarily used for the production of hay or silage;
“pasture” means enclosed grassland that is not normally ploughed or reseeded within a period of ten years, is used for the production of pasture and is subject to regular inputs of fertiliser;
“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;
“wetland” means land which is subject to regular flooding or which is waterlogged for the greater part of the year; 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 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, 4 and 5.
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:
Citation and commencement
1
This Order may be cited as the National Crime Squad (Senior Police Members) (Appeals) Order 1998 and shall come into force on 1st April 1998.
Interpretation
2
In this Order:
“the 1997 Act ” means the Police Act 1997;
“disciplinary hearing” means a hearing pursuant to provisions made in regulations under section 81 of the 1997 Act;
“ NCIS ” means the National Criminal Intelligence Service established under section 2 of the 1997 Act;
“ NCS appeals tribunal” means a tribunal established under article 6 of this Order;
“NCS Service Authority” means the Service Authority established under section 47 of the 1997 Act;
“NCS service fund” means the fund maintained by the NCS Service Authority under section 61 of the 1997 Act;
“National Crime Squad” means the National Crime Squad established under section 48 of the 1997 Act;
“police force” means a force maintained under section 2 of the Police Act 1996 , and
“member of a police force” shall be construed accordingly;
“referred matter” means a matter referred to the Police Complaints Authority pursuant to regulations made under section 83 of the 1997 Act;
“senior police member” means the Director General and persons appointed under section 55(2)(a) of the 1997 Act as police members of the National Crime Squad.
PART I
APPEALS AGAINST DISMISSAL, ETC.
Appeals against dismissal etc.
3
1
A senior police member of the National Crime Squad who is dismissed or required to resign by a decision taken in proceedings under regulations made in accordance with section 81 of the 1997 Act may appeal to an NCS appeals tribunal against the decision except where he has a right of appeal to some other person; and in that case, he may appeal to an NCS appeals tribunal from any decision of that other person as a result of which he is dismissed or required to resign.
2
Where an NCS appeals tribunal allow an appeal it may, if it considers it appropriate to do so, make an order dealing with the appellant in a way —
a
which appears to the tribunal to be less severe than the way in which he was dealt with by the decision appealed against, and
b
in which he could have been dealt with by the person who made that decision.
Effect of orders
4
1
Where an appeal is allowed, the order shall take effect by way of substitution for the decision appealed against, and as from the date of that decision or, where that decision was itself a decision on appeal, the date of the original decision appealed against.
2
Where the effect of the order made by the NCS appeals tribunal is to reinstate the appellant as a senior police member of the National Crime Squad, he shall, for the purpose of reckoning service for pension and, to such extent (if any) as may be determined by the order, for the purpose of pay, be deemed to have served in the National Crime Squad continuously from the date of the original decision to the date of his reinstatement.
3
Where the effect of the order made by the NCS appeals tribunal is to reinstate the appellant as a senior police member of the National Crime Squad and he was suspended for a period immediately preceding the date of the original decision or any subsequent decision, the order shall deal with the suspension.
Costs
5
1
An appellant shall pay the whole of his own costs unless the NCS appeals tribunal directs that the whole or any part of his costs are to be defrayed out of the NCS service fund.
2
Subject to sub-paragraph (1), all the costs and expenses of an appeal under this Order, including the costs of the respondent and any remuneration or expenses paid by virtue of article 7, shall be defrayed out of the NCS service fund.
PART II
CONSTITUTION OF TRIBUNAL, ETC.
Membership of an NCS appeals tribunal
6
1
In any appeal under article 3, the NCS appeals tribunal shall consist of three members appointed by the Secretary of State, of whom —
a
one shall be a person chosen from a list of persons who have a seven year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 and have been nominated by the Lord Chancellor for the purpose of this Order;
b
one shall be a member of a police authority who is not a member of the NCS Service Authority; and
c
one shall be a person who —
i
is (or has within the previous five years been) an inspector of constabulary, or
ii
has within the previous five years been (and is no longer) the Commissioner of Police of the Metropolis.
