text:
1
These Regulations may be cited as the NCIS (Complaints) Regulations 1998 and shall come into force on 1st April 1998.
2
In these Regulations —
“the 1997 Act ” means the Police Act 1997;
“the PCA ” means the Police Complaints Authority established under section 83 of the Police and Criminal Evidence Act 1984 (“the 1984 Act ”);
“civilian member of NCIS” means a person appointed under section 9(1)(c) of the 1997 Act;
“complaint” means a complaint about the conduct of a member of NCIS, other than a police member engaged with NCIS on a period of temporary service under section 97 of the Police Act 1996 ,
which is submitted —
by a member of the public, or
on behalf of a member of the public and with his written consent;
“ Director General ” means the Director General of NCIS appointed under section 6 of the 1997 Act;
“disciplinary proceedings” means proceedings identified as such in regulations made pursuant to section 37 of the 1997 Act;
“police force” means a police force maintained under section 2 of the 1996 Act, and “member of a police force” shall be construed accordingly;
“serious injury” means a fracture, damage to an internal organ, impairment of bodily functions, a deep cut or deep laceration;
“senior police member” means the Director General or a police member appointed under section 9(2)(a) of the 1997 Act.
PART I
PROCEDURE FOR HANDLING COMPLAINTS RELATING TO THE CONDUCT OF SENIOR POLICE MEMBERS OF NCIS
Handling of complaints etc.
3
1
Where a complaint regarding the conduct of a senior police member of NCIS is submitted to the Director General, he shall take any steps that appear to him to be desirable for the purpose of obtaining or preserving evidence relating to the conduct complained of.
2
After complying with paragraph (1), the Director General shall —
a
send the complaint or, if it was submitted orally, particulars of it, to the NCIS Service Authority, and
b
give notice that he has done so to the person by whom or on whose behalf the complaint was submitted.
3
Nothing in these Regulations shall have effect in relation to a complaint in so far as it relates to the direction or control of NCIS by the Director General.
4
If any conduct to which a complaint wholly or partly relates is or has been the subject of criminal or disciplinary proceedings, none of the provisions of these Regulations which relate to the recording and investigation of complaints shall have effect in relation to the complaint in so far as it relates to the conduct.
Investigation of complaint
4
1
Where a complaint regarding the conduct of a senior police member of NCIS is —
a
submitted to the NCIS Service Authority, or
b
is sent to the NCIS Service Authority under regulation 3(2),
it shall record, and subject to paragraph (2), investigate it.
2
If satisfied that the conduct complained of, even if proved, would not justify criminal or disciplinary proceedings, the NCIS Service Authority may deal with the complaint according to its discretion.
3
In any other case, the NCIS Service Authority shall appoint a member of a police force to investigate the complaint.
4
If the NCIS Service Authority requests the chief officer of police of a police force to provide a member of his force for appointment under paragraph (3), the said officer shall comply with the request.
5
No member of a police force of a rank lower than that of the member whose conduct is the subject of the complaint may be appointed under paragraph (3).
6
Unless an investigation under this regulation is supervised by the PCA under regulation 7, the investigating officer shall submit his report to the NCIS Service Authority.
5
1
The NCIS Service Authority —
a
shall refer to the PCA —
i
any complaint regarding a senior police member of NCIS alleging that the conduct complained of resulted in the death of, or serious injury to, some other person, and
ii
any complaint regarding a senior police member of NCIS which is of the same description as a complaint specified in regulations made by the Secretary of State for the purposes of section 87 of the Police and Criminal Evidence Act 1984, and
b
may refer to the PCA any complaint which is not required to be referred to them.
2
The PCA may require the submission to them for consideration of any complaint regarding the conduct of a senior police member of NCIS not referred to them by the NCIS Service Authority; and the NCIS Service Authority shall comply with any such requirement not later than the end of the specified period.
3
For the purposes of paragraph (2) the specified period shall be the period which is specified in regulations made by the Secretary of State for the purpose of subsection (2) of section 87 of the 1984 Act.
4
Where a complaint falls to be referred to the PCA under paragraph (1)(a), it shall be the duty of the NCIS Service Authority to refer it to them not later than the end of the period specified by the Secretary of State for the purpose of paragraph (1) of section 87 of the 1984 Act in regulations.
Reference of other matters to the PCA
6
1
The NCIS Service Authority may refer to the PCA any matter to which this regulation applies, if it appears to the NCIS Service Authority that the matter ought to be referred by reason —
a
of its gravity, or
b
of exceptional circumstances.
