text:
PART I
PRELIMINARY
Citation and commencement
1
This Order may be cited as the Port of Birkenhead Harbour Empowerment Order 1998 and shall come into force on 22nd April 1998.
Interpretation
2
1
In this Order —
“the 1847 Act ” means the Harbours, Docks, and Piers Clauses Act 1847 ;
“ the Company ” means Birkenhead Port Limited;
“Dockmaster of the Company” has the meaning given by paragraph (5)(b) of article 3 of this Order;
“deposited plans” and “deposited sections” mean respectively the plans and sections prepared in triplicate, signed by Head of Ports Division in the Department of the Environment, Transport and the Regions and marked “The Port of Birkenhead Harbour Empowerment Order 1998” of which copies are deposited at the offices of the Secretary of State for the Environment, Transport and the Regions, the offices of MDHC and the registered office of the Company;
“the Harbour Master ” means the harbour master appointed by MDHC under the Mersey Docks and Harbour Acts and Orders 1857 to 1992 and includes his deputies and assistants;
“ level of high water ” means the level of mean high-water springs;
“ limits of deviation ” means the limits of deviation shown on the deposited plans;
“ limits of jurisdiction ” means the area described in article 4 of this Order;
“MDHC” means The Mersey Docks and Harbour Company;
“the port premises ” means the works and the land and premises at any time belonging to, vested in or occupied by the Company and used, intended to be used or set aside for the purposes of, or in connection with, the commercial management and operation of the works;
“ the river ” means the river Mersey;
“ tidal work ” means so much of any work authorised by this order as is on, under or over tidal waters or tidal lands below the level of high water;
“ Trinity House ” means the Corporation of Trinity House of Deptford Strond;
“ the undertaking ” means the undertaking of the Company within the limits of jurisdiction as authorised by this Order;
“ vessel ” means a ship, boat or craft of any description and includes any other thing constructed or adapted for floating on or being submersed in water (whether permanently or temporarily); and includes a hovercraft within the meaning of the Hovercraft Act 1968 or any other amphibious vehicle or a seaplane;
“the works” means Works Nos. 1 to 3 authorised by article 5 of this Order, and any works constructed under article 7 of this Order for or in connection with or subsidiary to any of those works and includes those works as reconstructed, altered, replaced or relaid under paragraph (2) of the said article 5.
2
All situations, points, directions, distances, lengths, dimensions, areas and other measurements stated in this Order shall be construed as if the words “or thereabouts” were inserted after each such situation, point, direction, distance, length, dimension, area or other measurement.
3
Reference points specified in this Order shall be construed as references to Ordnance Survey National Grid reference points.
4
Any reference in this Order to a work identified by the number of such work shall be construed as a reference to the work of that number authorised by this Order.
Incorporation of Harbours, Docks, and Piers Clauses Act 1847
3
1
The 1847 Act (except sections 6 to 25, 31, the proviso to section 32, sections 42, 48 to 50, 60 to 63, 66, 67, 73, and 77 to 82), so far as applicable to the purposes and not inconsistent with the provisions of this Order, is hereby incorporated with this Order subject to the modifications stated in paragraphs (2) to (5) below.
2
Section 69 shall have effect as if for the words from “shall forfeit” to the end of the section there were substituted the words “shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale”.
3
Subject to article 20 of this Order, the byelaws which the Company may make by virtue of section 83 shall include such byelaws as they think fit for all or any of the following purposes —
a
the management, control and regulation of the port premises and of goods, wares, merchandise and vehicles using or passing over or frequenting or resorting to the port premises;
b
the control and regulation of vessels being within the prescribed limits;
c
the conduct of persons using or being on the port premises and the control or prohibition of smoking by such persons; and
d
safety precautions to be observed by persons on vessels being within the prescribed limits or persons using or being on the port premises.
4
a
Section 85 shall have effect as if for the words from “in the prescribed manner” to the end of the section there were substituted the words “by the Secretary of State”.
b
The provisions of section 236(3) to (8) and (11) and 238 of the Local Government Act 1972 shall apply to any byelaws made by the Company under the said section 83 as incorporated with this Order; and those provisions, in their application to any such byelaws, shall have effect as if the references to a local authority were references to the Company.
c
Subsection (7) of the said section 236, in its application to any such byelaws, shall have effect as if —
i
after the words “The confirming authority may confirm” there were inserted the words “with or without modifications”; and
ii
there were added at the end the following proviso —
Provided that, where the Secretary of State proposes to make a modification to a byelaw which appears to him to be substantial, he shall inform the Company and require them to take any steps which he considers to be necessary for informing persons likely to be concerned with the modification; and he shall not confirm the byelaws until such period has elapsed as he thinks reasonable for the consideration of, and comment upon, the proposed modification by the Company and by any other persons who have, or are likely to have, been informed of it.
.
d
The said section 238, in its application to any such byelaws, shall have effect as if the reference to the proper officer of the authority were a reference to the secretary of the Company.
5
In construing the provisions of the 1847 Act as incorporated with this Order —
a
the expression “the special Act ” means this Order, the expressions “the Promoters of the undertaking” and “the undertakers” mean the Company, and the expression “the harbour, dock or pier” means the works;
b
the expression “the harbour master” means the person appointed by the Company to be the Dockmaster with reference to the works (in this Order referred to as “the Dockmaster of the Company”);
c
the meaning of the word “vessel” as defined in this Order shall be substituted for the meaning assigned to that word by section 3 of the 1847 Act;
d
section 52 of the 1847 Act shall extend to empower the Dockmaster of the Company to give directions prohibiting the mooring of vessels within the prescribed limits;
e
the reference in section 53 of the 1847 Act to notice of a direction by the harbour master served upon a vessel shall not be construed as requiring the notice to be in writing if in the circumstances it is not reasonably practicable for the Dockmaster of the Company to serve a written notice on the master, and in such circumstances the said reference may be construed as including the communication of the notice orally or otherwise.
PART II
LIMITS OF JURISDICTION
Limits of jurisdiction
4
1
The area within which the Company shall exercise jurisdiction as a harbour authority and within which the powers of the Dockmaster of the Company shall be exercised shall comprise the port premises together with so much of the river as lies within the area marked “Limit of jurisdiction” on the deposited plans.
2
The jurisdiction of the Company as a harbour authority and the powers of the Dockmaster of the Company conferred under or by virtue of this Order shall be exercised only in relation to vessels going to, moored at or departing from the works and, without prejudice to the generality of the foregoing, shall not be exercised in relation to any vessel navigating or at anchor in the river unless any such vessel is obstructing the approaches to the works.
3
In case of conflict between any direction given by the Harbour Master and any direction given by the Dockmaster of the Company, the direction of the Harbour Master shall prevail.