2
The member of the NCS appeals tribunal to whom sub-paragraph (1)(a) applies shall be the Chairman.
Remuneration and expenses
7
Members of the NCS appeals tribunal shall be —
a
paid such remuneration, and
b
reimbursed for such expenses,
as the Secretary of State may determine.
PART III
PROCEDURE
Respondent
8
On any appeal under article 3 the respondent shall be the NCS Service Authority.
The Registrar
9
1
For the purposes of this Order, the Registrar means an officer or member (not being a police member) of the NCS Service Authority who is appointed by the Authority to perform the functions of the Registrar specified in this Order in relation to any appeal brought by a senior police member of the National Crime Squad under article 3.
2
Subject to article 10(3), on receipt of a notice of appeal by a senior police member of the National Crime Squad the Registrar shall forthwith request the Secretary of State to appoint the members of the NCS appeals tribunal which shall determine the appeal in accordance with this Order.
3
The Secretary of State shall inform the Registrar, as soon as he has made the required appointments, of the names and addresses of the members of the tribunal whom he has appointed.
4
The Registrar shall keep a register (“the NCS Appeals Tribunal Register”) of all appeals brought by senior police members of the National Crime Squad under article 3.
5
Any functions of the Registrar specified in this Order may be performed by another officer or member (not being a police member) of the National Crime Squad who is appointed by the NCS Service Authority to act as an assistant to the Registrar.
Notice of Appeal
10
1
An appeal under article 3 shall be made by the appellant giving the Registrar written notice of appeal, in the form set out in the Schedule to this Order or a form to the like effect.
2
The notice of appeal shall be given within the period of 21 days beginning with the day on which the appellant was notified in writing of the relevant decision and in this and paragraph (5) the expression “relevant decision” means the decision as to finding or punishment or both, as the case may be, in relation to the disciplinary charge which was preferred against the appellant, except that where there is a right of appeal from such decision to some other person it means the decision of that other person.
3
Where an application is made by the appellant to extend the period for giving notice of appeal the Registrar shall request the Secretary of State to appoint a person who satisfies the requirements of article 6(1)(a), who shall determine whether it is just and right to extend the period for giving notice of appeal and shall notify the appellant of his decision which shall be final.
4
If the appellant does not annex to the notice of appeal all the written statements in paragraphs 5, 6 and 7 thereof (hereinafter referred to as “the supporting statements”), he shall supply the Registrar with the statements not annexed to the notice of appeal within the period of 50 days beginning with the day on which he was notified in writing of the relevant decision; and, if he fails to do so, the Registrar shall be entitled to treat the notice of appeal as withdrawn and no further action in connection with the appeal shall be taken.
5
Where the period for giving notice of appeal is extended the period for serving the supporting statements in accordance with paragraph (4) shall be calculated as if the decision under paragraph (3) was the “relevant decision”.
6
The appellant shall send a copy of the notice of appeal and of the supporting statements to the respondent at the same time as they are sent to the Registrar.
7
Where the Registrar is satisfied, on the application of the appellant, that by reason of the special circumstances of the case it is just and right to do so, he may extend the period mentioned in paragraph (4) and, in such case, paragraph (4) shall have effect as if for the period in question there were substituted such extended period as he may specify.
8
Following receipt of the notice of appeal and supporting statements, the Registrar shall
a
enter particulars of the appeal in the NCS Appeals Tribunal Register;
b
when he has been notified of the names and addresses of the members of the tribunal, provide each member with a copy of the notice of appeal and the supporting statements.
Statement by respondent
11
1
The respondent shall, not later than 21 days after the date on which a copy of the notice of appeal and supporting statements are sent to it under article 10(6), send to the Registrar a statement as to whether or not the respondent intends to oppose the appeal and, where it desires to oppose it, as to —
a
the facts and contentions on which it relies and the documentary or other evidence, if any, which it desires to submit;
b
whether it desires to appear at any hearing by a legal or other representative; and
c
whether (unless the appeal is against punishment only), in any such event, the hearing would be one to which article 19 applies and, if so, the name and address of the complainant within the meaning of that article.