2
This regulation applies to any matter which —
a
appears to the NCIS Service Authority to indicate that a senior police member of NCIS may have committed a criminal offence or behaved in a manner which would justify disciplinary proceedings, and
b
is not the subject of a complaint.
Supervision of investigation by PCA
7
1
The PCA shall supervise the investigation of —
a
any complaint alleging that the conduct of a senior police member of NCIS resulted in the death of, or serious injury to, some other person,
b
any other complaint which is of the same description as a complaint specified for the purposes of section 89 of the 1984 Act in regulations made by the Secretary of State under that Act, and
c
any complaint which is not within paragraph (a) or (b) and any matter referred to the PCA under regulation 6, if the PCA determine that it is desirable in the public interest that they should do so.
2
Where the PCA have made a determination under paragraph (1)(c), they shall notify it to the NCIS Service Authority.
3
Where an investigation is to be supervised by the PCA, they may require —
a
that no appointment is made under regulation 4(3) unless they have given notice to the NCIS Service Authority that they approve the person who it proposes to appoint, or
b
if such an appointment has already been made and the PCA are not satisfied with the person appointed, that —
i
the NCIS Service Authority, as soon as reasonably practicable, appoint another member of a police force and notify the PCA that it proposes to appoint him, and
ii
the appointment is not made unless the PCA give notice to the NCIS Service Authority that they approve that person.
4
Where the Secretary of State, by regulations made under section 89(4) of the 1984 Act, authorises the PCA to impose requirements as to a particular investigation additional to any requirement imposed by subsection (3) of that section then, in addition to any requirement imposed by paragraph (3) above, the PCA may impose the like additional requirements, subject to any restrictions or conditions specified in those regulations, in relation to any investigation under these regulations.
5
A member of a police force shall comply with any requirement imposed upon him by virtue of the application of paragraph (4).
Reports on investigations etc.
8
1
At the end of an investigation which the PCA have supervised, the investigating officer shall —
a
submit a report on the investigation to the PCA, and
b
send a copy of the report to the NCIS Service Authority.
2
After consideration of a report submitted to them under paragraph (1) the PCA shall submit an appropriate statement to the NCIS Service Authority.
3
If it is practicable to do so, the PCA, when submitting the appropriate statement under paragraph (2), shall send a copy of it to the senior police member of NCIS whose conduct has been investigated.
4
If —
a
the investigation related to a complaint, and
b
it is practicable to do so,
the PCA shall also send a copy of the appropriate statement to the person by or on behalf of whom the complaint was submitted.
5
The power to issue an appropriate statement includes power to issue separate statements in respect of the disciplinary and criminal aspects of the investigation.
6
No disciplinary proceedings shall be brought before the appropriate statement is submitted to the NCIS Service Authority.
7
Subject to paragraph (8), neither the NCIS Service Authority nor the Director of Public Prosecutions shall bring criminal proceedings before the appropriate statement is submitted to the NCIS Service Authority.
8
The restriction imposed by paragraph (7) does not apply if it appears to the Director that there are exceptional circumstances which make it undesirable to wait for the submission of the appropriate statement.
9
In this regulation “appropriate statement” means a statement —
a
as to whether the investigation was or was not conducted to the PCA’s satisfaction,
b
specifying any respect in which it was not so conducted, and
c
dealing with any other matters which are matters of the kind provided for in regulations made under section 89 of the 1984 Act for the purposes of that section.
Steps to be taken after investigation
9
On receiving —
a
a report concerning the conduct of a senior police member of NCIS which is submitted to it under regulation 4(6), or
b
a copy of a report concerning the conduct of a senior police member of NCIS which is sent to it under regulation 8(1),
the NCIS Service Authority shall send a copy of the report to the Director of Public Prosecutions unless the report satisfies the NCIS Service Authority that no criminal offence has been committed.
Reports by PCA
10
1
The PCA may make a report to the Secretary of State on any matters coming to their notice under these Regulations to which they consider that his attention should be drawn by reason of their gravity or of other exceptional circumstances.
2
The PCA shall send a copy of any report under paragraph (1) to the NCIS Service Authority and the Director General.
3
The Secretary of State shall lay before Parliament a copy of every report received by him under this regulation and shall cause every such report to be published.
4
The PCA shall send to the NCIS Service Authority —
a
a copy of every report made under subsection (3) of section 97 of the 1984 Act, and
b
which the PCA consider should be brought to the NCIS Service Authority’s attention in connection with its functions under section 40 of the 1997 Act.
