text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Medical Act 1983 (Approved Medical Practices and Conditions of Residence) and National Health Service (General Medical Services) (Amendment) Regulations 1998 and shall come into force on 31st July 1998.
2
In regulations 2 and 3, “ PRHO ” means a person engaged in employment under section 10 of the Medical Act 1983 in an approved medical practice.
3
These Regulations extend to England and Wales only.
Medical Practices qualifying for approval
2
1
In this regulation–
a
“General Practice ( GP ) Registrar” has the meaning assigned to it in regulation 2(1) of the National Health Service (General Medical Services) Regulations 1992 ; and
b
“training practitioner” means a practitioner falling within regulation 7(1) of the National Health Service (Vocational Training for General Medical Practice) Regulations 1997 .
2
The following description of medical practice is prescribed for the purposes of section 11(4) of the Medical Act 1983–
a
the practice includes at least one doctor who is a training practitioner;
b
the training practitioner (or, where there are more than one of them in the practice, the one who is to take training responsibility for the PRHO) has confirmed in writing to the university or other body concerned with the practice’s approval for the purposes of section 10 of the Medical Act 1983, that he is prepared to accept training responsibility for the PRHO;
c
each partner (if any) of the training practitioner has also confirmed in writing to that university or other body his willingness for the training practitioner to undertake training responsibility for a PRHO; and
d
the training practitioner with training responsibility for the PRHO will not at the same time have training responsibility for any other PRHO or for a General Practice (GP) Registrar.
Conditions as to residence
3
1
In this regulation, “practice premises” has the meaning assigned to it in regulation 2(1) of the National Health Service (General Medical Services) Regulations 1992 .
2
For the duration of the time that a PRHO is employed in an approved medical practice the conditions as to residence prescribed for the purposes of section 11(3)(b) of the Medical Act 1983 are that he shall reside in accommodation supplied by the NHS trust hospital approved for his general clinical training pursuant to section 11 of that Act, if that accommodation is situated conveniently near to the practice premises but, if not, that he shall reside in other accommodation conveniently near to the practice premises.
Amendment of the National Health Service (General Medical Services) Regulations 1992
4
1
The National Health Service (General Medical Services) Regulations 1992 are amended as follows.
2
In Schedule 2 (terms of service for doctors), in paragraph 22A –
a
in sub-paragraph (c), at the end insert “or”; and
b
after sub-paragraph (c), add–
d
is a person engaged in employment under section 10 of the Medical Act 1983 in an approved medical practice.
3
In Schedule 12 (information to be included in practice leaflets), after paragraph 20 insert–
21
If a person is, or is likely to be, engaged in employment in the practice under section 10 of the Medical Act 1983, a description of the role of such a person and the arrangements for drawing this to the attention of patients.
Frank Dobson
One of Her Majesty’s Principal Secretaries of State (Department of Health)
9th July 1998


type: legislation

jurisdiction: UK

text:
1
1
This Order may be cited as the School Standards and Framework Act 1998 (Commencement No. 1) Order 1998.
2
In this Order “ the Act ” means the School Standards and Framework Act 1998.
2
The following provisions of the Act shall come into force on 8th August 1998 —
sections 10–12
Schedule 1.
3
The following provisions of the Act shall come into force on 1st September 1998 —
section 13
section 104(1) to (3) and (5) to (7).
Tessa Blackstone
Minister of State,
Department for Education and Employment
7th August 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Lothian Healthcare 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 West Lothian Healthcare 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 West Lothian Healthcare 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 St John’s Hospital, Livingston, and at establishments associated with that hospital, 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 Lothian 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 Lothian 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:
Citation and commencement
1
These Regulations may be cited as the National Health Service (Pilot Schemes for Personal Dental Services: Miscellaneous Provisions and Consequential Amendments) Regulations 1998 and shall come into force on 1st October 1998.
Prescribed function of Health Authorities and Health Boards
2
For the purposes of section 15(1ZA) of the National Health Service Act 1977 (“the 1977 Act ”) and section 2 of the National Health Service (Scotland) Act 1978 (“the 1978 Act ”) it shall be a prescribed function of each Health Authority and Health Board which is a party to a pilot scheme under section 1(1) of the National Health Service (Primary Care) Act 1997 (“the 1997 Act ”) to establish and operate, in accordance with directions given by the Secretary of State under section 9(2) of the 1997 Act and section 17 of the 1977 Act or, as the case may be, section 10(2) of the 1997 Act and section 2 of the 1978 Act, procedures for dealing with complaints about the provision of personal dental services under such a pilot scheme.
Amendment of the National Health Service (General Dental Services) Regulations 1992
3
1
The National Health Service (General Dental Services) Regulations 1992 are amended as follows.
2
In regulation 5A (applications for vocational training numbers) , in paragraph (3)(d), after “Crown” insert “, or has performed personal dental services in connection with a pilot scheme,”.
3
In regulation 8 (removal from a dental list), in paragraph (5) —
a
omit “or” at the end of sub-paragraph (iii) ; and
b
at the end of sub-paragraph (iv) add —
; or
v
the dentist was performing personal dental services in connection with a pilot scheme.
.
4
In regulation 20 (approval of payments), after paragraph (6) add —
7
Where the Board has made a payment to a pilot scheme provider for providing personal dental services to a patient, it shall not make any payment under these Regulations in relation to the same patient to the same pilot scheme provider, or to any dentist performing personal dental services in connection with that pilot scheme, unless the patient has been referred under these Regulations for treatment by way of personal dental services under that pilot scheme.
.
5
In Schedule 1 (terms of service for dentists) —
a
in paragraph 7 (repair or replacement of restorations), after “transferred,” insert “has provided by way of personal dental services in connection with a pilot scheme or”;
b
in each of paragraph 12 (referral to another dentist or to a hospital or other service) and paragraph 18 (referral for occasional treatment), in sub-paragraph (1), after “general dental services” insert “or personal dental services”; and
c
in paragraph 14 (inability of dentist to complete care and treatment), after “control,” insert “or to his taking up the performance of personal dental services in connection with a pilot scheme”.
Amendment of the National Health Service (General Dental Services) (Scotland) Regulations 1996
4
1
The National Health Service (General Dental Services) (Scotland) Regulations 1996 are amended as follows.
2
In regulation 6 (applications for vocational training numbers), in paragraph (3)(d), after “Crown” insert “, or has performed personal dental services in connection with a pilot scheme,”.
3
In regulation 11 (removal from dental list), in paragraph (5) —
a
omit “or” at the end of sub-paragraph (c); and
b
at the end of sub-paragraph (d) add —
, or
e
the dentist was performing personal dental services in connection with a pilot scheme.
.
4
In regulation 23 (approval of payments), after paragraph (6) add —
7
Where the Board has authorised a payment to a pilot scheme provider for providing personal dental services to a patient, it shall not authorise any payment under these Regulations in relation to the same patient to the same pilot scheme provider, or to any dentist performing personal dental services in connection with that pilot scheme, unless the patient has been referred under these Regulations for treatment by way of personal dental services under that pilot scheme.
.
5
In Schedule 1 (terms of service for dentists) —
a
in paragraph 7(1) (repair or replacement of restorations), after “transferred,” insert “has provided by way of personal dental services in connection with a pilot scheme or”;
b
in each of paragraph 12 (referral to another dentist or to a hospital or other service) and paragraph 18 (referral for occasional treatment), in sub-paragraph (1), after “general dental services” insert “or personal dental services”; and
c
in paragraph 14 (inability of dentist to complete care and treatment), after “control”, insert “or to his taking up the performance of personal dental services in connection with a pilot scheme”.
Amendment of the National Health Service (Charges for Drugs and Appliances) Regulations 1989
5
In the National Health Service (Charges for Drugs and Appliances) Regulations 1989 , in the definition of “prescription form” in regulation 2(1) (interpretation), after sub-paragraph (d) add —
e
a dentist performing personal dental services in connection with a pilot scheme under Part I of the National Health Service (Primary Care) Act 1997,
.
Amendment of the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 1989
6
In the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 1989 , in the definition of “prescription form” in regulation 2(1) (interpretation), after “service” insert “, or a dentist performing personal dental services in accordance with a pilot scheme under Part I of the National Health Service (Primary Care) Act 1997,”.
Amendment of the National Health Service (Pharmaceutical Services) Regulations 1992
7
In the National Health Service (Pharmaceutical Services) Regulations 1992 , after regulation 2(1B) (interpretation), add —
1C
In these Regulations the term “pharmaceutical services” includes the provision to persons who are in a Health Authority’s area of listed drugs and medicines which are ordered for those persons by a dental practitioner in pursuance by him of the performance of personal dental services within the meaning of section 1(8) of the 1997 Act.
.
Amendment of the National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995
8
In the National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995 , in regulation 2(1) (interpretation and application), in the definition of “pharmaceutical services” at the end, add —
and includes the provision to persons who are in a Board’s area of listed drugs and medicines which are ordered for those persons by a dental practitioner in pursuance by him of the performance of personal dental services within the meaning of section 1(8) of the National Health Service (Primary Care) Act 1997.
.