2
The respondent shall also send to the Registrar —
a
a copy of the report of the disciplinary hearing; and
b
a copy of the discipline form prepared in connection with the disciplinary hearing.
3
The respondent, if so required by the Registrar on behalf of the Chairman of the tribunal, shall also send him such number of copies as he may require of such papers, reports, records and other documents as the Chairman may specify, by such date as may have been specified in the requirement.
4
The respondent shall send to the appellant —
a
a copy of the statement sent to the Registrar under paragraph (1); and
b
a list of the documents copies of which have been sent to the Chairman in accordance with paragraph (3) together with copies of all such documents save in so far as they have previously been given to the appellant.
5
On receipt of the statement of the respondent and any documents sent under paragraphs (2) and (3) the Registrar shall provide each member of the NCS appeals tribunal with a copy of the statement and those documents.
6
Where, as respects a particular charge, the appeal is against both finding and punishment the Registrar shall, so far as is practicable, withhold so much of the statement in paragraph (1) and documents mentioned in paragraph (3) as appear to him to relate to the appellant’s general character and record of National Crime Squad and police service until the NCS appeals tribunal has reached a decision as to the finding and is about to consider the question of punishment.
7
Where the Registrar is satisfied, on the application of the respondent, that by reason of the special circumstances of the case it is just and right to do so, he may extend the period mentioned in paragraph (1) and, in such case, paragraph (1) shall have effect as if for the period in question there were substituted such extended period as he may specify.
Withdrawal and amendment of notice of appeal, etc.
12
1
At any time before an appeal is decided by the NCS appeals tribunal it may, on written application in that behalf, allow the appellant to withdraw his notice of appeal and, accordingly, where it so allows, no further action in relation to the appeal shall be taken.
2
The appellant shall send a copy of his written application under paragraph (1) to the respondent.
3
The tribunal shall send a copy of its decision on the application under paragraph (1) to the appellant and the respondent.
4
At any time before an appeal is decided the Chairman of the tribunal may, in his discretion and subject to such conditions, if any, as he thinks fit, allow —
a
the appellant to amend his notice of appeal or any of the supporting statements;
b
the respondent to amend his statement under article 11(1) or the documentary material sent to the Registrar in accordance with article 11(3).
5
Any amendments made pursuant to paragraph (4) shall be copied by the amending party to the other party and to the NCS appeals tribunal.
Preliminary consideration by the tribunal
13
Not later than 3 months after the date on which the Registrar received the notice of appeal under article 10, the NCS appeals tribunal shall —
a
consider the parties' statements and any other documents which they have submitted in support of their case; and
b
decide whether —
i
a hearing of the appeal should be held; or
ii
the parties should be notified that the NCS appeals tribunal is minded to determine the appeal without a hearing.
Hearing
14
1
An NCS appeals tribunal may determine a case without a hearing but shall not decide to do so unless both the appellant and the respondent have been afforded an opportunity to make written or, if either so requests, oral representations and any such representations have been considered.
2
Where a hearing is held, the appellant shall have the right to appear by a serving member of a police force, a police member of NCIS or the National Crime Squad, by counsel or a solicitor; and the respondent shall have the right to appear by an officer of the National Crime Squad, by the clerk or other officer of NCS Service Authority, by counsel or a solicitor.
3
Paragraph (2) above shall apply to any hearing of oral representations under paragraph (1).
Notice of hearing
15
1
Where the NCS appeals tribunal decides that there should be a hearing of the appeal, the Registrar shall, with due regard to the convenience of the parties, fix the time and place for the hearing and, not less than 28 days before the date so fixed (or such shorter time as the parties may agree), to send to each party a notice that the hearing is to be at such time and at such place.
2
The hearing of the appeal shall be fixed so as to commence not later than 6 months after the date on which the Registrar received the notice of appeal under article 10, unless the Chairman of the tribunal is satisfied that by reason of the special circumstances of the case it is just and right to extend that period and in such case the appeal shall be fixed so as to commence within such extended period as the Chairman may specify.