Restriction on disclosure of information
11
1
No information received by the PCA in connection with any of their functions under these Regulations shall be disclosed by any person who is or has been a member, officer or servant of the PCA except —
a
to the Secretary of State or to a member, officer or servant of the PCA or, so far as may be necessary for the proper discharge of the functions of the PCA, to other persons;
b
for the purposes of any criminal, civil or disciplinary proceedings, or
c
in the form of a summary or other general statement made by the PCA which does not identify the person from whom the information was received or any person to whom it relates.
2
Any person who discloses information in contravention of this regulation shall be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale.
12
Where the Secretary of State makes regulations under section 99 of the 1984 Act as to the procedure to be followed under Part IX of that Act then the procedures provided for by those regulations shall be the procedures to be followed under these Regulations with the following modifications —
i
references to “appropriate authority” shall be interpreted as references to the NCIS Service Authority;
ii
references to the “chief officer” shall be interpreted as references to the Director General of NCIS;
iii
references to a “complaint” shall be interpreted as references to a complaint under these Regulations; and references to a complainant shall be construed accordingly;
iv
references to a “member of a police force” shall be interpreted as references to a senior police member of NCIS;
v
references to provisions of the 1984 Act shall be interpreted as references to the equivalent provision in these Regulations.
PART II
PROCEDURE FOR HANDLING COMPLAINTS RELATING TO THE CONDUCT OF CIVILIAN MEMBERS OF NCIS
Handling of complaints, etc.
13
1
Where a complaint regarding the conduct of a civilian member of NCIS is submitted to the Director General, he shall take any steps that appear to him to be desirable for the purpose of obtaining or preserving evidence relating to the conduct complained of.
2
After complying with paragraph (1) the Director General shall determine whether he is the appropriate authority in relation to the civilian member of NCIS whose conduct is the subject of the complaint.
3
If the Director General determines that he is not the appropriate authority, he shall —
a
send the complaint or, if it was submitted orally, particulars of it to the appropriate authority; and
b
give notice that he has done so to the person by whom or on whose behalf the complaint was submitted.
4
For the purposes of this Part of these Regulations “the appropriate authority” means —
a
in relation to a civilian member of NCIS appointed by the NCIS Service Authority pursuant to the provisions of section 9(9)(b) of the 1997 Act, the NCIS Service Authority; and
b
in relation to any other civilian member of NCIS, the Director General.
Investigation of complaint
14
The appropriate authority shall record the complaint and cause it to be investigated.
Notifying member of the complaint
15
The appropriate authority shall give written notice of the complaint to the civilian member concerned.
Duty to inform complainant of outcome
16
On completion of the investigation of the complaint the appropriate authority shall notify the complainant of its findings and of any action it proposes to take.
Register of complaints
17
The Director General shall maintain a register of complaints regarding the conduct of civilian members of NCIS for whom he is the appropriate authority.
Alun Michael
Minister of State
Home Office
9th March 1998


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Blackburn and Darwen Education Action Zone Order 1998 and shall come into force on 1st September 1998.
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 Blackburn and Darwen 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, 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 or more persons appointed by each partner, the maximum number of persons who may be appointed by each partner being specified in Schedule 1 to this Order in relation to each partner, unless any partner chooses not to make such appointments.
d
three persons appointed by Blackburn and Darwen Borough Council (unless they choose not to make such an appointment) each of whom are members of that Council elected for one of the following wards–
Higher Croft
Queen’s Park
Shadworth
Sudell
Little Harwood with Whitebirk
Sunnyhirst
and any person so appointed shall cease to hold office as a member of the Forum if he ceases to be a member of Blackburn and Darwen Borough Council elected for any of those wards.
2
Where a partner is an individual he may appoint himself under paragraph (1)(c), but he shall cease to hold office as a member of the Forum if he ceases to hold the office by virtue of which he is a partner.
5
The Forum may at any time appoint not more than 26 additional members from persons appearing to them to represent the interests of–
a
sponsoring businesses;
b
parents of children aged 16 years or under resident in the area served by the zone schools;
c
a voluntary sector agency active in the zone; and
d
persons involved in the provision of education in the area served by the zone schools;
provided that the maximum number of additional members who may be appointed under sub-paragraph (1)(d) shall be five.
Disqualification from membership of the Forum
6
Articles 7 and 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 (4) 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 such period.


text:
Citation and commencement
1
These Regulations may be cited as the Education (Student Loans) Regulations 1998 and shall come into force on 1st March 1998.