Frank Dobson
One of Her Majesty’s Principal Secretaries of State (Department of Health)
10th September 1998


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No. 3 ) (Fees of Solicitors) 1998 and shall come into force on 1st December 1998.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of the Rules of the Court of Session
2
1
Chapter 42 of the Rules of the Court of Session 1994 shall be amended in accordance with the following sub-paragraphs.
2
Omit rule 42.11 (which provides for the addition to accounts of expenses of a sum to cover posts and incidents).
3
In the Table of Fees in rule 42.16 (which lists fees of a solicitor which may be charged between party and party in an account in any cause), in the provisions mentioned in column 1 of the Schedule to this Act of Sederunt, for the amounts respectively specified in column 2 of that Schedule substitute the amounts so specified in column 3.
4
Rule 42.16 shall be further amended as follows
a
in Chapter I —
i
omit the first note to paragraph 1;
ii
in the second note to that paragraph, for the words “fees for revising and adjusting it” substitute “fee for perusing it (whether or not in the course of doing so he revises or adjusts it)”; and
iii
for paragraph 2, substitute —
Copying
2
For the copying of papers by whatever means-
a
where a copy is required to be lodged, or sent, in pursuance of any of rules 4.7, 22.1 and 22.3, such charge as the Auditor may from time to time determine (and he may make different provision for different classes of case); and
b
in any other case, if the Auditor determines (either or both) that-
i
the copying had to be done in circumstances which were in some way exceptional;
ii
the papers which required to be copied were unusually numerous having regard to the nature of the cause,
such charge, if any, as the Auditor considers reasonable (but a charge based on time expended by any person in copying shall not be allowed).
Notes
1
Where a determination is required under sub-paragraph (b), the purpose of copying, the number of copies made and the charge claimed shall be shown in the account.
2
Copying done other than in the place of business of the solicitor shall be shown as an outlay
;
b
in Part I of Chapter III , in paragraph l(b), for the words “£225.00” substitute “£322.40”;
c
in Part IV of Chapter III, in paragraph 2(c), after the word “paragraphs” insert “1A,”; and
d
in Part V of Chapter III —
i
at the beginning insert the following paragraph —
Work before action commences
1A
All work which the Auditor is satisfied has reasonably been undertaken in contemplation of, or preparatory to, the commencement of proceedings £250;
or such lesser sum as in the opinion of the Auditor is justified.
;
ii
in paragraph 1, the word “fee” in the heading shall be omitted and in paragraph (a), after the word “precognitions)”, insert “from commencement”;
iii
in paragraph 2, in the heading, omit the word “fee”;
iv
omit the first note to paragraph 5;
v
in the second note to that paragraph, for the words' “revising and adjusting it” substitute “perusing it (whether or not in the course of doing so he revises or adjusts it)”; and
vi
for paragraph 14 (and the note to that paragraph) substitute, appropriately numbered, the same paragraph and notes as are substituted for paragraph 2 of Chapter I of rule 42.16 by head (a)(iii) of this sub paragraph.
Saving
3
Paragraph 2 does not affect the provisions of Chapter 42 in their application to work done, or outlays incurred, before 1st December 1998.
Rodger of Earlsferry
Lord President I.P.D.
Edinburgh
28th October 1998


text:
Citation, commencement, extent and interpretation
1
1
These Regulations may be cited as the Scheme for Construction Contracts (England and Wales) Regulations 1998 and shall come into force at the end of the period of 8 weeks begining with the day on which they are made (the “commencement date”).
2
These Regulations shall extend only to England and Wales.
3
In these Regulations, “ the Act ” means the Housing Grants, Construction and Regeneration Act 1996.
The Scheme for Construction Contracts
2
Where a construction contract does not comply with the requirements of section 108(1) to (4) of the Act, the adjudication provisions in Part I of the Schedule to these Regulations shall apply.
3
Where —
a
the parties to a construction contract are unable to reach agreement for the purposes mentioned respectively in sections 109, 111 and 113 of the Act, or
b
a construction contract does not make provision as required by section 110 of the Act,
the relevant provisions in Part II of the Schedule to these Regulations shall apply.
4
The provisions in the Schedule to these Regulations shall be the Scheme for Construction Contracts for the purposes of section 114 of the Act.
Signed by authority of the Secretary of State
Nick Raynsford
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
6th March 1998


text:
1
This Order may be cited as the Carriage by Air Acts (Application of Provisions) (Fourth Amendment) Order 1998 and shall come into force on the tenth day after the day on which it is made.
2
The Carriage by Air Acts (Application of Provisions) Order 1967 is hereby amended as follows:
1
In Article 4(a) after “Schedule 2” there shall be inserted “or Schedule 3”.
2
After Article 5 there shall be inserted the following article —
5A
1
Schedule 3 to this Order shall have effect in respect of carriage to which this Order applies, being carriage which is international carriage as defined in that Schedule.
2
Section 2 of the Act of 1961 shall apply to such carriage as aforesaid with the following modifications to subsection (1):
a
For “Convention” where it first appears there shall be substituted “Warsaw Convention as amended by Additional Protocol No. 1 of Montreal 1975 ”;
b
For “at the end of the Convention as set out in the First Schedule to this Act” there shall be substituted “to the Warsaw Convention”.
3
Section 8 of the Act of 1961 shall apply to such carriage as aforesaid, with the following adaptations and modifications:
a
For “Convention” where it first appears there shall be inserted “Warsaw Convention as amended by Additional Protocol No. 1 of Montreal 1975”;
b
The words “as set out in the First Schedule to this Act” shall be omitted;
c
The reference to “the said Schedule” shall be construed as a reference to the amended Convention as applied by Schedule 3 to this Order.
.
3
In Part A of Schedule 2 —
a
in paragraph 3(7), for the word “goods” there shall be substituted the word “cargo”;
b
after paragraph 3(10) there shall be inserted the following sub-paragraph: —
10A
Article 15(3) shall not apply.
;
c
after paragraph 3(14) there shall be inserted the following sub-paragraph: —
14A
Article 25A shall not apply.
.
4
In Part B of Schedule 2 Articles 15(3) and 25A shall be omitted.
5
After Schedule 2 there shall be inserted the following Schedule —
SCHEDULE 3
Article 5A
International carriage under the Warsaw Convention as amended by Additional Protocol No. 1 of Montreal 1975;
PART A
1
The amended Convention and the Guadalajara Convention shall apply in respect of carriage which is “international carriage” as defined in paragraph 2 of this part of this Schedule, with the exceptions, adaptations and modifications set forth in paragraphs 3 and 4.
2
For the purposes of Article 5A of this Order and of this Schedule “international carriage” shall have the meaning assigned to it by paragraph 3(2) of this part of this Schedule.
3
The amended Convention shall apply to international carriage as aforesaid, with the following exceptions, adaptations and modifications: —
1
For “Convention”, wherever it appears, there shall be substituted “Schedule”.
2
The following shall be substituted for Article 1(2):
2
“International carriage” means any carriage in which, according to the contract made by the parties, the place of departure and the place of destination, whether or not there be a break in the carriage or a transhipment, are situated either within the territories of two States Parties to the Convention for the Unification of Certain Rules relating to International Carriage by Air signed at Warsaw on behalf of His Majesty on 12th October 1929 as amended by Additional Protocol No. 1 of Montreal 1975, or within the territory of a single such State, if there is an agreed stopping place within the territory subject to the sovereignty, suzerainty, mandate or authority of another State, even though that State is not a party to the said Convention of 1929 as so amended.
.
3
The following shall be substituted for Article 1(3): —
3
A carriage to be performed by several successive air carriers is deemed for the purposes of this Schedule, to be one undivided carriage, if it has been regarded by the parties as a single operation, whether it had been agreed upon under the form of a single contract or of a series of contracts, and it does not lose its international character merely because one contract or a series of contracts is to be performed entirely within a territory subject to the sovereignty, suzerainty, mandate or authority of the same High Contracting Party.
.
4
The following shall be substituted for Article 2: —
Article 2
1
This Schedule applies to carriage performed by the State, not being a State which has availed itself of the Additional Protocol to the Warsaw Convention, or by legally constituted public bodies, provided it falls within the conditions laid down in Article 1.
2
This Schedule does not apply to carriage performed under the terms of any international postal Convention.
.
5
The following shall be substituted for Article 3: —
Article 3
1
For the carriage of passengers the carrier must deliver a passenger ticket which shall contain the following particulars: —
a
the place and date of issue;
b
the place of departure and of destination;
c
the agreed stopping places, provided that the carrier may reserve the right to alter the stopping places in case of necessity, and that if he exercises that right, the alteration shall not have the effect of depriving the carriage of its international character;
d
the name and address of the carrier or carriers;
e
a statement that the carriage is subject to the rules relating to liability established by the Warsaw Convention.
2
The absence, irregularity or loss of the passenger ticket does not affect the existence or the validity of the contract of carriage, which shall none the less be subject to the rules of this Schedule. Nevertheless, if the carrier accepts a passenger without a passenger ticket having been delivered he shall not be entitled to avail himself of those provisions of this Schedule which exclude or limit his liability.
.