PART III
WORKS
Power to construct works
5
1
Subject to the provisions of this Order, the Company may within in the lines and situations and within the limits of deviation shown on the deposited plans and according to the levels shown on the deposited sections, construct and maintain the works hereinafter described, with all necessary works and conveniences connected therewith —
Work No. 1
An approach bridge of reinforced concrete deck on tubular steel piles, with steel linkspan and floating pontoon providing berths and associated facilities for vessels, commencing at a point on the quay edge 112 metres south east of the south east corner of Wallasey Dock at a point at SJ 32781 89800, proceeding thence in an easterly direction for 144 metres and terminating at a point at SJ 32923 89777.
Work No. 2
A series of dolphins of reinforced concrete deck on tubular steel piles, with interlinking steel walkways, commencing at the termination of Work No. 1, proceeding thence in a northerly direction for 236 metres and terminating at a point at SJ 32862 90005.
Work No. 3
A series of dolphins of reinforced concrete deck on tubular steel piles, with interlinking steel walkways commencing at the termination of Work No. 1, proceeding thence in a southerly direction for 239 metres and terminating at a point at SJ 32984 89546.
2
Subject to the provisions of this Order, the Company may, within the limits of deviation, reconstruct, alter, replace or relay the works and may maintain the same as reconstructed, altered, replaced or relaid.
Power to deviate
6
In the construction of the works the Company may deviate laterally from the lines or situations thereof shown on the deposited plans to any extent not exceeding the limits of deviation and may deviate vertically from the levels of those works shown on the deposited sections to any extent not exceeding 3 metres upwards and to any extent downwards as may be found necessary or convenient.
Subsidiary works
7
Subject to the provisions of this Order, the Company may from time to time within the limits of deviation erect, construct and maintain whether temporarily or permanently all such works and conveniences as may be requisite or expedient for the purposes of or in connection with the construction, maintenance or use of the works.
Period for completion of works
8
If the works are not completed within ten years from the coming into force of this Order or such extended time as the Secretary of State may on the application of the Company allow, then on the expiration of that period or such extended time (as the case may be) the powers by this Order granted to the Company for making and maintaining the works shall cease except as to so much thereof as is then substantially commenced.
Power to dredge
9
1
Subject to article 25 of this Order, the Company may, for the purposes of constructing and maintaining the works and of affording access to the works by vessels from time to time deepen, dredge, scour, cleanse, alter and improve so much of the bed, shores and channels of the river as adjoin or are near to the works and may use, appropriate or dispose of the materials (other than wreck within the meaning of Part IX of the Merchant Shipping Act 1995 ), from time to time dredged by them.
2
No materials so dredged, other than those dredged for the purpose of constructing the works, shall be deposited below the level of high water except in such places and in accordance with such conditions and restrictions as may be approved or prescribed by the Secretary of State.
3
The Company shall consult with MDHC before exercising the powers conferred on them by this article.
Obstruction of works
10
Any person who intentionally obstructs any person acting under the authority of the Company in setting out the lines of the works, or who interferes with, moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Tidal works not to be executed without approval of Secretary of State
11
1
A tidal work shall not be constructed, reconstructed, altered, replaced or relaid except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by him before the work is begun.
2
If a tidal work is constructed, reconstructed, altered, replaced or relaid in contravention of paragraph (1) above or of any condition or restriction imposed under the said paragraph —
a
the Secretary of State may by notice in writing require the Company at their own expense to remove the tidal work or any part thereof and restore the site thereof to its former condition; and if, on the expiration of 30 days from the date when the notice is served upon the Company they have failed to take reasonable steps to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; or
b
if it appears to the Secretary of State urgently necessary so to do, he may remove the tidal work, or part of it, and restore the site to its former condition,
and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Company.
Lights on tidal works during construction
12
1
The Company shall at or near a tidal work during the whole time of the construction, reconstruction, alteration, replacement or relaying thereof, exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as the Secretary of State or MDHC or as, failing agreement between them, the Secretary of State shall from time to time direct.
2
If the Company fail to comply in any respect with any direction given under this article, they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Provision against danger to navigation
13
1
In case of injury to or destruction or decay of a tidal work or any part thereof the Company shall as soon as reasonably practicable notify Trinity House and MDHC and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House or MDHC or as, failing agreement between them, Trinity House shall from time to time direct.
2
If the Company fail to notify Trinity House and MDHC as required by paragraph (1) above or to comply with any requirement of a direction given under the said paragraph they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Abatement of works abandoned or decayed
14
1
Where a tidal work is abandoned, or suffered to fall into decay, the Secretary of State or MDHC may by notice in writing require the Company at their own expense either to repair and restore the work or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State or MDHC or as, failing agreement between them, the Secretary of State thinks proper.
2
Where a work consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State or MDHC may include that part of the work, or any portion thereof, in any notice under this article.
3
If, on the expiration of 30 days from the date when a notice under this article is served upon the Company, they have failed to comply with the requirements of the notice, the Secretary of State or MDHC may execute the works specified in the notice and any expenditure incurred by him or MDHC in so doing shall be recoverable from the Company.
Survey of tidal works
15
If the Secretary of State or MDHC deems it expedient to do so, the Secretary of State or MDHC may order a survey and examination of a tidal work or of the site upon which it is proposed to construct the work, and any expenditure incurred by the Secretary of State or MDHC in any such survey and examination shall be recoverable from the Company.
Permanent lights on tidal works
16
1
After the completion of a tidal work the Company shall at the outer extremity thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps, if any, for the prevention of danger to navigation as Trinity House or MDHC or as, failing agreement between them, Trinity House may from time to time direct.
2
If the Company fail to comply in any respect with a direction given under paragraph (1) above they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
PART IV
MISCELLANEOUS AND GENERAL
Power to mortgage port premises
17
The Company may mortgage, charge or otherwise encumber the port premises.
Power to make charges
18
1
Subject to paragraph (2) below, the Company may make such reasonable charges as they think fit for services and facilities provided by them.
2
Paragraph (1) above does not authorise the levying of ship, passenger or goods dues within the meaning of the Harbours Act 1964.
3
Nothing in this article shall affect any power of the Company to demand, take or recover charges which they may have under or by virtue of any enactment or rule of law.
Power to appropriate berths, etc.
19
1
Notwithstanding anything in any enactment, the Company may set apart or appropriate any berths, land or facilities within the port premises for the exclusive or preferential use and accommodation of any particular trade, person, activity, vessel or goods or any class of trades, person, activities, vessels or goods, subject to such terms and conditions as the Company think fit.
2
No person or vessel shall make use of any berth, land or facilities set apart or appropriated under this article without the consent of the Dockmaster of the Company and he may order any person or vessel making use thereof without such consent to leave or be removed and the provisions of section 58 (Power of harbour master as to moving of vessels in harbour) of the 1847 Act shall extend and apply mutatis mutandis to and in relation to any such vessels.