Revocation
2
The Education (Student Loans) Regulations 1997 and the Education (Student Loans) (Amendment) Regulations 1997 are hereby revoked.
Interpretation
3
1
In these Regulations, except where the context otherwise requires —
“accelerated course” means a course which persons undertaking it are normally required by the institution providing it to attend (whether at premises of the institution or elsewhere) for a period of at least 40 weeks in the final year, being a course of two academic years' duration or a course for the degree of BA (Honours) with Qualified Teacher Status awarded by St Martin’s College, Lancaster;
“ the Act ” means the Education (Student Loans) Act 1990;
“borrower” means a person to whom a loan has been made;
“ 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 ;
“EEA migrant worker” has the meaning assigned to it in paragraph (6);
“European Community” means the territory comprised by the member States of the European Community as constituted from time to time;
“European Economic Area” means the European Community and subject to the conditions laid down in the EEA Agreement the area comprised by the Republic of Iceland, the Kingdom of Norway and the Principality of Liechtenstein;
“eligible” means eligible for the purposes of section 1 of the Act;
“full-time course” has the meaning assigned to it in paragraph (3);
“the Islands” means the Channel Islands and the Isle of Man;
“lender” means any person or body who makes a loan;
“loan” means a loan (whether made before or after the coming into force of these Regulations) towards a student’s maintenance out of money made available by the Secretary of State for that purpose pursuant to arrangements made by the Secretary of State by virtue of section 1 of the Act, including the interest accrued on the loan and the amount of the loan from time to time outstanding;
“periods of work experience” means periods of industrial, professional or commercial experience associated with full-time study at an institution but at a place outside the institution;
“refugee” means a person who is recognised by Her Majesty’s Government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by the Protocol thereto which entered into force on 4th October 1967 ;
“sandwich course” means a course consisting of alternate periods of full-time study in an institution and periods of work experience so organised that, taking the course as a whole, the student attends the periods of full-time study for an average of not less than 19 weeks in each year; and for the purpose of calculating his attendance the course shall be treated as beginning with the first period of full-time study and ending with the last such period.
2
For the purposes of these Regulations an academic year which begins in the month of July in any year shall be deemed to begin in the month of August immediately following that month.
3
In these Regulations a reference to a “full-time course” is a reference to a sandwich course or a course —
a
which persons undertaking it are normally required by the institution providing it to attend (whether at premises of the institution or elsewhere) —
i
in the case of a course of one academic year’s duration, for a period of at least 24 weeks; and
ii
in the case of a course of two or more academic year’s duration, for a period of at least 24 weeks in each academic year except the final year and of at least eight weeks in the final year; and
b
the nature of which is such that a person undertaking it would normally require to undertake periods of study, tuition or work experience which together amount in each academic year to an average of at least 21 hours a week as respect the periods of attendance mentioned in sub-paragraph (a) above for the year;
4
For the purposes of these Regulations a person shall be treated as ordinarily resident in the United Kingdom and Islands or in the European Economic Area if he would have been so resident but for the fact that he, his spouse or his parent, guardian or any other person having parental responsibility for him, or any person having care of him when he is a child is, or was, temporarily employed outside the United Kingdom and Islands, or as the case may be, outside the European Economic Area and paragraph 7(b) of Schedule 1 shall not apply in the case of such a person.
5
For the purposes of these Regulations an area which —
a
was previously not part of the European Community or the European Economic Area, but
b
at any time before or after these Regulations come into force has become part of one or other or both of those areas
shall be considered to have always been part of the European Economic Area.
6
In these Regulations a reference to an EEA migrant worker is a reference to a person who is a national of a member State of the European Economic Area who has taken up an activity as an employed person in the United Kingdom —
a
under Council Regulation ( EEC ) No. 1612/68 on freedom of movement for workers within the Community, as extended by the EEA Agreement ; or
b
in circumstances where as a national of the United Kingdom he has an enforceable Community right to be treated no less favourably than a national of another member State in relation to matters which are the subject of the above mentioned Council Regulation.
Conditions of eligibility
4
1
Subject to paragraph (2), a student shall be eligible for a loan in relation to an academic year if he —
a
is attending a course which is —
i
a full-time course; or
ii
a full-time or a part-time course for the initial training of teachers which is for the time being designated by or under regulations made by virtue of section 1(2)(b) and (3)(c) of the Education Act 1962 ;
b
is a person mentioned in Schedule 1; and
c
has entered into an agreement for the loan before the 1st August immediately following the beginning of the academic year.