6
The following shall be substituted for Article 4: —
Article 4
1
For the carriage of baggage, other than small personal objects of which the passenger takes charge himself, the carrier must deliver a baggage check.
2
The baggage check shall be made out in duplicate, one part for the passenger and the other part for the carrier.
3
The baggage check shall contain the following particulars: —
a
the place and date of issue;
b
the place of departure and of destination;
c
the name and address of the carrier or carriers;
d
the number of the passenger ticket;
e
a statement that delivery of the baggage will be made to the bearer of the baggage check;
f
the number and weight of the packages;
g
the amount of the value declared in accordance with Article 22(2);
h
a statement that the carriage is subject to the rules relating to liability established by the Warsaw Convention.
4
The absence, irregularity or loss of the baggage check does not affect the existence or the validity of the contract of carriage, which shall none the less be subject to the rules of this Schedule. Nevertheless, if the carrier accepts baggage without a baggage check having been delivered, or if the baggage check does not contain the particulars set out at (d), (f) and (h) above, the carrier shall not be entitled to avail himself of those provisions of this Schedule which exclude or limit his liability.
.
7
The following shall be substituted for Article 6(3): —
3
The carrier shall sign on acceptance of the cargo.
.
8
The following shall be substituted for Article 8: —
Article 8
The air waybill shall contain the following particulars: —
The place and date of its execution;
the place of departure and of destination;
the agreed stopping places, provided that the carrier may reserve the right to alter the stopping places in case of necessity, and that if he exercises that right the alteration shall not have the effect of depriving the carriage of its international character;
the name and address of the consignor;
the name and address of the first carrier;
the name and address of the consignee, if the case so requires;
the nature of the cargo;
the number of the packages, the method of packing and the particular marks or numbers upon them;
the weight, the quantity and the volume or dimensions of the cargo;
the apparent condition of the cargo and of the packing;
the freight, if it has been agreed upon, the date and place of payment, and the person who is to pay it;
if the cargo is sent for payment on delivery, the price of the cargo, and, if the case so requires, the amount of the expenses incurred;
the amount of the value declared in accordance with Article 22(2);
the number of parts of the air waybill;
the documents handed to the carrier to accompany the air waybill;
the time fixed for the completion of the carriage and a brief note of the route to be followed, if these matters have been agreed upon;
a statement that the carriage is subject to the rules relating to liability established by the Warsaw Convention.
.
9
The following shall be substituted for Article 9: —
Article 9
If the carrier accepts cargo without an air waybill having been made out, or if the air waybill does not contain all the particulars set out in Article 8(a) to (i) inclusive and (q), the carrier shall not be entitled to avail himself of the provisions of this Schedule which exclude or limit his liability.
.
10
The following shall be substituted for Article 10(2): —
2
The consignor will be liable for all damage suffered by the carrier or any other person by reason of the irregularity, incorrectness or incompleteness of the said particulars and statements.
.
11
Article 15(3) shall not apply.
12
The following shall be substituted for Article 20(2): —
2
In the carriage of cargo and baggage the carrier is not liable if he proves that the damage was occasioned by negligent pilotage or negligence in the handling of the aircraft or in navigation and that, in all other respects, he and his servants or agents have taken all necessary measures to avoid the damage.
.
13
The following shall be substituted for Article 22: —
Article 22
1
In the carriage of passengers the liability of the carrier for each passenger is limited to the sum of 8,300 Special Drawing Rights. Where, in accordance with the law of the court seised of the case, damages may be awarded in the form of periodic payments, the equivalent capital value of the said payments shall not exceed this limit. Nevertheless, by special contract, the carrier and the passenger may agree to a higher limit of liability.
2
In the carriage of registered baggage and of cargo, the liability of the carrier is limited to a sum of 17 Special Drawing Rights per kilogramme, unless the consignor has made, at the time when the package was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless he proves that the sum is greater than the consignor’s actual interest in delivery at destination.
3
As regards objects of which the passenger takes charge himself the liability of the carrier is limited to 332 Special Drawing Rights per passenger.
4
The sums mentioned in terms of the Special Drawing Right in this Article shall be deemed to refer to the Special Drawing Right as defined by the International Monetary Fund. Conversion of the sums into national currencies shall, in case of judicial proceedings, be made according to the value of such currencies in terms of the Special Drawing Right at the date of the judgement. The value of a national currency, in terms of the Special Drawing Right, of a High Contracting Party which is a Member of the International Monetary Fund, shall be calculated in accordance with the method of valuation applied by the International Monetary Fund, in effect at the date of the judgement, for its operations and transactions. The value of a national currency, in terms of the Special Drawing Right, of a High Contracting Party which is not a Member of the International Monetary Fund, shall be calculated in a manner determined by that High Contracting Party.
Nevertheless, those States which are not Members of the International Monetary Fund and whose law does not permit the application of the provisions of paragraphs 1, 2 and 3 of Article 22 may at the time of ratification or accession or at any time thereafter declare that the limit of liability of the carrier in judicial proceedings in their territories is fixed at a sum of 125,000 monetary units per passenger with respect to paragraph 1 of Article 22; 250 monetary units per kilogramme with respect to paragraph 2 of Article 22; and 5,000 monetary units per passenger with respect to paragraph 3 of Article 22. This monetary unit corresponds to sixty-five and a half milligrammes of gold of millesimal fineness nine hundred. These sums may be converted into the national currency concerned in round figures. The conversion of these sums into national currency shall be made according to the law of the State concerned.
.
14
Article 23(2) shall not apply.
15
The following shall be substituted for Article 25: —
Article 25
1
The carrier shall not be entitled to avail himself of the provisions of this Schedule which exclude or limit his liability, if the damage is caused by his wilful misconduct or by such default on his part as, in accordance with the law of the Court seised of the case, is considered to be equivalent to wilful misconduct.
2
Similarly the carrier shall not be entitled to avail himself of the said provisions, if the damage is caused as aforesaid by any servant or agent of the carrier acting within the scope of his employment.
.
16
Article 25A shall not apply.
17
The following shall be substituted for Article 26(2): —
2
In the case of damage, the person entitled to delivery must complain to the carrier forthwith after the discovery of the damage, and, at the latest, within three days from the date of receipt in the case of baggage and seven days from the date of receipt in the case of cargo. In the case of delay the complaint must be made at the latest within fourteen days from the date on which the baggage or cargo has been placed at his disposal.
.
18
In Article 28(1), after “High Contracting Parties” there shall be added “to the Warsaw Convention as amended by Additional Protocol No. 1 of Montreal 1975”.
19
The following shall be substituted for Article 34: —
Article 34
This Schedule does not apply to international carriage by air performed by way of experimental trial by air navigation undertakings with the view to the establishment of a regular line of air navigation, nor does it apply to carriage performed in extraordinary circumstances outside the normal scope of an air carrier’s business.
.
20
Articles 36 and 40A shall not apply.
4
The Guadalajara Convention shall apply to international carriage within the meaning of this Schedule, with the following exceptions, adaptations and modifications: —
1
For “this Convention” wherever it appears there shall be substituted “the Guadalajara Convention as applied by this Schedule”.
2
In Article 1, the following shall be added as paragraph (a): —
“the Warsaw Convention” means the amended Convention as applied by this Schedule.
.
PART B
For convenience of reference the amended Convention and the Guadalajara Convention, with the exceptions, adaptations and modifications by this Schedule, are here set out: —
A. The amended Warsaw Convention, as applied by Schedule 3
(INTERNATIONAL CARRIAGE UNDER THE UNAMENDED WARSAW CONVENTION AS AMENDED BY ADDITIONAL PROTOCOL No. 1 OF MONTREAL 1975)
CHAPTER 1
SCOPE-DEFINITIONS
Article 1
1
This Schedule applies to all international carriage of persons, baggage or cargo performed by aircraft for reward. It applies equally to gratuitous carriage by aircraft performed by an air transport undertaking.
2
“International carriage” means any carriage in which, according to the contract made by the parties, the place of departure and the place of destination, whether or not there be a break in the carriage or a transhipment, are situated either within the territories of two States Parties to the Convention for the Unification of Certain Rules relating to International Carriage by Air signed at Warsaw on behalf of His Majesty on 12th October 1929 as amended by Additional Protocol No. 1 of Montreal 1975, or within the territory of a single such State, if there is an agreed stopping place within the territory subject to the sovereignty, suzerainty, mandate or authority of another State, even though that State is not a party to the said Convention of 1929 as so amended.
3
A carriage to be performed by several successive air carriers is deemed, for the purposes of this Schedule, to be one undivided carriage, if it has been regarded by the parties as a single operation, whether it had been agreed upon under the form of a single contract or of a series of contracts, and it does not lose its international character merely because one contract or a series of contracts is to be performed entirely within a territory subject to the sovereignty, suzerainty, mandate or authority of the same High Contracting Party.
Article 2
1
This Schedule applies to carriage performed by the State, not being a State which has availed itself of the Additional Protocol to the Warsaw Convention, or by legally constituted public bodies, provided it falls within the conditions laid down in Article 1.
2
This Schedule does not apply to carriage performed under the terms of any international postal Convention.