Further provisions as to byelaws
20
1
The Company shall consult MDHC and the Environment Agency not less than three months before making any byelaws under or by virtue of this Order.
2
The Company shall not under or by virtue of this Order —
a
make any byelaw for the control or regulation of vessels not going to, moored at or departing from the works;
b
make any byelaw which in the reasonable opinion of the Harbour Master would conflict with any byelaws made by MDHC or with any powers exercisable by MDHC or the Harbour Master for the regulation of navigation in the river; or
c
make any byelaw regulating any vessel owned or used by MDHC or regulating the conduct of officers of MDHC whilst in the exercise of their duties as such.
3
The Company shall not make any byelaw under or by virtue of this Order so as to conflict with any byelaws of the Environment Agency.
Local inquiries
21
The Secretary of State may cause to be held such inquiries as he may consider necessary in regard to the exercise of any powers or duties conferred or imposed upon him and the giving of any consent or approval under this Order, and subsections (2) to (5) of section 250 of the Local Government Act 1972 shall apply to any such inquiry as if it were an inquiry held in pursuance of subsection (1) of that section and the Company were a local authority.
Defence of due diligence
22
1
a
In proceedings for an offence under any provision of this Order mentioned in sub-paragraph (b) below it shall be a defence for the Company to prove that they took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.
b
The provisions referred to in sub-paragraph (a) above are —
article 12;
article 13; and
article 16.
2
If in any case the defence provided by sub-paragraph (a) of paragraph (1) above involves the allegation that the commission of the offence was due to the act or default of another person, the Company shall not, without leave of the court, be entitled to rely on that defence unless, within a period of seven clear days before the hearing, they have served on the prosecutor a notice in writing giving such information identifying, or assisting in the identification of, that other person as was then in their possession.
Power to remove goods
23
1
If any goods are left on or in any part of the port premises the Company may require the owner of the goods to remove them; and if the goods are not so removed within six hours after such requirement the Company may cause them to be removed to the Company’s or any other public warehouse or store; and such removal shall be carried out at the expense and risk of the owner:
Provided that notwithstanding such removal on behalf of the Company, the goods shall be subject to a lien for the cost of removal, and for any charges payable to the Company by the owner in respect of the goods.
2
In this article, “goods” includes vehicles and equipment.
Obstruction of officers
24
1
Any person who —
a
intentionally obstructs an officer of the Company acting in pursuance of this Order;
b
without reasonable excuse fails to comply with a requirement properly made by such an officer; or
c
without reasonable excuse fails to give such an officer any information which he may require for the purpose of the performance of his functions,
shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
Any person who in giving such information as is mentioned in sub-paragraph (c) above makes a statement which he knows to be false shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Crown rights
25
1
Nothing in this Order shall affect prejudicially any estate, right, power, privilege, authority or exemption of the Crown and, in particular and without prejudice to the generality of the foregoing, nothing in this Order shall authorise the Company to take, use, enter upon or in any manner interfere with, any land or hereditaments or any rights of whatsoever description (including any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary) —
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those Commissioners; or
b
belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that government department.
2
A consent under paragraph (1) above may be given unconditionally or subject to such conditions and upon such terms as shall be considered necessary or appropriate.
Saving for Trinity House
26
Nothing in this Order shall prejudice or derogate from any of the rights, duties or privileges of Trinity House.
Protection of The Mersey Docks and Harbour Company
27
1
The Schedule to this Order shall have effect for protecting the interests of MDHC (being a body which may be affected by other provisions of this Order).
2
Where under the Schedule to this Order any difference is to be determined by arbitration, the difference shall be referred to, and settled by, a single arbitrator to be agreed between the parties or, in default of agreement, to be appointed on the application of either party, after notice in writing to the other, by the President of the Institution of Civil Engineers.
Exclusion of certain enactments
28
The following enactments shall not apply to vessels moored or loading or discharging cargoes at the port premises —
a
section CIII (As to vessels loading or discharging in the River) of the Mersey Dock Acts Consolidation Act 1858 ;
b
section 30 (Power to make byelaws regulating time during which vessels may remain in Mersey or sea approaches) of the Mersey Docks and Harbour Board Act 1889 .
Signed by authority of the Secretary of State for Environment, Transport and the Regions
Glenda Jackson
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
6th April 1998


type: legislation

jurisdiction: UK

text:
PRELIMINARY
Title and commencement
1
1
This Order may be cited as the National Savings Stock Register (Closure of Register to Gilts) Order 1998.
2
Articles 1 to 29 of this Order shall come into force on 3rd July 1998 and article 30 thereof shall come into force on the specified day.
Interpretation
2
1
In this Order, except where the context otherwise requires —
“ the Bank ” means the Bank of England;
“Bank legislation” means any enactment or subordinate legislation, within the meaning of the Interpretation Act 1978 , relating to the books of the Bank or to gilts registered therein, including any applicable provisions of this Order;
“ the Commissioners ” means the National Debt Commissioners;
“gilts” means stock or bonds of any of the descriptions included in Part I of Schedule 11 to the Finance Act 1942 ;
“the National Savings Regulations ” means the National Savings Stock Register Regulations 1976 ;
“nomination” means a nomination made and recorded in accordance with the National Savings Regulations , and “nominator” means the person who made such a nomination;
“qualifying application” means any application properly made to the Director of Savings in accordance with any provision of the National Savings Regulations;
“ the Register ” means the National Savings Stock Register;
“the specified day” means 20th July 1998;
“stock” means stock or securities registered in the Register;
“transitional gilts” means any gilts which are transferred to the books of the Bank by article 4 below; and
“the transitional weekend” means the period beginning at 5 pm on 17th July 1998 and ending at the beginning of the specified day.
2
Where any provision of this Order is expressed to apply, on or after the specified day, where any thing is done before that day, that provision shall be construed as applying also where that thing has been done before the commencement of this Order.
CLOSURE AND TRANSFER
Exclusion of gilts from registration in the Register
3
Gilts shall be excluded from registration in the Register on and after the specified day.
Transfer of existing gilts registrations to the books of the Bank
4
1
At the beginning of the specified day, all entries in the Register which relate to gilts shall be transferred, by virtue of this paragraph, to the books of the Bank.
2
The Director of Savings shall amend the Register, and the Bank shall amend its books, to reflect the transfer effected by paragraph (1) above, and any such amendment shall have effect from the beginning of the specified day regardless of when the Register and the books are actually amended.
3
Where, at the beginning of the specified day, any gilts were not registered in the Register but should have been, those gilts shall be transferred, by virtue of this paragraph, to the books of the Bank and the Bank shall, when the circumstances come to its attention, rectify its books accordingly.