2
A student shall not be eligible for a loan in relation to an academic year if he —
a
has attained the age of 50 years before the first day of the course;
b
has received another loan in relation to the same academic year;
c
has received another loan in relation to another academic year which began during the same period 1st August to the following 31st July during which the academic year began;
d
is eligible in respect of that year to receive —
i
any payment under a bursary or award of similar description bestowed on him under section 63 of the Health Services and Public Health Act 1968 the amount of which is not calculated by reference to his income; or
ii
any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 1992 ;
e
is in breach of any obligation contained in any agreement for a loan; or
f
subject to paragraph (3), he has not ratified any agreement for a loan made with him when he was under the age of 18.
3
Paragraph (2)(f) shall only apply in a case where the agreement for a loan is subject to the law of Scotland if it was made —
a
before 25th September 1991, and
b
with the concurrence of the borrower’s curator, or at a time when he had no curator.
4
For the purposes of paragraph (2)(b), (c), (e) and (f) “loan” includes a loan made under the Education (Student Loans) (Northern Ireland) Order 1990 .
Designation of courses by Secretary of State
5
For the purposes of section 1 of the Act the Secretary of State may designate courses of higher education at institutions other than institutions receiving support from public funds.
Amounts of loans
6
1
Subject to paragraphs (3) to (5), in the case of a student attending a course at the University of London or at any institution within the area comprising the City of London and the metropolitan police district, the maximum amount of the loan in relation to any academic year shall be —
a
if the year is the final year of the course, £945 if he resides at his parents' home, and £1,520 if he does not; and
b
if the year is any other year of the course, £1,290 if he resides at his parents' home, and £2,085 if he does not.
2
Subject to paragraphs (3) to (5), in the case of any other student the maximum amount of the loan in relation to any academic year shall be —
a
if the year is the final year of the course, £945 if he resides at his parents' home, and £1,230 if he does not; and
b
if the year is any other year of the course, £1,290 if he resides at his parents' home, and £1,685 if he does not.
3
Where a student’s course includes a period of residence in a country other than the United Kingdom throughout an academic year, the maximum amount of the loan in relation to that academic year shall be £1,230 if the year is the final year of the course and £1,685 if it is not.
4
Where a student’s course is an accelerated course, paragraph (1)(a) shall have effect as if for £945 and £1,520 there were substituted £1,290 and £2,085 respectively and paragraph (2)(a) shall have effect as if for £945 and £1,230 there were substituted £1,290 and £1,685 respectively.
5
For the purposes of paragraphs (1) to (3), where a postgraduate course of initial training for teachers is of only one academic year’s duration that year shall not be treated as a final year, and for the purposes of paragraphs (1) and (2) a student’s place of residence is his place of residence on the date a certificate is given in respect of him pursuant to regulation 8.
Terms of loans
7
1
Every agreement for a loan made before or after these Regulations come into force shall include the terms set out in Part I of Schedule 2.
2
Every agreement for a loan made before these Regulations come into force shall in addition include the terms set out in Part II of Schedule 2.
Duties of governing bodies in relation to loans
8
1
This regulation prescribes the steps to be taken by the governing body of each institution at which eligible students are attending courses for the purposes of, or in connection with, applications for loans.
2
Where an eligible student attends a course at more than one institution the governing bodies of the institutions may agree in writing that one governing body shall take the steps prescribed by this regulation, in which case that governing body, and not the other governing bodies, shall be required to take those steps.
3
An agreement under paragraph (2) may be made in respect of a particular student or in respect of any class or description of students.
4
The governing body shall as soon as practicable after the commencement of each academic year —
a
issue to any student who requests them to certify his eligibility for a loan an eligibility questionnaire provided by the lender;
b
in respect of each eligibility questionnaire completed by a student and returned to them, take such steps as are reasonably practicable to verify the particulars inserted in the questionnaire by the student relating to his eligibility for a loan;
c
if the student’s eligibility cannot be determined solely by verifying the particulars on the questionnaire, take such other steps as are reasonably practicable for that purpose;
d
issue to each student in relation to whom they have taken the steps required by sub-paragraphs (a) to (c) and whom they consider to be eligible an eligibility form provided by the lender for completion by the student and return to them;
e
certify to the best of their knowledge and belief the accuracy of the particulars in each completed eligibility form and the amount of loan to which they consider the student to be entitled;
f
issue to each student in relation to whom they have taken all other steps required by the preceding provisions of this paragraph a loan application form provided by the lender; and
g
send each certified eligibility form to the lender.