CHAPTER II
DOCUMENTS OF CARRIAGE
SECTION I — PASSENGER TICKET
Article 3
1
For the carriage of passengers the carrier must deliver a passenger ticket which shall contain the following particulars: —
a
the place and date of issue;
b
the place of departure and of destination;
c
the agreed stopping places, provided that the carrier may reserve the right to alter the stopping places in case of necessity, and that if he exercises that right, the alteration shall not have the effect of depriving the carriage of its international character;
d
the name and address of the carrier or carriers;
e
a statement that the carriage is subject to the rules relating to liability established by the Warsaw Convention.
2
The absence, irregularity or loss of the passenger ticket does not affect the existence or the validity of the contract of carriage, which shall none the less be subject to the rules of this Schedule. Nevertheless, if the carrier accepts a passenger without a passenger ticket having been delivered he shall not be entitled to avail himself of those provisions of this Schedule which exclude or limit his liability.
SECTION 2 — BAGGAGE CHECK
Article 4
1
For the carriage of baggage, other than small personal objects of which the passenger takes charge himself, the carrier must deliver a baggage check.
2
The baggage check shall be made out in duplicate, one part for the passenger and the other part for the carrier.
3
The baggage check shall contain the following particulars: —
a
the place and date of issue;
b
the place of departure and of destination;
c
the name and address of the carrier or carriers;
d
the number of the passenger ticket;
e
a statement that delivery of the baggage will be made to the bearer of the baggage check;
f
the number and weight of the packages;
g
the amount of the value declared in accordance with Article 22(2);
h
a statement that the carriage is subject to the rules relating to liability established by the Warsaw Convention.
4
The absence, irregularity or loss of the baggage check does not affect the existence or the validity of the contract of carriage, which shall none the less be subject to the rules of this Schedule. Nevertheless, if the carrier accepts baggage without a baggage check having been delivered, or if the baggage check does not contain the particulars set out at (d), (f) and (h) above, the carrier shall not be entitled to avail himself of those provisions of this Schedule which exclude or limit his liability.
SECTION 3 — AIR WAYBILL
Article 5
1
Every carrier of cargo has the right to require the consignor to make out and hand over to him a document called an “air waybill”; every consignor has the right to require the carrier to accept this document.
2
The absence, irregularity or loss of this document does not affect the existence or the validity of the contract of carriage which shall, subject to the provisions of Article 9, be none the less governed by the rules of this Schedule.
Article 6
1
The air waybill shall be made out by the consignor in three original parts and be handed over with the cargo.
2
The first part shall be marked “for the carrier”, and shall be signed by the consignor. The second part shall be marked “for the consignee”; it shall be signed by the consignor and by the carrier and shall accompany the cargo. The third part shall be signed by the carrier and handed by him to the consignor after the cargo has been accepted.
3
The carrier shall sign on acceptance of the cargo.
4
The signature of the carrier may be stamped; that of the consignor may be printed or stamped.
5
If, at the request of the consignor, the carrier makes out the air waybill, he shall be deemed, subject to proof to the contrary, to have done so on behalf of the consignor.
Article 7
The carrier of cargo has the right to require the consignor to make out separate waybills when there is more than one package.
Article 8
The air waybill shall contain the following particulars: —
the place and date of its execution;
the place of departure and of destination;
the agreed stopping places, provided that the carrier may reserve the right to alter the stopping places in case of necessity, and that if he exercises that right the alteration shall not have the effect of depriving the carriage of its international character;
the name and address of the consignor;
the name and address of the first carrier;
the name and address of the consignee, if the case so requires;
the nature of the cargo;
the number of the packages, the method of packing and the particular marks or numbers upon them;
the weight, the quantity and the volume or dimensions of the cargo;
the apparent condition of the cargo and of the packing;
the freight, if it has been agreed upon, the date and place of payment, and the person who is to pay it;
if the cargo is sent for payment on delivery, the price of the cargo, and, if the case so requires, the amount of the expenses incurred;
the amount of the value declared in accordance with Article 22(2);
the number of parts of the air waybill;
the documents handed to the carrier to accompany the air waybill;
the time fixed for the completion of the carriage and a brief note of the route to be followed, if these matters have been agreed upon;
a statement that the carriage is subject to the rules relating to liability established by the Warsaw Convention.
Article 9
If the carrier accepts cargo without an air waybill having been made out, or if the air waybill does not contain all the particulars set out in Article 8(a) to (i) inclusive and (q), the carrier shall not be entitled to avail himself of the provisions of this Schedule which exclude or limit his liability.
Article 10
1
The consignor is responsible for the correctness of the particulars and statements relating to the cargo which he inserts in the air waybill.
2
The consignor will be liable for all damage suffered by the carrier or any other person by reason of the irregularity incorrectness or incompleteness of the said particulars and statements.
Article 11
1
The air waybill is prima facie evidence of the conclusion of the contract, of the receipt of the cargo and of the conditions of carriage.
2
The statements in the air waybill relating to the weight, dimensions and packing of the cargo, as well as those relating to the number of packages, are prima facie evidence of the facts stated; those relating to the quantity, volume and condition of the cargo do not constitute evidence against the carrier except so far as they both have been, and are stated in the air waybill to have been, checked by him in the presence of the consignor, or relate to the apparent condition of the cargo.
Article 12
1
Subject to his liability to carry out all his obligations under the contract of carriage, the consignor has the right to dispose of the cargo by withdrawing it at the aerodrome of departure or destination, or by stopping it in the course of the journey on any landing, or by calling for it to be delivered at the place of destination or in the course of the journey to a person other than the consignee named in the air waybill, or by requiring it to be returned to the aerodrome of departure. He must not exercise this right of disposition in such a way as to prejudice the carrier or other consignors and he must repay any expenses occasioned by the exercise of this right.
2
If it is impossible to carry out the orders of the consignor the carrier must so inform him forthwith.
3
If the carrier obeys the orders of the consignor for the disposition of the cargo without requiring the production of the part of the air waybill delivered to the latter, he will be liable, without prejudice to his right of recovery from the consignor, for any damage which may be caused thereby to any person who is lawfully in possession of that part of the air waybill.
4
The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with Article 13. Nevertheless, if the consignee declines to accept the waybill or the cargo, or if he cannot be communicated with, the consignor resumes his right of disposition.
Article 13
1
Except in the circumstances set out in the preceding Article, the consignee is entitled, on arrival of the cargo at the place of destination, to require the carrier to hand over to him the air waybill and to deliver the cargo to him, on payment of the charges due and on complying with the conditions of carriage set out in the air waybill.
2
Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the cargo arrives.
3
If the carrier admits the loss of the cargo, or if the cargo has not arrived at the expiration of seven days after the date on which it ought to have arrived, the consignee is entitled to put into force against the carrier the rights which flow from the contract of carriage.
Article 14
The consignor and the consignee can respectively enforce all the rights given them by Articles 12 and 13, each in his own name, whether he is acting in his own interest or in the interest of another, provided that he carries out the obligations imposed by the contract.
Article 15
1
Articles 12, 13 and 14 do not affect either the relations of the consignor or the consignee with each other or the mutual relations of third parties whose rights are derived either from the consignor or from the consignee.
2
The provisions of Articles 12, 13 and 14 can only be varied by express provision in the air waybill.
Article 16
1
The consignor must furnish such information and attach to the air waybill such documents as are necessary to meet the formalities of customs, octroi or police before the cargo can be delivered to the consignee. The consignor is liable to the carrier for any damage occasioned by the absence, insufficiency or irregularity of any such information or documents, unless the damage is due to the fault of the carrier or his servants or agents.
2
The carrier is under no obligation to enquire into the correctness or sufficiency of such information or documents.
CHAPTER III
LIABILITY OF THE CARRIER
Article 17
The carrier is liable for damage sustained in the event of the death or wounding of a passenger or any other bodily injury suffered by a passenger, if the accident which caused the damage so sustained took place on board the aircraft or in the course of any of the operations of embarking or disembarking.
Article 18
1
The carrier is liable for damage sustained in the event of the destruction or loss of, or of damage to, any registered baggage or any cargo, if the occurrence which caused the damage so sustained took place during the carriage by air.
2
The carriage by air within the meaning of the preceding paragraph comprises the period during which the baggage or cargo is in charge of the carrier, whether in an aerodrome or on board an aircraft, or, in the case of a landing outside an aerodrome in any place whatsoever.
3
The period of the carriage by air does not extend to any carriage by land, by sea or by river performed outside an aerodrome. If, however, such a carriage takes place in the performance of a contract for carriage by air, for the purpose of loading, delivery or transhipment, any damage is presumed, subject to proof to the contrary, to have been the result of an event which took place during the carriage by air.
Article 19
The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo.
Article 20
1
The carrier is not liable if he proves that he and his servants or agents have taken all necessary measures to avoid the damage or that it was impossible for him or them to take such measures.
2
In the carriage of cargo and baggage the carrier is not liable if he proves that the damage was occasioned by negligent pilotage or negligence in the handling of the aircraft or in navigation and that, in all other respects, he and his servants or agents have taken all necessary measures to avoid the damage.
Article 21
If the carrier proves that the damage was caused by or contributed to by the negligence of the injured person the Court may, in accordance with the provisions of its own law, exonerate the carrier wholly or partly from his liability.