Transfer to the Bank of rights and liabilities of the Director of Savings
5
1
Subject to article 15 below, on the specified day the rights and liabilities described in paragraph (2) below shall, by virtue of this paragraph, be transferred from the Director of Savings to the Bank.
2
The rights and liabilities are all the rights and liabilities of the Director of Savings arising before the specified day in relation to the registration of gilts or any transaction associated therewith.
APPLICATIONS AND PROCEEDINGS
Applications to exchange gilts in the Register for gilts in the books of the Bank
6
1
The Director of Savings may, in the circumstances described in paragraph (2) below, decline to process, in accordance with the National Savings Regulations, any qualifying application for the exchange of any gilts in the Register for gilts of a corresponding amount and description in the books of the Bank which is received before the specified day.
2
The circumstances are that it appears to the Director of Savings that, if the application is processed in the normal manner, the exchange would not be likely to be carried into effect before the gilts are to be transferred to the Bank’s register by virtue of article 4 above.
Applications to exchange gilts in the books of the Bank for gilts in the Register
7
1
Subject to paragraph (2) below, where any application to the Bank, in accordance with regulation 17 of the National Savings Regulations, for the exchange of any gilts in the books of the Bank for gilts of a corresponding amount and description in the Register, is received before the specified day, the Bank shall not be required to process that application, save to inform the applicant that it is not processing the application in view of the pending closure and transfer to be effected by articles 3 and 4 above.
2
If an applicant requests that the application should be proceeded with notwithstanding such impending closure and transfer, the Bank may, if it thinks fit having regard to any representations made by the applicant, proceed with the application insofar as it may be given effect before the specified day.
Applications for the sale of gilts pending on the specified day
8
1
Any qualifying application under regulation 11 of the National Savings Regulations for the sale of any transitional gilts which is received before the specified day but not executed before that day shall, on and after that day, be treated as an application for the sale of those gilts through the Bank in accordance with regulations made under section 47(1ZA) of the Finance Act 1942 .
2
Any qualifying application under regulation 11A of the National Savings Regulations (which, where the Bank of England has given notice that it is prepared to purchase gilts of any description, makes provision for the Director of Savings, at the request of the holder, to offer such gilts for sale, through the Commissioners, to the Bank) requesting the Director of Savings to offer any gilts for sale through the Commissioners to the Bank which is received before the specified day but which has not resulted in the making or determination of such an offer before that day shall, on and after that day, be treated as an offer to sell those gilts to the Bank in accordance with the notice by which the Bank indicated its willingness to purchase gilts of that description.
Applications to purchase gilts pending on the specified day
9
Any qualifying application for the purchase of any gilts in the Register which is received before the specified day but not executed before that day shall, on and after that day, be treated as an application for the purchase, through the Bank, of like gilts in the books of the Bank in accordance with regulations made under section 47(1ZA) of the Finance Act 1942.
Applications to subscribe for gilts pending on the specified day
10
1
Any qualifying application to subscribe for any gilts which is received before the specified day but not determined before that day shall, on and after that day, be treated as if it had been made to the Bank in accordance with any applicable Bank legislation and the terms of the prospectus for those gilts.
2
Any qualifying application to register in the Register gilts which had been subscribed for which is received before the specified day but not executed before that day shall, on and after that day, be treated as an application to the Bank to register those gilts in its books.
3
Any application made to the Bank under regulation 5(3) of the National Savings Regulations (which enables applications to subscribe for gilts to be registered in the Register to be made to the Bank in accordance with the terms of the prospectus for those gilts) which is received before the specified day but not determined before that day shall, on and after that day, be treated as if it were an application, made in accordance with the terms of the prospectus, to subscribe for gilts to be registered in the books of the Bank.
Applications to transfer gilts pending on the specified day
11
1
Any qualifying application to make a transfer in the Register of any gilts which is received before the specified day but not carried into effect before that day shall, on and after that day, be carried into effect by the Bank in its books in accordance with applicable Bank legislation as if —
a
the application were an instrument falling within regulation 4(1) of the Government Stock Regulations 1965 , and
b
the conditions required to be fulfilled by regulation 8 of those Regulations were fulfilled.
2
For the purposes of paragraph (1), regulation 10 of the Government Stock Regulations 1965 (which provides that the Bank shall not be required to give effect to a transfer until the expiration of ten clear days after the day on which the Bank receives the instrument of transfer) shall, subject to paragraph (3) below, apply as if the Bank had received the application on the specified day.
3
Where the Director of Savings receives the application during the transitional weekend and forwards it to the Bank in accordance with article 28(4) to (6) below, the Bank shall not be treated (whether by virtue of article 25(2)(a) below or otherwise) as receiving it earlier than the day on which the Bank did in fact receive it.
Applications to exchange gilts in the Register for gilts in the books of the Bank of Ireland pending on the specified day
12
Any qualifying application for the exchange of any gilts in the Register for gilts of a corresponding amount and description in the books of the Bank of Ireland which is received before the specified day but not carried into effect, on the part of the Director of Savings, before that day shall, on and after that day, be carried into effect by the Bank of England as if —
a
it were an application for the removal of the gilts from the books of the Bank of England to the books of the Bank of Ireland under regulation 17 of the Government Stock Regulations 1965, and
b
the conditions required to be fulfilled by regulation 8 of those Regulations (which is applied by regulation 17(3) of those Regulations) were fulfilled.
Application to exchange gilts in the books of the Bank of Ireland for gilts in the Register pending on the specified day
13
1
Any application made to the Bank of Ireland in accordance with regulation 17 of the National Savings Regulations for the exchange of any gilts in the books of the Bank of Ireland for gilts of a corresponding amount and description in the Register which is received before the specified day but not carried into effect on the part of the Bank of Ireland before that day shall, on and after that day, be carried into effect by the Bank of Ireland as if —
a
it were an application for the removal of the gilts from the books of the Bank of Ireland to the books of the Bank of England under regulation 17 of the Government Stock Regulations 1965, and
b
the conditions required to be fulfilled by regulation 8 of those Regulations (which is applied by regulation 17(3) of those Regulations) were fulfilled.
2
Where any such application is carried into effect on the part of the Bank of Ireland but not on the part of the Director of Savings before the specified day, the Bank of England shall, on or after that day, cause the gilts to be registered in its books.
Old style applications made after the specified day
14
1
Articles 8 to 13 above shall apply to any transitional application as they apply to a qualifying application or, as the case may be, to an application to the Bank of England or the Bank of Ireland, pending on the specified day.
2
In this article, “transitional application” means an application which —
a
would have been a qualifying application or, as the case may be, an application made to the Bank of England or the Bank of Ireland in accordance with the National Savings Regulations, if received immediately before the specified day, but
b
is received by the Director of Savings or, as the case may be, the Bank of England or the Bank of Ireland —
i
on or after the specified day, and
ii
except in the case of an application for the transfer of gilts in the Register, before 20th July 1999.