5
The lender on receiving an eligibility form completed and certified in accordance with paragraph (4) shall pay £4 to the governing body which sent it.
6
Where a student is a borrower who has obtained an eligibility form from the lender and completed it the governing body shall as soon as practicable after the commencement of each academic year —
a
accept the completed eligibility form from any such student who requests them to certify his eligibility;
b
if the lender has requested that any of the particulars inserted in the form should be verified take such steps as are reasonably practicable to verify those particulars;
c
certify to the best of their knowledge and belief the accuracy of the particulars which the lender has requested them to verify and the amount of loan to which they consider that student to be entitled; and
d
send each certified eligibility form to the lender.
7
The lender on receiving an eligibility form completed and certified in accordance with paragraph (6) shall pay £2 to the governing body which sent it.
8
The governing body shall —
a
promptly notify the lender in writing if a person in respect of whom they have certified eligibility (whether under these Regulations or otherwise) ceases to be an eligible student during the academic year in which they certified eligibility or subsequently —
i
because he has completed the course on a date earlier than that specified in the certified eligibility form referred to in paragraph (4)(g) or (6)(d) or notified by them to the lender as the expected date on which he will complete the course,
ii
otherwise than because he has completed the course;
b
keep records and copies of all documents except loan application forms which they are required by this regulation to issue or certify and a record of any steps taken by them to establish a student’s eligibility;
c
permit the lender or the Secretary of State to inspect the records and copies at any reasonable time and provide them with reasonable facilities for that purpose;
d
acknowledge receipt of all eligibility and application forms received by them from the lender and provide to it on request brief particulars of such forms which they have issued; and
e
as soon as practicable notify the lender in writing if they believe that a person has fraudulently obtained or attempted to obtain a loan and provide the lender with the name of the person (if known) and particulars of the circumstances of that person’s obtaining or attempting to obtain the loan.
9
Without prejudice to the generality of paragraph (4)(b) and (c), the steps to be taken under those paragraphs shall include verifying particulars given in the eligibility questionnaire by reference to —
a
in the case of a person in respect of whom an entry was made in a register of births kept in pursuance of the Births and Deaths Registration Act 1953 and the Registration Service Act or the Births and Deaths Registration (Northern Ireland) Order 1976 a certified copy of that entry;
b
in the case of a person in respect of whom an entry was made in the Adopted Children Register kept in pursuance of section 50 of the Adoption Act 1976 or in the Adopted Children Register kept in pursuance of Article 50 of the Adoption (Northern Ireland) Order 1987 which contains a record of the date of birth of the person, a certified copy of that entry;
c
in the case of a person in respect of whom an entry was made in a register of births kept in pursuance of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 , an extract of, or an abbreviated certificate of birth relating to, that entry;
d
in the case of a person in respect of whom an entry was made in the Adopted Children Register kept in pursuance of Section 45 of the Adoption (Scotland) Act 1978 which contains a record of the date of birth of the person, an extract of that entry; or
e
in the case of any other person except a refugee, his passport (if he holds one), and a letter or other document issued by a responsible person which contains particulars of his date, place and country of birth and his names at birth.
10
Nothing in this regulation shall require the governing body to take any steps to establish whether a student falls within regulation 4(1)(c) or (2)(e) or (f), and in considering whether a student is eligible the governing body shall disregard those sub-paragraphs.
11
In this regulation —
“eligibility form” means a form requesting particulars from a student relevant to his eligibility for a loan and of his bank or building society account; and
“responsible person” means a consular officer, minister of religion, medical or legal practitioner, established civil servant, teacher or police officer.


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Police Act 1997 (Commencement No. 5 and Transitional Provisions) Order 1998.
2
This Order shall come into force on 18th March 1998.
3
In this Order —
“the 1997 Act ” means the Police Act 1997;
“nominated person” means a person nominated and appointed under article 4(4) below;
“police authority” means a police authority under section 3 of the Police Act 1996 ; and
“property” includes money and all other property, real or personal.
Commencement on 1st April 1998
2
1
Subject to article 8 below, the provisions of the 1997 Act which are listed in paragraph (2) below shall come into force on 1st April 1998.