Article 22
1
In the carriage of passengers the liability of the carrier for each passenger is limited to the sum of 8,300 Special Drawing Rights. Where, in accordance with the law of the court seised of the case, damages may be awarded in the form of periodic payments, the equivalent capital value of the said payments shall not exceed this limit. Nevertheless, by special contract, the carrier and the passenger may agree to a higher limit of liability.
2
In the carriage of registered baggage and of cargo, the liability of the carrier is limited to a sum of 17 Special Drawing Rights per kilogramme, unless the consignor has made, at the time when the package was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless he proves that that sum is greater than the consignor’s actual interest in delivery at destination.
3
As regards objects of which the passenger takes charge himself the liability of the carrier is limited to 332 Special Drawing Rights per passenger.
4
The sums mentioned in terms of the Special Drawing Right in this Article shall be deemed to refer to the Special Drawing Right as defined by the International Monetary Fund. Conversion of the sums into national currencies shall, in case of judicial proceedings, be made according to the value of such currencies in terms of the Special Drawing Right at the date of the judgement. The value of a national currency, in terms of the Special Drawing Right, of a High Contracting Party which is a Member of the Monetary Fund, shall be calculated in accordance with the method of valuation applied by the International Monetary Fund, in effect at the date of the judgement, for its operations and transactions. The value of national currency, in terms of the Special Drawing Right, of a High Contracting Party which is not a Member of the International Monetary Fund, shall be calculated in a manner determined by that High Contracting Party.
Nevertheless, those States which are not Members of the International Monetary Fund and whose law does not permit the application of the provisions of paragraphs 1, 2 and 3 of Article 22 may at the time of ratification or accession or at any time thereafter declare that the limit of liability of the carrier in judicial proceedings in their territories is fixed at a sum of 125,000 monetary units per passenger with respect to paragraph 1 of Article 22; 250 monetary units per kilogramme with respect to paragraph 2 of Article 22; and 5,000 monetary units per passenger with respect to paragraph 3 of Article 22. This monetary unit corresponds to sixty-five and a half milligrammes of gold of millesimal fineness nine hundred. These sums may be converted into the national currency concerned in round figures. The conversion of these sums into national currency shall be made according to the law of the State concerned.
Article 23
Any provision tending to relieve the carrier of liability or to fix a lower limit than that which is laid down in this Schedule shall be null and void, but the nullity of any such provision does not involve the nullity of the whole contract, which shall remain subject to the provisions of this Schedule.
Article 24
1
In the cases covered by Articles 18 and 19 any action for damages, however founded, can only be brought subject to the conditions and limits set out in this Schedule.
2
In the cases covered by Article 17 the provisions of the preceding paragraph also apply, without prejudice to the questions as to who are the persons who have the right to bring suit and what are their respective rights.
Article 25
1
The carrier shall not be entitled to avail himself of the provisions of this Schedule which exclude or limit his liability, if the damage is caused by his wilful misconduct, or by such default on his part as, in accordance with the law of the Court seised of the case, is considered to be equivalent to wilful misconduct.
2
Similarly the carrier shall not be entitled to avail himself of the said provisions, if the damage is caused as aforesaid by any servant or agent of the carrier acting within the scope of his employment.
Article 26
1
Receipt by the person entitled to delivery of baggage or cargo without complaint is prima facie evidence that the same has been delivered in good condition and in accordance with the document of carriage.
2
In the case of damage, the person entitled to delivery must complain to the carrier forthwith after the discovery of the damage, and, at the latest, within three days from the date of receipt in the case of baggage and seven days from the date of receipt in the case of cargo. In the case of delay the complaint must be made at the latest within fourteen days from the date on which the baggage or cargo has been placed at his disposal.
3
Every complaint must be made in writing upon the document of carriage or by separate notice in writing despatched within the times aforesaid.
4
Failing complaint within the times aforesaid, no action shall lie against the carrier, save in the case of fraud on his part.
Article 27
In the case of the death of the person liable, an action for damages lies in accordance with the terms of this Schedule against those legally representing his estate.
Article 28
1
An action for damages must be brought, at the option of the plaintiff, in the territory of one of the High Contracting Parties to the Warsaw Convention as amended by Additional Protocol No. 1 of Montreal 1975, either before the Court having jurisdiction where the carrier is ordinarily resident, or has his principal place of business, or has an establishment by which the contract has been made or before the Court having jurisdiction at the place of destination.
2
Questions of procedure shall be governed by the law of the Court seised of the case.
Article 29
1
The right to damages shall be extinguished if an action is not brought within two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.
2
The method of calculating the period of limitation shall be determined by the law of the Court seised of the case.
Article 30
1
In the case of carriage to be performed by various successive carriers and falling within the definition set out in the third paragraph of Article 1, each carrier who accepts passengers, baggage or cargo is subjected to the rules set out in this Schedule, and is deemed to be one of the contracting parties to the contract of carriage in so far as the contract deals with that part of the carriage which is performed under his supervision.
2
In the case of carriage of this nature, the passenger or his representative can take action only against the carrier who performed the carriage during which the accident or the delay occurred, save in the case where, by express agreement, the first carrier has assumed liability for the whole journey.
3
As regards baggage or cargo, the passenger or consignor will have a right of action against the first carrier, and the passenger or consignee who is entitled to delivery will have a right of action against the last carrier, and further, each may take action against the carrier who performed the carriage during which the destruction, loss, damage or delay took place. These carriers will be jointly and severally liable to the passenger or to the consignor or consignee.
CHAPTER IV
PROVISIONS RELATING TO COMBINED CARRIAGE
Article 31
1
In the case of combined carriage performed partly by air and partly by any other mode of carriage, the provisions of this Schedule apply only to the carriage by air, provided that the carriage by air falls within the terms of Article 1.
2
Nothing in this Schedule shall prevent the parties in the case of combined carriage from inserting in the document of air carriage conditions relating to other modes of carriage, provided that the provisions of this Schedule are observed as regards the carriage by air.
CHAPTER V
GENERAL AND FINAL PROVISIONS
Article 32
Any clause contained in the contract and all special agreements entered into before the damage occurred by which the parties purport to infringe the rules laid down by this Schedule, whether by deciding the law to be applied, or by altering the rules as to jurisdiction, shall be null and void. Nevertheless, for the carriage of cargo arbitration clauses are allowed, subject to this Schedule, if the arbitration is to take place within one of the jurisdictions referred to in the first paragraph of Article 28.
Article 33
Nothing contained in this Schedule shall prevent the carrier either from refusing to enter into any contract of carriage, or from making regulations which do not conflict with the provisions of this Schedule.
Article 34
This Schedule does not apply to international carriage by air performed by way of experimental trial by air navigation undertakings with the view to the establishment of a regular line of air navigation, nor does it apply to carriage performed in extraordinary circumstances outside the normal scope of an air carrier’s business.
Article 35
The expression “days” when used in this Schedule means current days not working days.
ADDITIONAL PROTOCOL TO THE WARSAW CONVENTION
The High Contracting Parties reserve to themselves the right to declare at the time of ratification or of accession that the first paragraph of Article 2 of this Convention shall not apply to international carriage by air performed directly by the State, its colonies, protectorates or mandated territories or by any other territory under its sovereignty, suzerainty or authority.
B. The Guadalajara Convention as applied by Schedule 3
(INTERNATIONAL CARRIAGE UNDER THE UNAMENDED WARSAW CONVENTION AS AMENDED BY ADDITIONAL PROTOCOL No. 1 OF MONTREAL 1975)
Article I
In the Guadalajara Convention as applied by this Schedule:
“The Warsaw Convention” means the amended Convention as applied by this Schedule;
“contracting carrier” means a person who as a principal makes an agreement for carriage governed by the Warsaw Convention with a passenger or consignor or with a person acting on behalf of the passenger or consignor;
“actual carrier” means a person, other than the contracting Carrier, who, by virtue of authority from the contracting carrier, performs the whole or part of the carriage contemplated in paragraph (b) but who is not with respect to such part a successive carrier within the meaning of the Warsaw Convention. Such authority is presumed in the absence of proof to the contrary.
Article II
If an actual carrier performs the whole or part of carriage which, according to the agreement referred to in Article 1, paragraph (b), is governed by the Warsaw Convention, both the contracting carrier and the actual carrier shall, except as otherwise provided in the Guadalajara Convention as applied by this Schedule, be subject to the rules of the Warsaw Convention, the former for the whole of the carriage contemplated in the agreement, the latter solely for the carriage which he performs.
Article III
1
The acts and omissions of the actual carrier and of his servants and agents acting within the scope of their employment shall, in relation to the carriage performed by the actual carrier, be deemed to be also those of the contracting carrier.
2
The acts and omissions of the contracting carrier and of his servants and agents acting within the scope of their employment shall, in relation to the carriage performed by the actual carrier, be deemed to be also those of the actual carrier. Nevertheless, no such act or omission shall subject the actual carrier to liability exceeding the limits specified in Article 22 of the Warsaw Convention. Any special agreement under which the contracting carrier assumes obligations not imposed by the Warsaw Convention or any waiver of rights conferred by that Convention or any special declaration of interest in delivery at destination contemplated in Article 22 of the said Convention, shall not affect the actual carrier unless agreed to by him.