3
The Registrar shall include with the notice of hearing —
a
information and guidance as to attendance at the hearing of the parties and witnesses and the right to be represented as specified in article 14(2);
b
a statement that parties will receive a copy of the report of the tribunal and that this will contain its decision, any direction as to costs, and the reasons for its decision and any direction as to costs; and
c
a statement explaining the possible consequences of non-attendance and of the right of a party who does not attend and is not represented, to make representations in writing.
4
Subject to paragraph (2), the NCS appeals tribunal may alter the time and place of the hearing and the Registrar shall give the parties not less than 7 days (or such shorter time as the parties agree) notice of any such alteration; but any altered hearing date shall not (unless the parties agree) be before the date notified under paragraph (1).
Failure of parties to attend hearing
16
1
If a party fails to attend or be represented at a hearing of which he has been duly notified in terms of article 15, the NCS appeals tribunal may —
a
unless it is satisfied that there is sufficient reasons for such absence, hear and determine the appeal in the party’s absence; or
b
adjourn the hearing.
2
Before deciding to dispose of the appeal in the absence of a party, the NCS appeals tribunal shall consider the party’s statements and any other documents submitted by them in relation to the appeal.
Procedure at the hearing
17
1
Subject to the provisions of this Order —
a
the hearing shall be held in private.
Provided that it shall be within the discretion of the NCS appeals tribunal to allow such person or persons as it considers desirable to attend the whole or such part of the hearing as it thinks fit;
b
the procedure at the hearing shall be determined by the NCS appeals tribunal who shall have the power to hear any new evidence or to re-hear the evidence given at the disciplinary hearing;
c
unless the NCS appeals tribunal otherwise determines, the evidence adduced by the respondent shall be given first;
d
all oral evidence given at the hearing shall be given on oath;
e
all witnesses giving evidence at the hearing shall be subject to examination and cross-examination.
2
A member of the Council on Tribunals shall be entitled to attend the hearing.
3
Any question as to whether any evidence is admissible, or whether any question should or should not be put to a witness, shall be determined by the NCS appeals tribunal.
4
A verbatim record of the evidence given at the hearing shall be taken and kept for a period of not less than seven years from the end of the hearing unless the Chairman of the tribunal requests that a transcription of the record be made.
Statements in lieu of oral evidence
18
1
Subject to the provisions of this article, the NCS appeals tribunal may admit evidence by way of a written statement made by a person, notwithstanding that he may not be called as a witness, so, however, that evidence shall not be admissible thereunder if it would not have been admissible had it been given orally.
2
For the purposes hereof, a written statement purporting to be made and signed by a person and witnessed by another person shall be presumed to have been made by that person unless the contrary be shown.
3
If either of the parties proposes to adduce written evidence in pursuance of this article at a hearing, he shall give the other party a copy of the statement at least 21 days before the date of that hearing and invite that party to agree or object, in writing, to the admission of the statement in evidence without the maker thereof being called as a witness and being available for cross-examination and, if that party, within 14 days from the receipt by him of the copy of the statement has so objected, the statement shall only be admitted in evidence if the maker is called and is available as aforesaid:
Provided that if the parties in writing agree in the case of a particular statement, this paragraph shall have effect in relation to that statement as though —
the reference to a period of 21 days were a reference to such shorter period as they may agree;
the reference to a period of 14 days were a reference to such shorter period, expiring before the date of the hearing, as they may agree.
4
Where, notwithstanding that the other party has not so objected and a written statement has been admitted in evidence without the maker thereof being called and being available as aforesaid, the NCS appeals tribunal is of the opinion that oral evidence should be given, it may request that the maker be called as a witness and, in such cases, unless the maker gives oral evidence, the tribunal shall be entitled to disregard the written evidence.
5
Nothing in this article shall prejudice the admission of written evidence which would be admissible apart from the provisions thereof.