2
The provisions referred to in paragraph (1) above are —
a
section 2 (general functions of the NCIS Service Authority and NCIS), to the extent that it is not yet in force;
b
section 3 (objectives), to the extent that it is not yet in force;
c
section 5 (annual reports);
d
section 7 (removal of Director General by the Authority);
e
section 10 (general function of Director General);
f
section 11 (reports by Director General to the Authority);
g
section 12 (responsibility for co-ordination of police and Security Service activities);
h
section 20 (acceptance of gifts and loans);
i
section 22 (collaboration agreements), to the extent that it is not yet in force;
j
section 23 (aid by and for NCIS);
k
section 24 (provision of special services);
l
section 29 (removal of Director General etc );
m
section 30 (power to give directions after adverse report);
n
section 31 (reports from NCIS Service Authority);
o
section 32 (reports from Director General);
p
section 33 (criminal statistics);
q
section 34 (inquiries);
r
section 35 (regulations as to standard of equipment);
s
section 36 (common services);
t
section 38 (appeals), to the extent that it is not yet in force;
u
section 40 (information as to the manner of dealing with complaints etc);
v
section 41 (arrangements for consultation);
w
section 42 (liability for wrongful acts of constables etc);
x
section 43 (causing disaffection);
y
section 48 (general functions of the NCS Service Authority and the National Crime Squad), to the extent that it is not yet in force;
z
section 49 (objectives), to the extent that it is not yet in force;
aa
section 51 (annual reports);
ab
section 53 (removal of Director General by the Authority);
ac
section 56 (general function of Director General);
ad
section 57 (reports by Director General to the Authority);
ae
section 65 (acceptance of gifts and loans);
af
section 67 (revenue accounts and capital finance);
ag
section 68 (financial administration);
ah
section 69 (provision of special services);
ai
section 74 (removal of Director General etc);
aj
section 75 (power to give directions after adverse report);
ak
section 76 (reports from NCS Service Authority);
al
section 77 (reports from Director General);
am
section 78 (criminal statistics);
an
section 79 (inquiries);
ao
section 80 (regulations as to standard of equipment);
ap
section 82 (appeals), to the extent that it is not yet in force;
aq
section 84 (information as to the manner of dealing with complaints etc);
ar
section 85 (arrangements for consultation);
as
section 86 (liability for wrongful acts of constables etc);
at
section 87 (causing disaffection);
au
section 88 (application to NCS Service Authority of local authority enactments), in respect of paragraphs 4, 7, 8, 9 (to the extent that it is not in force), 11 to 13, 15 to 24, 27, 28, 30 and 31 of Schedule 6;
av
section 109 (Police Information Technology Organisation), to the extent that it is not yet in force;
aw
section 110 (relationship between the Organisation and the Secretary of State);
ax
section 111 (interpretation of Part IV), to the extent that it is not yet in force;
ay
section 134 (amendments and repeals), in respect of paragraphs 1, 2, 4 to 7, 10 to 12, 15 to 22, 24 to 26, 27 (to the extent that it is not yet in force), 29 (to the extent that it is not yet in force), 30 to 37, 41 (to the extent that it is not yet in force), 42, 44 to 48, 53, 54, 56, 58 to 64, 69 to 71, 74 to 80, 84, 85, 87, 89, 90 and 92 of Schedule 9 and in respect of the entries in Schedule 10 relating to the Police (Scotland) Act 1967, the Leasehold Reform Act 1967, the Local Government Act 1972, the Police Pensions Act 1976, the Local Government (Miscellaneous Provisions) Act 1976, the Security Service Act 1989, the Aviation and Maritime Security Act 1990, the Environment Act 1995, the Police Act 1996 and the Security Service Act 1996;
az
paragraphs 4, 7, 8, 9 (to the extent that it is not yet in force), 11 to 13, 15 to 24, 27, 28, 30 and 31 of Schedule 6;
ba
paragraphs 3, 5 to 7, 8 (to the extent that it is not yet in force) and 12 to 17 of Schedule 8;
bb
paragraphs 1, 2, 4 to 7, 10 to 12, 15 to 22, 24 to 26, 27 (to the extent that it is not yet in force), 29 (to the extent that it is not yet in force), 30 to 37, 41 (to the extent that it is not yet in force) 42, 44 to 48, 53, 54, 56, 58 to 64, 69 to 71, 74 to 80, 84, 85, 87, 89, 90 and 92 of Schedule 9; and
bc
schedule 10 in respect of the entries relating to the Police (Scotland) Act 1967, the Leasehold Reform Act 1967, the Local Government Act 1972, the Police Pensions Act 1976, the Local Government (Miscellaneous Provisions) Act 1976, the Security Service Act 1989, the Aviation and Maritime Security Act 1990, the Environment Act 1995, the Police Act 1996 and the Security Service Act 1996.