3
This article is without prejudice to the construction of any application, except for the transfer of gilts in the Register, received on or after 20th July 1999.
Adjudications etc pending on the specified day
15
1
This article applies to any relevant proceedings which, at the beginning of the specified day, are pending in respect of any gilts.
2
Notwithstanding article 5 above, the Director of Savings, and not the Bank, shall continue to be a party to such proceedings and, subject to paragraph (3) below, any relief, including costs, awarded in such proceedings shall be satisfied, or as the case may be enjoyed, by the Director of Savings and not the Bank.
3
The Director of Savings shall give notice to the Bank of any relief which appears to require, or which may require, an amendment to be made in the books of the Bank, and the Bank shall amend its books to such extent as may be necessary to give effect to the relief.
4
Where the Director of Savings reasonably so requires for the purpose of enabling him to conduct any relevant proceedings, he may —
a
retain such records, documents or other papers that he would otherwise have been required by article 28 below to transfer to the Bank, or
b
have reasonable access to any such records, documents or papers which he has transferred to the Bank.
5
Where the Director of Savings has retained any records, documents or papers in accordance with paragraph (4) above, the Bank may have such access to them as it may reasonably require for the purpose of carrying out its own functions in relation to the registration of gilts.
6
At the conclusion of any relevant proceedings, the Director of Savings shall transfer to the Bank any records, documents or papers which he had retained under paragraph (4) above, or which had been created since the specified day in relation to the proceedings, and which remain in the possession of the Director of Savings, except to such extent and for such time (if any) as the Director considers it appropriate to retain them for any purpose connected with or arising out of those proceedings.
7
In this article, “relevant proceedings” means any proceedings on a reference under section 5(1) of the National Debt Act 1972 (which makes provision for the settlement of disputes as to holdings in the Register), and any further proceedings (whether by way of appeal or otherwise) arising out of such proceedings.
8
This article shall apply to any further proceedings (whether by way of appeal or otherwise) arising out of any relevant proceedings as if they were all part of the same relevant proceedings that were pending on the specified day and, accordingly, any such further proceedings shall be taken by or against the Director of Savings and not the Bank.
EXISTING RULES AND ARRANGEMENTS PRESERVED IN CERTAIN CASES
Transitional gilts held by minors
16
1
This article applies to any transitional gilts held by a person who, immediately before the specified day, is a minor.
2
In the case of transitional gilts to which this article applies, on and after the specified day —
a
the provisions of —
i
section 73 of the Finance ( No. 2) Act 1975 (which makes provision in relation to gilts held in the books of the Bank by persons under the age of eighteen who are not domiciled in Scotland), and
ii
regulation 14 of the Government Stock Regulations 1965 (which makes provision in relation to gilts so held by persons under the age of sixteen who are domiciled in Scotland),
shall not apply; and
b
the provisions of the National Savings Regulations specified in paragraph (3) below shall continue to apply to those gilts, subject to paragraph (4) below.
3
Those provisions are —
a
regulation 30 (which makes provision relating to the purchase, holding, sale and repayment of stock in the name of minors), and
b
regulation 31(1) (which confers certain powers on the Director of Savings in the case of minors under the age of 7 years), except insofar as it relates to mentally disordered persons.
4
Those provisions shall apply as if —
a
each reference in them to the Director of Savings were instead a reference to the Bank, and
b
the words “subscribed for, purchased” were omitted from regulation 30(1).
5
For the purposes of this article, those provisions shall not be affected by the amendment made by paragraph 2 of Schedule 1 below or by any other amendment that may be made to them after the making of this Order.
Nominations not carried fully into effect by the specified day where the nominator dies before that day
17
1
This article applies where a nominator dies before the specified day and the nomination is not carried fully into effect before the specified day in relation to any transitional gilts to which the nomination extended.
2
In such a case, those transitional gilts shall, on and after the specified day, continue to be held subject to that nomination in accordance with the relevant provisions specified in paragraph (3) below, but subject to paragraph (4) below, and the Bank shall do anything that remains to be done in accordance with those provisions to carry the nomination fully into effect in relation to those gilts.
3
The relevant provisions are —
a
any provision of the National Savings Regulations which, immediately before the specified day, applied in relation to the nomination, and
b
any provision of the Post Office Savings Bank Regulations 1910 which was applied to it at that time by regulation 39 of the National Savings Regulations.
4
Those provisions shall apply as if all references in them to the Director of Savings were references to the Bank.
Effect of nominations where the nominator does not die before the specified day
18
1
This article applies where a relevant nomination subsists immediately before the specified day and the nominator remains alive at that time.
2
For the purposes of this article, a nomination is relevant if the nominator holds any transitional gilts to which the nomination would have extended if he had died immediately before the specified day.
3
Any relevant nomination shall, on and after the specified day, —
a
continue to be governed, subject to paragraphs (8) and (9) below, by the relevant provisions, and
b
if not revoked in accordance with those provisions, have effect in accordance with paragraphs (4), (5) and (6) below.
4
Where the nomination is expressed, or deemed by regulation 70(2) of the Post Office Savings Bank Regulations 1910, to extend to all stock, it shall extend, so far as relates to gilts —
a
to any transitional gilts which, at the date of the nominator’s death, continue to be registered in his name in the books of the Bank, and
b
not in relation to any other gilts registered in his name in the books of the Bank.
5
Where a nomination is expressed to extend to a fraction of all stock, or to a portion of all stock expressed by reference to a fraction of a particular description of stock, it shall extend, so far as relates to gilts, to —
a
that fraction of all transitional gilts or, as the case may be, all transitional gilts fulfilling the description, which continue to be registered in the nominator’s name in the books of the Bank at the date of his death, and
b
no other gilts which may be registered in his name in the books of the Bank.
6
Subject to paragraph (5) above, where a nomination is expressed to extend to a portion of all stock, it shall extend, so far as relates to gilts, to —
a
all transitional gilts which —
i
continue to be registered in the nominator’s name in the books of the Bank at the date of his death, and
ii
meet the description by reference to which the portion was expressed in the nomination, disregarding for this purpose any respect in which they fail to fall within that description by reason only that they are no longer registered in the Register, and
b
no other gilts which may be registered in his name in the books of the Bank.
7
In this article, “relevant provisions” means —
a
any provision of the National Savings Regulations which, immediately before the specified day, applied in relation to the nomination, and
b
any provision of the Post Office Savings Bank Regulations 1910 which was applied to it at that time by regulation 39 of the National Savings Regulations.
8
Those provisions shall apply for the purposes of this article subject to the amendments made by paragraphs 5, 6 and 7 of Schedule 1 below.