Article IV
Any complaint to be made or order to be given under the Warsaw Convention to the carrier shall have the same effect whether addressed to the contracting carrier or to the actual carrier. Nevertheless, orders referred to in Article 12 of the Warsaw Convention shall only be effective if addressed to the contracting carrier.
Article V
In relation to the carriage performed by the actual carrier, any servant or agent of that carrier or of the contracting carrier shall, if he proves that he acted within the scope of his employment be entitled to avail himself of the limits of liability which are applicable under the Guadalajara Convention as applied by this Schedule to the carrier whose servant or agent he is unless it is proved that he acted in a manner which, under the Warsaw Convention, prevents the limits of liability from being invoked.
Article VI
In relation to the carriage performed by the actual carrier, the aggregate of the amounts recoverable from that carrier and the contracting carrier, and from their servants and agents acting within the scope of their employment, shall not exceed the highest amount which could be awarded against either the contracting carrier or the actual carrier under the Guadalajara Convention as applied by this Schedule, but none of the persons mentioned shall be liable for a sum in excess of the limit applicable to him.
Article VII
In relation to the carriage performed by the actual carrier, an action for damages may be brought at the option of the plaintiff, against that carrier or the contracting carrier, or against both together or separately. If the action is brought against only one of those carriers, that carrier shall have the right to require the other carrier to be joined in the proceedings, the procedure and effects being governed by the law of the Court seised of the case.
Article VIII
Any action for damages contemplated in Article VII of the Guadalajara Convention as applied by this Schedule must be brought, at the option of the plaintiffs either before a Court in which an action may be brought against the contracting carrier, as provided in Article 28 of the Warsaw Convention, or before the Court having jurisdiction at the place where the actual carrier is ordinarily resident or has his principal place of business.
Article IX
1
Any contractual provision tending to relieve the contracting carrier or the actual carrier of liability under the Guadalajara Convention as applied by this Schedule or to fix a lower limit than that which is applicable according to the Guadalajara Convention as applied by this Schedule shall be null and void, but the nullity of any such provision does not involve the nullity of the whole agreement, which shall remain subject to the provisions of the Guadalajara Convention as applied by this Schedule.
2
In respect of the carriage performed by the actual carrier, the preceding paragraph shall not apply to contractual provisions governing loss or damage resulting from the inherent defect, quality or vice of the cargo carried.
3
Any clause contained in an agreement for carriage and all special agreements entered into before the damage occurred by which the parties purport to infringe the rules laid down by the Guadalajara Convention as applied by this Schedule, whether by deciding the law to be applied, or by altering the rules as to jurisdiction, shall be null and void. Nevertheless, for the carriage of cargo arbitration clauses are allowed, subject to the Guadalajara Convention as applied by this Schedule, if the arbitration is to take place in one of the jurisdictions referred to in Article VIII.
Article X
Except as provided in Article VII, nothing in the Guadalajara Convention as applied by this Schedule shall affect the rights and obligations of the two carriers between themselves.
.
N. H. Nicholls
Clerk of the Privy Council


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


text:
Citation and commencement
1
This Order may be cited as The Cheviot and Wansbeck, North Tyneside Health Care, and Northumberland Community Health National Health Service Trusts (Dissolution) Order 1998 and shall come into force on 1st April 1998.
Dissolution of NHS trusts
2
1
The Cheviot and Wansbeck National Health Service Trust established by the Cheviot and Wansbeck National Health Service Trust (Establishment) Order 1993 is dissolved, and accordingly that Order is revoked.
2
The North Tyneside Health Care National Health Service Trust established by the North Tyneside Healthcare National Health Service Trust (Establishment) Order 1993 is dissolved, and accordingly that Order is revoked.
3
The Northumberland Community Health National Health Service Trust established by the Northumberland Community Health National Health Service Trust (Establishment) Order 1993 is dissolved, and accordingly that Order is revoked.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State
Department of Health
19th March 1998


text:
1
This Order may be cited as the A5 Trunk Road (Churchbridge Improvement) (Detrunking) Order 1998 and shall come into force on 12th February 1998.
2
In this Order —
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the new trunk road” means the new highway which the Secretary of State proposes to construct referred to in article 2(b)(i) and the Schedule to the A5 Trunk Road (Churchbridge Improvement) Order 1998 ;
iii
“principal road” as a classification for a highway means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State;
iv
“the trunk road” means the Holyhead to London Trunk Road (A5).
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as an unclassified road as from the date on which the Secretary of State notifies the Staffordshire County Council that the new trunk road is open for traffic.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Derek Oddy
Divisional Director, Highways Agency
22nd January 1998


text:
Citation and commencement
1
This Order may be cited as the Sunderland and Tyne Riverside Enterprise Zones (Designation of Enterprise Zone Authorities) Order 1998, and shall come into force on 25th March 1998.
Designation of new enterprise zone authorities in place of the Tyne and Wear Development Corporation
2
1
The Sunderland City Council is hereby designated as the enterprise zone authority for the Sunderland No.1-Hylton Riverside and Southwick Enterprise Zone .
2
The North Tyneside Metropolitan Borough Council is hereby designated as the enterprise zone authority for the Tyne Riverside Enterprise Zone No. 8: Baltic Enterprise Park .
3
The South Tyneside Metropolitan Borough Council is hereby designated as the enterprise zone authority for the following enterprise zones: —
the Tyne Riverside Enterprise Zone No. 9: Viking Industrial Park–Wagonway West;
the Tyne Riverside Enterprise Zone No. 10: Viking Industrial Park–Blackett Street; and
the Tyne Riverside Enterprise Zone No. 11: Viking Industrial Park–Western Road .
Date on which the City Council and the Metropolitan Borough Councils become enterprise zone authorities pursuant to this Order
3
Each Council mentioned in article 2 shall become the enterprise zone authority pursuant to this Order on 25th March 1998.
Signed by the authority of the Secretary of State for the Environment, Transport and the Regions
Richard Caborn
Minister of State,
Department of the Environment, Transport and the Regions
5th March 1998


text:
1
These Regulations may be cited as the Aircraft Operators (Accounts and Records) (Amendment) Regulations 1998 and shall come into force on 11th February 1998.
2
After regulation 8 of the Aircraft Operators (Accounts and Records) Regulations 1994 there shall be added the following regulations —
Interpretation of regulations 9 to 16
9
In this regulation and in regulations 10 to 16 below —
“claim” means a claim made (irrespective of when it was made) under section 137A of the Customs and Excise Management Act 1979 for repayment of an amount paid to the Commissioners by way of excise duty which was not due to them; and “claimed” and “claimant” shall be construed accordingly;
“reimbursement arrangements” means any arrangements (whether made before, on or after 30th January 1998) for the purposes of a claim which —
are made by a claimant for the purpose of securing that he is not unjustly enriched by the repayment of any amount in pursuance of the claim; and
provide for the reimbursement of persons (consumers) who have, for practical purposes, borne the whole or any part of the cost of the original payment of that amount to the Commissioners;
“relevant amount” means that part (which may be the whole) of the amount of a claim which the claimant has reimbursed or intends to reimburse to consumers.
Reimbursement arrangements — general
10
Without prejudice to regulation 16 below, for the purposes of section 137A(3) of the Customs and Excise Management Act 1979 (defence by the Commissioners that repayment by them of an amount claimed would unjustly enrich the claimant) reimbursement arrangements made by a claimant shall be disregarded except where they —
a
include the provisions described in regulation 11 below; and
b
are supported by the undertakings described in regulation 15 below.
Reimbursement arrangements — provisions to be included
11
The provisions referred to in regulation 10(a) above are that —
a
reimbursement for which the arrangements provide will be completed by no later than 90 days after the repayment to which it relates;
b
no deduction will be made from the relevant amount by way of fee or charge (howsoever expressed or effected);
c
reimbursement will be made only in cash or by cheque;
d
any part of the relevant amount that is not reimbursed by the time mentioned in paragraph (a) above will be repaid by the claimant to the Commissioners;
e
any interest paid by the Commissioners on any relevant amount repaid by them will also be treated by the claimant in the same way as the relevant amount falls to be treated under paragraphs (a) and (b) above; and
f
the records described in regulation 13 below will be kept by the claimant and produced by him to the Commissioners, or to an officer of theirs in accordance with regulation 14 below.
Repayments to the Commissioners
12
The claimant shall, without prior demand, make any repayment to the Commissioners that he is required to make by virtue of regulation 11(d) and (e) above within 14 days of the expiration of the period of 90 days referred to in regulation 11(a) above.
Records
13
The claimant shall keep records of the following matters —
a
the names and addresses of those consumers whom he has reimbursed or whom he intends to reimburse;
b
the total amount reimbursed to each such consumer;
c
the amount of interest included in each total amount reimbursed to each consumer;
d
the date that each reimbursement is made.
Production of records
14
1
Where a claimant is given notice in accordance with paragraph (2) below, he shall, in accordance with such notice produce to the Commissioners, or to an officer of theirs, the records that he is required to keep pursuant to regulation 13 above.