Attendance of complainant at hearing
19
1
This article shall apply in relation to a hearing where the charge as respects which the appeal is brought is in respect of a complaint or referred matter and the appeal is not against punishment only.
2
The Registrar shall cause notice of the date of the hearing to be sent to the complainant, at the same time as such notice is sent to the parties under article 15.
3
Notwithstanding anything in article 17 but subject to paragraph (5), the NCS appeals tribunal shall allow the complainant to attend the hearing while witnesses are being examined, or cross-examined, on the facts alleged in the charge and, if the tribunal considers it appropriate to do so on account of the age of the complainant, or otherwise, it shall allow him to be accompanied by a personal friend or relative who is not to be called as a witness at the hearing:
Provided that —
where the complainant is to be called as a witness at the hearing he and any person accompanying him shall not be allowed to attend before he gives his evidence; and
where it appears to the NCS appeals tribunal that a witness may in giving evidence disclose information which, in the public interest ought not to be disclosed to a member of the public, it shall require the complainant and any person allowed to accompany him to withdraw while that evidence is given.
4
Where the appellant gives evidence, then, after the person representing the NCS Service Authority has had an opportunity of cross-examining him, the Chairman of the tribunal shall put to him any questions which the complainant requests should be so put and might have been properly so put by way of cross-examination and, at his discretion, may allow the complainant himself to put such questions.
5
Subject as aforesaid, the complainant and any person allowed to accompany him shall neither intervene in, nor interrupt the hearing; and if he or such a person should behave in a disorderly or abusive manner, or otherwise misconduct himself, the Chairman of the tribunal may exclude him from the remainder of the hearing.
Report of the tribunal
20
1
Subject to paragraphs (3) and (4), the NCS appeals tribunal shall determine the appeal —
a
where no hearing has been held, after consideration of any representations made by virtue of article 14(1); or
b
where a hearing has been held, either at the end of the hearing or, where the NCS appeals tribunal reserves its decision, at a later date.
2
The decision of the NCS appeal tribunal may be taken by a majority and the Chairman shall record whether the decision was unanimous or taken by a majority.
3
The decision of the NCS appeals tribunal shall be made —
a
where no hearing has been held pursuant to article 14(1), not later than 6 months after the date on which the Registrar received the notice of appeal under article 10; or
b
where a hearing has been so held, not later than one month after the end of the hearing.
4
Where a decision cannot be made within the relevant period mentioned in paragraph (3) by reason of any member of the tribunal being incapable of carrying out his duties —
a
the time limit specified in paragraph (3) shall not apply; and
b
in such a case the decision of the tribunal shall be made as soon as reasonably practicable.
5
The decision of the NCS appeals tribunal shall be recorded not later than 7 days after the date on which it is made in a document which shall contain —
a
the terms of the order made by the tribunal in determining the appeal including any direction as to costs; and
b
a statement of the reasons for the decision, including the reasons for any direction as to costs
and shall be signed and dated by the Chairman of the tribunal who shall send it to the Registrar.
6
The Registrar shall forthwith send a copy of the document to each party.
7
The Registrar shall send a copy of the document to the Secretary of State.
8
The Registrar shall enter particulars of the decision in the NCS Appeals Tribunal Register.
9
Where the decision appealed against arose from a complaint, the Registrar shall inform the complainant of the finding of the tribunal.
Irregularities
21
1
Any irregularity resulting from a failure to comply with any provision of this Part of the Order or of any direction of the NCS appeals tribunal shall not of itself render the proceedings void.
2
Where any irregularity comes to the attention of the NCS appeals tribunal, it may, and shall if it considers that a party may have been prejudiced by that irregularity, give such directions to cure or waive the irregularity as it thinks just before reaching its decision.
3
Clerical mistakes in any document regarding a direction or decision of the Chairman or of the tribunal or errors arising in such a document from an accidental slip or omission may be corrected by the Chairman by certificate under his hand.
Alun Michael
Minister of State
Home Office
9th March 1998