9
Except in those amendments, any reference in those provisions to the Director of Savings shall have effect for the purposes of this article as if it were a reference to the Bank.
10
Where the terms of a relevant nomination are such that it will, or may depending on the circumstances obtaining at the date of the nominator’s death, have effect in relation to any non-gilts, the Director of Savings shall continue to record the nomination but shall provide the Bank with a copy of it, and of any associated records, in accordance with article 28(2) and (3) below.
11
Where the Director of Savings retains any original nomination or associated record, he shall afford the Bank such reasonable access to the original as the Bank may require.
12
In this article —
“all stock” means all stock registered in the Register in the name of the nominator at the date of his death; and
“non-gilts” means —
any stock, except for gilts, held by the nominator at the time of his death,
any deposits standing to the credit of the nominator in the National Savings Bank at that time, and
any sums to which the nominator is entitled at that time in respect of a savings bank annuity or insurance.
Existing arrangements for the payment of dividends
19
1
This article applies where, immediately before the specified day, any arrangements of a standing or continuing nature exist, in accordance with any provision of the National Savings Regulations, for the payment of dividends in respect of any transitional gilts.
2
In such a case, the Bank shall be entitled to pay any dividend due on or after the specified day in accordance with those arrangements, notwithstanding that those arrangements may have been made pursuant to a mandate given in accordance with the National Savings Regulations by such persons, or in such manner, that it would not (apart from this article) be a sufficient mandate to the Bank to make such payments under the relevant provisions of Bank legislation in force at the time when the dividend falls to be made.
3
Any fresh mandate falling to be given on or after the specified day, whether to replace any such arrangements in whole or to amend them in any particular, shall be given in accordance with the Bank legislation then in force.
Existing arrangements for joint holders to act by majority
20
1
This article applies where, immediately before the specified day, regulation 27 of the National Savings Regulations (which, in the case of gilts or other stock registered in the names of three or more holders, enables a majority of them to deal in, or provide authority for the payment of dividends on, those gilts, but only if an application in that behalf has been made to the Director of Savings in accordance with the provisions of that regulation) applies to any transitional gilts by virtue of such an application received before that day.
2
In such a case, on and after the specified day, that regulation shall continue to apply to the gilts, but subject to paragraphs (3) and (4) below.
3
Paragraph (3) of that regulation (which provides for the revocation of an application under that regulation) shall apply as if —
a
the reference to the Director of Savings were instead a reference to the Bank, and
b
the word “approved” meant approved by the Bank.
4
A notice of revocation given to the Bank under that paragraph as modified by paragraph (3) above shall not revoke the application insofar as that application may extend to stock in the Register.
Existing arrangements for payments into the National Savings Bank
21
1
This article applies where, immediately before the specified day, any arrangement of a standing or continuing nature exists for the payment of moneys falling due in respect of any transitional gilts to an account in the National Savings Bank under regulation 45 of the National Savings Regulations.
2
In such a case, the Bank may, if it thinks fit, continue those arrangements and make payments in accordance with them on and after the specified day.
UNCLAIMED GILTS AND MONEYS
Unclaimed dividends and redemption moneys paid to the Commissioners before the specified day
22
1
This paragraph applies where, in respect of any gilts registered in the Register, sums equal to any unclaimed moneys are, before the specified day —
a
paid to the Commissioners under regulation 43 of the National Savings Regulations, or under the Regulations revoked by those Regulations or under any earlier enactment or regulation relating to unclaimed dividends or redemption moneys on stock, and
b
not subsequently repaid by the Commissioners in accordance with any such regulation or enactment.
2
In such a case, on and after the specified day, section 5 of the Miscellaneous Financial Provisions Act 1955 (which makes provision corresponding to regulation 43 in relation to the Bank) shall apply as if the payment to the Commissioners had been made by the Bank under subsection (2) of that section.
Unclaimed stock transferred to the Commissioners before the specified day
23
1
This paragraph applies where any transitional gilts were transferred to the account kept in the Register in the name of the Commissioners called the Unclaimed Stock Account under any regulation relating to unclaimed stock in force before the National Savings Regulations.
2
In such a case, Part VII of the National Debt Act 1870 (which makes provision in connection with gilts transferred to the Commissioners under that Part) shall, on and after the specified day, apply as if those transitional gilts had been transferred to the Commissioners under that Part.
Moneys entrusted to the Director of Savings before the specified day but not treated as unclaimed before that day
24
Where any moneys are, before the specified day —
a
entrusted to the Director of Savings for payment in respect of any gilts registered in the Register, and
b
not so paid, but not treated as unclaimed in accordance with regulation 43 of the National Savings Regulations,
section 5 of the Miscellaneous Financial Provisions Act 1955 shall, on and after the specified day, apply as if those moneys had been entrusted to the Bank for payment.
MISCELLANEOUS
Existing certificates and other things to be imputed to the Bank
25
1
Any certificate issued by the Director of Savings before the specified day in relation to any transitional gilts and which is current at the beginning of the specified day shall, on and after that day, be treated as having been issued by the Bank under regulation 2 of the Government Stock Regulations 1965 in relation to the registration of those gilts in the books of the Bank.
2
For the purpose of giving effect to the transfer of rights and liabilities under article 5 above or any other provision of this Order —
a
any —
i
reference in any document to the Director of Savings, or
ii
thing done by or in relation to the Director of Savings,
shall, so far as necessary for any such purpose and subject to any other provision of this Order, be deemed, on and after the specified day, to refer to or, as the case may be, to have been done by or in relation to, the Bank, and
b
any reference in any document to the Register shall, so far as necessary for any such purpose and subject to any other provision of this Order, be deemed, on and after the specified day, to refer to the books of the Bank.
Warrants issued before the specified day
26
1
Subject to paragraph (3) below, where, in accordance with any provision of the National Savings Regulations, the Director of Savings issues, before the specified day, a warrant for the payment of any sum for the purpose of discharging any liability of the Treasury or the Director of Savings in relation to the registration of gilts in the Register or any transaction associated therewith, that warrant shall, on and after the specified day, be dealt with, treated and paid in accordance with those Regulations to any extent that it was not so dealt with or paid before that day.
2
Where, on or after the specified day, such a warrant is paid, posted or otherwise dealt with so that, in accordance with those Regulations, any liability of the Director of Savings would, if it had not been transferred to the Bank under article 5 above, have been discharged, the Bank’s liability under that article shall be discharged to the like extent.
3
The Director of Savings and the Bank may make arrangements under which the Bank undertakes the actual payment of any warrant of a kind mentioned in paragraph (1) above and in such a case, the Bank shall not fail to obtain a good discharge under paragraph (2) above by reason only that the warrant is paid by the Bank and not the Director of Savings.