2
A notice given for the purposes of paragraph (1) above shall —
a
be in writing;
b
state the place and time at which, and the date on which the records are to be produced; and
c
be signed and dated by the Commissioners, or by an officer of theirs,
and may be given before or after, or both before and after the Commissioners have paid the relevant amount to the claimant.
Undertakings
15
1
Without prejudice to regulation 16(b) below, the undertakings referred to in regulation 10(b) above shall be given to the Commissioners by the claimant no later than the time at which he makes the claim for which the reimbursement arrangements have been made.
2
The undertakings shall be in writing, shall be signed and dated by the claimant, and shall be to the effect that —
a
at the date of the undertakings he is able to identify the names and addresses of those consumers whom he has reimbursed or whom he intends to reimburse;
b
he will apply the whole of the relevant amount repaid to him, without any deduction by way of fee or charge or otherwise, to the reimbursement in cash or by cheque, of such consumers by no later than 90 days after his receipt of that amount (except insofar as he has already so reimbursed them);
c
he will apply any interest paid to him on the relevant amount repaid to him wholly to the reimbursement of such consumers by no later than 90 days after his receipt of that interest;
d
he will repay to the Commissioners without demand the whole or such part of the relevant amount repaid to him or of any interest paid to him as he fails to apply in accordance with the undertakings mentioned in sub-paragraphs (b) and (c) above;
e
he will keep the records described in regulation 13 above; and
f
he will comply with any notice given to him in accordance with regulation 14 above concerning the production of such records.
Reimbursement arrangements made before 11th February 1998
16
Reimbursement arrangements made by a claimant before 11th February 1998 shall not be disregarded for the purposes of section 137A(3) of the Customs and Excise Management Act 1979 if, not later than 11th March 1998 —
a
he includes in those arrangements (if they are not already included) the provisions described in regulation 11 above; and
b
gives the undertakings described in regulation 15 above.
.
Martin Brown
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
20th January 1998


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) Regulations 1998 and shall come into force on 1st August 1998.
Preliminary
2
The Motor Vehicles (Tests) Regulations 1981 shall be further amended in accordance with the following provisions of these Regulations.
Amendments to regulation 3 (interpretation)
3
In regulation 3, in paragraph (1) —
a
in the sub-paragraph which begins with the expression “agricultural motor vehicle” —
i
there shall be inserted, before the expression “Ministry Plate”, the expression “minibus”; and
ii
for “Regulation 3(1)” there shall be substituted “regulation 3(2)”; and
b
after the definition of the expression “authorisation” there shall be inserted the following —
“child restraint”, “disabled person’s belt”, “forward-facing seat” and “seat belt” have the meanings given by regulation 47(8) of the Construction and Use Regulations ;
.
Amendments to regulation 4 (the prescribed statutory requirements)
4
In regulation 4, in the Table in paragraph (2) —
a
after item 3 there shall be inserted the following item —
3A IVA Paragraph 3A of Schedule 2
;
b
after item 4 there shall be inserted the following item —
4A VA Paragraph 4A of Schedule 2
; and
c
after item 5 there shall be inserted the following item —
5A VIA Paragraph 5A of Schedule 2
.
Amendments to regulation 5 (classification of vehicles and application of Regulations)
5
1
Regulation 5 shall be amended as follows.
2
In paragraph (1) for the entries relating to Classes IV , V and VI there shall be substituted —
Class IV: Motor cars and heavy motor cars not being vehicles within Classes III , IVA, V, VA, VI, VIA or VII Class IVA: Minibuses, other than vehicles to which paragraph (4) applies, not being vehicles within Classes III, V, VA, VI or VIA, in respect of which any forward-facing seat is fitted with a relevant seat belt Class V:
Motor vehicles not being vehicles within Class VA which are —
Large passenger-carrying vehicles;
Public service vehicles —
of a type specified in paragraph (3), and
constructed or adapted to carry more than 12 seated passengers, and
Play buses
Class VA:
Motor vehicles, other than vehicles to which paragraph (4) applies, which are —
Large passenger-carrying vehicles;
Public service vehicles —
of a type specified in paragraph (3), and
constructed or adapted to carry more than 12 seated passengers, and
Play buses,
in respect of which any forward-facing seat is fitted with a relevant seat belt
Class VI: Public service vehicles, other than those of a type specified in paragraph (3), not being vehicles within Class VIA Class VIA: Public service vehicles, not being vehicles to which paragraph (4) applies, other than those of a type specified in paragraph (3), in respect of which any forward facing seat is fitted with a relevant seat belt
.
3
In paragraph (3) for “Class V” there shall be substituted “Class V or VA”.
4
After paragraph (3) there shall be added the following paragraphs —
4
This paragraph applies to vehicles, in respect of which —
a
a certificate of initial fitness has been issued on or after 1st August 1998; or
b
one or more forward-facing seats are fitted with a relevant seat belt, which, when so equipped, are of a type of vehicle in respect of which the Secretary of State is satisfied that the vehicle manufacturer holds —
i
an approval issued by or on behalf of the approval authority of an EEA State confirming compliance with the installation requirements of Community Directives 77/541 , 82/319 , 90/628 or 96/36 ; and
ii
either —
A
an approval issued by or on behalf of the approval authority of an EEA State confirming compliance with the technical and installation requirements of Community Directives 76/115 , 81/575 , 82/318 , 90/629 or 96/38 ; or
B
an approval issued by or on behalf of the competent authority of a contracting State confirming compliance with the technical and installation requirements of ECE Regulation 14, 14.01, 14.02 or 14.03.
5
In this regulation —
“approval authority” has the same meaning as in Community Directive 70/156 ;
“certificate of initial fitness” has the same meaning as in section 6 of the Public Passenger Vehicles Act 1981 ;
“contracting State” means a State which is a party to the International Agreement;
“EEA State” means a State which is a contracting party to the EEA Agreement;
“EEA Agreement” means the agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;
“ECE Regulation” and “Community Directive” have the meanings given by regulation 3(2) of the Construction and Use Regulations;
“the International Agreement” means the Agreement concerning the adoption of uniform conditions of approval for motor vehicle equipment and parts and reciprocal recognition thereof concluded at Geneva on 20th March 1958 as amended to which the United Kingdom is a party ; and
“relevant seat belt” means a seat belt, not being a disabled person’s belt or a child restraint, which —
is fitted other than as required by regulation 47 of the Construction and Use Regulations; and
on or after 1st August 1998 either —
has not undergone an examination and been found to comply with the prescribed statutory requirements referred to in item 28A in paragraph 3A of Schedule 2; or
has undergone an examination and been found so to comply but is fitted in a vehicle in respect of which no test certificate has been issued to the effect that that is the case.
Amendment to regulation 6 (exemptions)
6
In regulation 6, in paragraph (3)(a), for “VI” there shall be substituted “VIA”.
Amendments to regulation 12 (applications for examinations)
7
In regulation 12, in paragraphs (1), (1A) and (2), for “Class VI” there shall be substituted “Class VI or VIA”.
Amendment to regulation 13 (requirements as to vehicles submitted for examinations)
8
In regulation 13, in paragraph (1)(f), for “Class VI” there shall be substituted “Class VI or VIA”.
Amendments to regulation 15 (results of examinations)
9
In regulation 15, in paragraphs (3)(a) and (b), for “Class VI” there shall be substituted “Class VI or VIA”.
Amendment to regulation 16 (refusal of a test certificate where braking test cannot be carried out)
10
In regulation 16, in paragraph (2), for “Class VI” there shall be substituted “Class VI or VIA”.
Amendments to regulation 20 (fees for examinations)
11
1
Regulation 20 shall be amended as follows.
2
In each provision specified in column (1) of the Table below for the amount specified in relation to that provision in column (2) of that Table there shall be substituted the amount so specified in column (3) of that Table.
TABLE
(1) (2) (3) Regulation Existing Amount Substituted Amount
20(1)(a) £12.33 £12.74 20(1)(aa) £20.64 £21.28 20(1)(b) £24.12 £25.02 20(1)(e)(i) £39.70 £45.90 20(1)(e)(ii) £28.20 £32.70 20(1)(f) £31.60 £32.77
3
In paragraph (1) —
a
for sub-paragraph (c) there shall be substituted —
c
in the case of a vehicle in Class IV —
i
if the vehicle is a minibus, £32.62,
ii
in any other case, £30.87;
ca
in the case of a vehicle in Class IVA, £37.26;
;
b
for sub-paragraph (d) there shall be substituted —
d
in the case of a vehicle in Class V —
i
if the vehicle is constructed or adapted to carry more than 16 passengers, £51.88,
ii
in any other case, £38.08;
da
in the case of a vehicle in Class VA —
i
if the vehicle is constructed or adapted to carry more than 16 passengers, £74.60,
ii
in any other case, £46.55;
; and
c
after sub-paragraph (e) there shall be inserted —
ea
save as provided in paragraphs (4A) and (4B), in the case of a vehicle in Class VIA —
i
if the vehicle is constructed or adapted to carry more than 16 passengers, £76.90,
ii
in any other case, £42.00;
.