Payment without a grant of representation where the holder dies before the specified day
27
Where the holder of any transitional gilts dies before the specified day and those gilts continue to be registered in his name at the beginning of the specified day —
a
regulation 6(4) of the Government Stock Regulations 1965 (which permits the Bank to transfer gilts entered in its books in the name of a deceased person without requiring production of a grant of probate, letters of administration or confirmation as executor, but only where the total value of that person’s holdings in the books does not exceed £5,000) shall, on and after the specified day, apply as if the aggregate of the value of —
i
the transitional gilts registered in the name of that holder in the Register and
ii
his holdings (if any) registered in the books of the Bank,
at the time of his death were, at that time, registered in the books of the Bank, and
b
regulation 41 of the National Savings Regulations (which makes similar provision in relation to the Register) shall, on and after the specified day, apply as if those transitional gilts had not been registered in the name of that holder in the Register at the time of this death.
Director of Savings to provide relevant records etc to the Bank
28
1
Subject to the provisions of this Order, the Director of Savings shall provide the Bank with all relevant records or (or in addition), with the agreement of the Bank, copies of such records in such form as may be agreed between them.
2
If not provided in accordance with paragraph (3) below, such records or copies shall, subject to the provisions of this Order, be provided during the transitional weekend.
3
For the purpose of facilitating the efficient implementation of this Order by the Bank on the specified day, the Director of Savings may, insofar as compatible with his responsibilities in relation to the Register until the specified day, provide any such records or copies to the Bank before the transitional weekend.
4
Where any application to which any of articles 8 to 14 above apply, or any other relevant record, is received by the Director of Savings during the transitional weekend or on or after the specified day, he shall forward that record to the Bank.
5
The Director of Savings shall be entitled to forward such records by post, or by any other means which appear to him likely to be no less quick and no less secure.
6
Without prejudice to article 29 below, neither the Director of Savings nor the Bank shall be liable for any delay arising from the forwarding of a record in accordance with paragraph (5) above nor for any loss of such a record in the post or otherwise in transit.
7
In this article, “relevant records” means, subject to paragraph (8) below, any records, documents or other papers in the possession of the Director of Savings which relate to the registration of gilts in the Register or any transaction associated therewith, except any which are, or are of a description which is, excluded by agreement between the Director of Savings and the Bank.
8
Nothing done pursuant to this article, or article 15 above, and no oral communication made, or other thing done, for the purpose of giving effect to any provision of this Order, shall be taken to infringe regulation 57 of the National Savings Regulations (which imposes an obligation of secrecy on persons employed in connection with business arising under those Regulations).
Indemnity
29
1
The Treasury, the Commissioners, the Director of Savings and the Banks of England and Ireland shall not be liable in respect of any payment duly made or act duly done or omitted in accordance with this Order, and any such payment shall, subject to paragraph (2) below, be deemed to have been a valid payment and the receipt of the person to whom the money was paid shall be a full discharge to the Treasury and, as the case may be, the Director of Savings or the Bank for the amount of the payment.
2
Nothing in paragraph (1) above shall operate to prevent the recovery by any person or his representatives of any gilts, stock or money lawfully due to him from the person to whom those gilts were, or that stock was, transferred or that money was paid, or his representatives, or affect the right which any person or his representatives may have in respect of any gilts or stock against a third party.
Amendments, repeals and revocations
30
1
Schedule 1 (amendments of primary and subordinate legislation) shall have effect.
2
The enactments and instrument specified in Schedule 2 are hereby repealed or revoked to the extent specified in the final column of that Schedule.
Graham Allen
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
11th June 1998


text:
Citation and commencement
1
This Order may be cited as the Dundee City (Electoral Arrangements) Order 1998 and shall come into force on 1st January 1999.
Interpretation
2
In the Schedule to this Order–
a
a reference to–
i
an electoral ward is a reference to that electoral ward as constituted in this Order; and
ii
a road, footpath, railway line, river, burn or canal shall, where the context so admits, be construed as a reference to the centre line of the feature concerned; and
b
the following abbreviations are used:–
“EW” for electoral ward;
“NG Ref” for National Grid Reference as published on Ordnance Survey Maps.
Electoral arrangements
3
The area of Dundee City Council shall be divided into 29 wards, having the names, contents and boundaries set forth in the Schedule to this Order.
Henry B McLeish
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
11th December 1998


text:
Citation and commencement
1
These Regulations may be cited as the Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) (Amendment) Regulations 1998 and shall come into force on 1st July 1998.
Amendment of Regulations
2
1
The Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) Regulations 1996 shall be amended as follows.
2
In regulation 14 —
a
in paragraph (1), after the word “Regulations” there shall be inserted the words “(other than a contravention of regulation 5)”; and
b
after paragraph (1), there shall be inserted the following paragraphs:
1A
If there is any contravention of regulation 5 in respect of a ship the owner and master of the ship shall each be guilty of an offence and section 131(3) of the Merchant Shipping Act 1995 shall apply as it applies to an offence under that section, so that each of the owner and master shall be liable —
a
on summary conviction, to a fine not exceeding £25,000; or
b
on conviction on indictment, to a fine.
1B
Sections 143(6) (which provides for the service of documents on foreign companies required or authorised by any statutory provision in connection with proceedings for an offence under section 131) and 146 (which provides for the enforcement and application of fines imposed for offences under Chapter II of Part VI) of the Merchant Shipping Act 1995 shall apply to an offence for a contravention of regulation 5 as they apply to an offence under section 131 of that Act.
.
3
In regulation 15, after paragraph (4), there shall be added the following paragraph:
5
Section 144(4) — (6) of the Merchant Shipping Act 1995 (which provides for the detention of ships for offences under section 131) shall apply to a detention of a ship under paragraph (3)(a) above in respect of an alleged contravention of regulation 5 as if —
a
for the words “harbour master” wherever they appear there were substituted the words “any person”;
b
for the words “harbour authority” wherever they appear there were substituted the words “Secretary of State”; and
c
in paragraph 4(c)(i) and (ii), for “£255,000” in both places where it occurs there were substituted “£30,000”.
.
Signed by authority of the Secretary of State for the Environment, Transport and Regions
Glenda Jackson
Parliamentary Under-Secretary of State
Department of the Environment, Transport and the Regions
27th April 1998


text:
1
This Order may be cited as the Civil Aviation (Investigation of Air Accidents and Incidents) (Guernsey) Order 1998 and shall come into force on 24th August 1998.
2
The provisions of the Civil Aviation (Investigation of Air Accidents and Incidents) Regulations 1996 shall, subject to the modifications specified in the Schedule to this Order, have effect in the Bailiwick of Guernsey and shall form part of the law of the Bailiwick of Guernsey.