4
In paragraphs (2A), (2B), (3), (5A), (5B) and (6) for “Class VI” there shall be substituted “Class VI or VIA”.
5
In paragraph (3A) for “Class VI” there shall be substituted “Class IVA, VA, VI or VIA”.
6
After paragraph (3A) there shall be inserted the following paragraphs —
3B
Subject to paragraph (3C), where, on an examination of a vehicle in Class IVA or VA, it is found that some or all of the prescribed statutory requirements, other than those referred to in item 28A in paragraph 3A of Schedule 2, are not complied with, then, provided the vehicle is re-examined at the same vehicle testing station where it failed the examination, the fee payable for the re-examination shall be calculated as if the vehicle was in Class IV or V respectively.
3C
No fee shall be payable for the re-examination of a vehicle in Class IVA or VA, in respect of which it is found that some or all of the prescribed statutory requirements, other than those referred to in item 28A in paragraph 3A of Schedule 2, are not complied with if —
a
the vehicle is re-examined in the circumstances referred to in paragraph (3A)(a); and
b
the re-examination relates only to one or more of the matters referred to in paragraph (3A)(b).
7
In paragraph (4) for the Table there shall be substituted the following Table —
TABLE
FEES RELATING TO THE RE-EXAMINATION OF VEHICLES IN CLASS VI
Column 1 Column 2 Column 3 Column 4 Column 5 Description of Vehicle Normal Fee Out of Hours Fee Designated Premises Fee Out of Hours at Designated Premises Fee
Vehicles in Class VI constructed or adapted to carry more than 16 passengers.
a
£23.00, if the vehicle is submitted for a further examination within 14 days of the date of the issue of the notice of refusal of a test certificate, or
b
£45.90, in any other case.
a
£36.70, in the circumstances described in paragraph (a) of the entry in column 2, or
b
£73.40, in any other case.
a
£26.50, in the circumstances described in paragraph (a) of the entry in column 2, or
b
£52.10, in any other case.
a
£40.20, in the circumstances described in paragraph (a) of the entry in column 2, or
b
£79.60, in any other case.
Other vehicles in Class VI.
a
£16.40, if the vehicle is submitted for a further examination within 14 days of the date of the issue of the notice of refusal of a test certificate, or
b
£32.70, in any other case.
a
£26.40, in the circumstances described in paragraph (a) of the entry in column 2, or
b
£52.70, in any other case.
a
£19.90, in the circumstances described in paragraph (a) of the entry in column 2, or
b
£38.90, in any other case.
a
£29.90, in the circumstances described in paragraph (a) of the entry in column 2, or
b
£58.90, in any other case.
8
After paragraph (4) there shall be inserted the following paragraphs —
4A
Where, on an examination of a vehicle of a description specified in column 1 of the Table, it is found that some or all of the prescribed statutory requirements, including those referred to in item 28A in paragraph 3A of Schedule 2, are not complied with, then the fee payable in respect of a further examination —
a
subject to sub-paragraph (c), in a case where the time appointed for the further examination is, at the applicant’s request, out of hours, shall be as shown in column 3 of the Table in relation to a vehicle of that description;
b
subject to sub-paragraph (c), in a case where the vehicle testing station appointed for an examination is, at the applicant’s request, one which was designated under section 8(3) of the 1981 Act after 10th April 1995, shall be as shown in column 4 of the Table in relation to a vehicle of that description;
c
in a case where both sub-paragraph (a) and (b) apply, shall be as shown in column 5 of the Table in relation to a vehicle of that description, and
d
in any other case, shall be as shown in column 2 of the Table in relation to a vehicle of that description.
TABLE
FEES RELATING TO THE RE-EXAMINATION OF VEHICLES IN CLASS VIA
Column 1 Column 2 Column 3 Column 4 Column 5 Description of Vehicle Normal Fee Out of Hours Fee Designated Premises Fee Out of Hours at Designated Premises Fee
Vehicles in Class VIA constructed or adapted to carry more than 16 passengers.
a
£36.10, if the vehicle is submitted for a further examination within 14 days of the date of the issue of the notice of refusal of a test certificate, or
b
£76.90, in any other case.
a
£49.80, in the circumstances described in paragraph (a) of the entry in column 2, or
b
£104.40, in any other case.
a
£39.60, in the circumstances described in paragraph (a) of the entry in column 2, or
b
£83.10, in any other case.
a
£53.30, in the circumstances described in paragraph (a) of the entry in column 2, or
b
£110.60, in any other case.
Other vehicles in Class VIA.
a
£19.40, if the vehicle is submitted for a further examination within 14 days of the date of the issue of the notice of refusal of a test certificate, or
b
£42.00, in any other case.
a
£29.40, in the circumstances described in paragraph (a) of the entry in column 2, or
b
£62.00, in any other case.
a
£22.90, in the circumstances described in paragraph (a) of the entry in column 2, or
b
£48.20, in any other case.
a
£32.90, in the circumstances described in paragraph (a) of the entry in column 2, or
b
£68.20, in any other case.
4B
Where, on an examination of a vehicle in Class VIA, it is found that some or all of the prescribed statutory requirements, other than those referred to in item 28A in paragraph 3A of Schedule 2, are not complied with, or when, in the circumstances mentioned in regulation 16, a full examination of the braking system or systems of the vehicle is not carried out, then the fee payable in respect of a further examination shall be calculated in accordance with paragraph (4) above as if the vehicle was in Class VI.
9
In paragraph (5) for the words “paragraph (1) and (4)” there shall be substituted the words “paragraphs (1), (4), (4A) and (4B)”.
10
In paragraph (7) for the words “fee prescribed in paragraph (4)” there shall be substituted the words “fees prescribed by paragraphs (4) and (4B)”.
Amendments to regulation 23 (duplicate test certificates)
12
1
Regulation 23 shall be amended as follows.
2
In paragraph (1) for “Class VI”, in both places where it occurs, there shall be substituted “Class VI or VIA”.
3
In paragraph (2) for sub-paragraphs (a) and (b) there shall be substituted —
a
a fee of £10.00; or
b
if less, a fee which is half of the relevant fee specified in regulation 20(1), provided that when that would have the result that the amount payable would include a fraction of a penny then the amount payable shall be adjusted downwards to the nearest penny;
.
Amendment to regulation 25 (forms)
13
In regulation 25, in paragraph (2), for “£49.00” there shall be substituted “£58.00”.
Amendments to Schedule 2
14
1
Schedule 2 shall be amended as follows.
2
In paragraph 2 (the prescribed statutory requirements for vehicles in Class III) in the table in sub-paragraph (b), for item 19 there shall be substituted —
19 46, 47 and 48 Seat Belts and Anchorages fitted in accordance with the said regulations 46 and 47 19A 100(1) (insofar as it relates to the condition of the seat belts and anchorages) Seat Belts, other than those referred to in item 19 above, and their anchorages
3
After paragraph 3 (the prescribed statutory requirements for vehicles in Class IV) there shall be inserted —
THE PRESCRIBED STATUTORY REQUIREMENTS FOR VEHICLES IN CLASS IVA
3A
a
The requirements specified in items 2, 3, 4 and 7 to 28 in paragraphs 1 to 3 above.
b
The requirements contained in the following provision of the Construction and Use Regulations: —
Item No. Regulations Affecting
28A 100(1) (insofar as it relates to the manner in which the seat belts and anchorages have been installed including, in the case of a seat which incorporates integral seat belt anchorages, the system by which the seat assembly itself is secured to the vehicle structure) Seat Belts, other than child restraints, disabled person’s belts or those referred to in item 19 of paragraph 2 above, fitted to forward facing seats, and their anchorages
4
After paragraph 4 (the prescribed statutory requirements for vehicles in Class V) there shall be inserted —
THE PRESCRIBED STATUTORY REQUIREMENTS FOR VEHICLES IN CLASS VA
4A
The requirements specified in items 2, 3, 4, 7 to 13, 16 to 20, 22, 24 to 26 and 28 to 33 in paragraphs 1 to 4 above.
5
In paragraph 5 (the prescribed statutory requirements for vehicles in Class VI) in sub-paragraph (a), for “26 and 28 to 33” there shall be substituted “26, 28 and 29 to 33”.
6
After paragraph 5 there shall be inserted —
THE PRESCRIBED STATUTORY REQUIREMENTS FOR VEHICLES IN CLASS VIA
5A
a
The requirements specified in items 2, 3, 4, 7 to 13, 16 to 20, 22, 24 to 26, 28 to 38 and 79 in paragraphs 1 to 5 above.
b
For minibuses of a type mentioned in regulation 41 of the Construction and Use Regulations, the requirements specified in items 64 to 78 in paragraph 5 above.
c
The requirements of the Community Recording Equipment Regulation insofar as they relate to the installation of recording equipment and the seals to be affixed to such equipment.
7
In paragraph 6 (the prescribed statutory requirements for vehicles in Class VII), for “and 15 to 29A in paragraphs 1 to 5 above” there shall be substituted “, 15 to 28, 29 and 29A in paragraphs 1 to 4 above”.
Signed by authority of the Secretary of State
Helene Hayman
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
9th July 1998