3
1
Subject to paragraphs (3) and (4) below, the Civil Aviation (Investigation of Accidents) (Guernsey) Order 1972 (hereinafter referred to as “the 1972 Order”) is hereby revoked.
2
Subject to paragraph (4) below, any investigation commenced under the 1972 Order which has not, prior to the coming into force of this Order, been the subject of a report submitted to the Bailiff, shall continue as if it had been commenced under this Order.
3
The 1972 Order shall continue to apply in relation to an investigation which has, prior to the coming into force of this Order, been the subject of a report submitted to the Bailiff.
4
The 1972 Order shall continue to apply in relation to an investigation which has, prior to the coming into force of this Order, been the subject of a direction by the Royal Court under article 17(1) of the 1972 Order (public inquiries).
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Northern Ireland (Emergency Provisions) Act 1996 (Code of Practice) Order 1998 and shall come into force on 11th March 1998.
Code of Practice
2
The code of practice laid in draft before Parliament on 4th February 1998 in connection with the silent video recording of interviews held by police officers of persons detained under section 14(1)(a) or (b) of the Prevention of Terrorism (Temporary Provisions) Act 1989 shall come into operation on 11th March 1998.
Marjorie Mowlam
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
15th February 1998


text:
Commencement and citation
1
This Order may be cited as The A41 Trunk Road (Westminster) Red Route (No. 2) Traffic Order 1998, and shall come into force on 10th April 1998.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column 2 of the table in schedule 1;
f
“vehicle” includes part of a vehicle;
g
an entry in column (3) , (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule;
h
“bus” has the meaning given by regulation 22(2) of the Traffic Signs Regulations and General Directions 1994 ;
i
“bus stop” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stop”;
j
“bus stand” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stand”; and
k
“London Regional Transport” has the meaning given by the London Regional Transport Act 1984 .
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Buses: The controls specified in article 3(1) do not apply in respect of a person causing a bus to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3 (1) and (2) do not apply in respect of a person causing:
a
a bus to stop at a bus stop for as long as may be required to enable passengers to board or alight; or
b
a bus to stop at a bus stop or a bus stand and being used for operational reasons in the course of providing a London bus service (as defined in section 34 of the Transport Act 1985 ) under an agreement with London Regional Transport or training drivers to allow such a service to be provided.
2
In this article “operational reasons” means:
i
to enable passengers to board and alight;
ii
to enable crew changes to take place;
iii
to maintain the scheduled timetable subject, in the case of a bus stop, to a maximum wait of two minutes.
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
10
1
The A41 Trunk Road (Westminster) Red Route (No. 2) Experimental Traffic Order 1996 is hereby revoked .
2
The City of Westminster (Waiting and Loading Restriction) Order 1976 is hereby revoked insofar as its provisions relate to any part of the trunk road red route.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
30th March 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Mines (Notice of Abandonment) Regulations 1998 and shall come into force on 1st July 1998.
2
In these Regulations references to sections are to sections of the Water Resources Act 1991.
Prescribed information
2
A notice given to the Agency under —
a
section 91B(1);
b
section 91B(4)(b); or
c
section 91B(5);
shall contain the information prescribed in paragraph 1, 2 or 3 respectively of Schedule 1 to these Regulations.
Prescribed particulars
3
Where a person gives a notice referred to in regulation 2 he shall publish in one or more local newspapers circulating in the locality where the mine is situated the particulars prescribed in Schedule 2 to these Regulations.
Signed by authority of the Secretary of State
Michael Meacher
Minister of State,
Department of the Environment, Transport and the Regions
11th March 1998
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
18th March 1998


text:
Citation and commencement
1
This Order may be cited as the South Ayrshire (Electoral Arrangements) Order 1998 and shall come into force on 1st January 1999.
Interpretation
2
In the Schedule to this Order–
a
a reference to–
i
an electoral ward is a reference to that electoral ward as constituted in this Order; and
ii
a road, footpath, railway line, river, burn or canal shall, where the context so admits, be construed as a reference to the centre line of the feature concerned; and
b
the following abbreviations are used:–
“EW” for electoral ward;
“NG Ref” for National Grid Reference as published on Ordnance Survey Maps.
Electoral arrangements
3
The area of South Ayrshire Council shall be divided into 30 wards, having the names, contents and boundaries set forth in the Schedule to this Order.
Henry B McLeish
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
21st December 1998


text:
Citation and commencement
1
1
These Regulations may be cited as the Community Drivers' Hours and Recording Equipment (Amendment) Regulations 1998.
2
These Regulations shall come into force on the fourteenth day after the day on which they are made.
Drivers' hours and recording equipment
2
In subsection (2) of section 95 of the Transport Act 1968 (vehicles and drivers subject to control under Part VI), after paragraph (b) there shall be inserted the following paragraph —
c
vehicles not falling within paragraph (a) or (b) of this subsection which —
i
are vehicles within the meaning given by Article 1 of Council Regulation ( EEC ) No. 3820/85 of 29th December 1985 on the harmonization of certain social legislation relating to road transport; and
ii
are not referred to in Article 4 of that Regulation.
Exemptions for vehicles used by health service bodies
3
1
In paragraph 2(2) of the Schedule to the Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations 1986 (exempted vehicles), for paragraph (a) there shall be substituted the following paragraph —
a
is being used by a health service body —
i
to provide ambulance services in pursuance of its duty under the National Health Service Act 1977 , the National Health Service and Community Care Act 1990 or the National Health Service (Scotland) Act 1978 ; or
ii
to carry staff, patients, medical supplies or equipment in pursuance of its general duties under that Act;
.
2
In paragraph 2(3) of that Schedule, after the definition of “harbour” and “harbour authority” there shall be inserted the following definition —
“health service body” —
in relation to England and Wales, means a Health Authority, a Special Health Authority or an NHS trust (each within the meaning of the National Health Service Act 1977);
in relation to Scotland, means the Agency, a Health Board, a Special Health Board or an NHS trust (each within the meaning of the National Health Service (Scotland) Act 1978).
Signed by authority of the Secretary of State for Environment, Transport and the Regions
Larry Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
10th August 1998


text:
1
This Order may be cited as the Pre-Sentence Report Disclosure (Prescription of Prosecutors) Order 1998 and shall come into force on 1st March 1998.
2
The following descriptions of prosecutors are prescribed for the purposes of section 50(4) of the Crime (Sentences) Act 1997:
a
a Crown Prosecutor;
b
any other person acting on behalf of the Crown Prosecution Service;
c
a person acting on behalf of the Commissioners of Customs and Excise;
d
a person acting on behalf of the Secretary of State for Social Security;
e
a person acting on behalf of the Commissioners of Inland Revenue; and
f
a person acting on behalf of the Director of the Serious Fraud Office.
Joyce Quin
Minister of State
Home Office
27th January 1998