Transfer of employees
3
1
Every person who —
a
immediately before 1st April 1998 is employed by the Crown, a police authority or the Commissioner of Police of the Metropolis in the organisation maintained by the Secretary of State under section 57 of the Police Act 1996 known as the National Criminal Intelligence Service;
b
but for the provisions of this Order would continue to be so employed; and
c
whose name is mentioned on the National Criminal Intelligence Service designated list,
shall, on that date, transfer to, and become an employee of, the NCIS Service Authority.
2
Every person who —
a
immediately before 1st April 1998 is employed by a police authority, by the Commissioner of Police of the Metropolis or by the Crown in a regional crime squad or a regional technical support unit or in the organisation maintained by the Secretary of State under section 57 of the Police Act 1996 known as the Office of the National Co-ordinator of Regional Crime Squads in England and Wales;
b
but for the provisions of this Order would continue to be so employed; and
c
whose name is mentioned on the National Crime Squad designated list,
shall, on that date, transfer to, and become an employee of, the National Crime Squad Service Authority.
3
Every person who —
a
immediately before 1st April 1998 is employed by the Crown in the organisation maintained by the Secretary of State under section 57 of the Police Act 1996 known as the Police Information Technology Organisation;
b
but for the provisions of this Order would continue to be so employed; and
c
whose name is mentioned on the Police Information Technology Organisation designated list,
shall, on that date, transfer to, and become an employee of, the Police Information Technology Organisation established under section 109 of the 1997 Act.
4
The contract of employment of a person who is transferred by virtue of this article shall not terminate on the date of the transfer but shall have effect as if originally made between that employee and the body to whose employment he has been transferred.
5
A person transferred under paragraph (1) above shall be deemed to have been appointed by the NCIS Service Authority under section 9(1)(c) of the 1997 Act as a member of the National Criminal Intelligence Service.
6
A person transferred under paragraph (2) above shall be deemed to have been appointed by the NCS Service Authority under section 55(1)(c) of the 1997 Act as a member of the National Crime Squad.
7
In this article —
“the National Criminal Intelligence Service designated list” means the list marked “Police Act 1997 (Staff Transfer) National Criminal Intelligence Service Designated List” which is signed by the Secretary of State, one copy of which is deposited with the NCIS Service Authority, one copy of which is deposited in the offices of the Secretary of State;
“the National Crime Squad designated list” means the list marked “Police Act 1997 (Staff Transfer) National Crime Squad Designated List” which is signed by the Secretary of State, one copy of which is deposited with the National Crime Squad Service Authority and one copy of which is deposited in the offices of the Secretary of State;
“the Police Information Technology Organisation designated list” means the list marked “Police Act 1997 (Staff Transfer) Police Information Technology Organisation Designated List”which is signed by the Secretary of State, one copy of which is deposited with the Police Information Technology Organisation established under section 109 of the 1997 Act and one copy of which is deposited in the offices of the Secretary of State.
8
This article has effect without prejudice to the Transfer of Undertakings (Protection of Employment) Regulations 1981 .
Agreements to transfer property, etc.
4
1
As soon as practicable after 18th March 1998, the Secretary of State shall —
a
use his best endeavours to determine whether it is fair and reasonable to make any transfers of property, rights and liabilities from the Crown to the NCIS Service Authority or to PITO ; and
b
give notice in writing to the NCIS Service Authority or (as the case may be) the Police Information Technology Organisation specifying any such transfers and the date or dates on which they are to take effect under article 5 below.
2
As soon as practicable after 18th March 1998 every police authority, the Receiver for the Metropolitan Police District and the National Crime Squad Service Authority shall —
a
use their best endeavours to determine whether it is fair and reasonable to make any transfer of property, rights and liabilities from the police authority or the Receiver to the National Crime Squad Service Authority; and
b
make an agreement in writing specifying which of those transfers are to take effect under article 5 below on 1st April 1998 and which of those transfers are to take effect on such later date as may be so specified.
3
A notice under paragraph (1) above and an agreement under paragraph (2) above may —
a
indicate that there are matters specified therein about which a determination or, as the case may be, an agreement is still to be made; or
b
provide for a variation in the transfer of property, rights or liabilities in circumstances specified in the notice or agreement.
4
Where it has become apparent that a police authority or the Receiver and the National Crime Squad Service Authority are unable to agree about whether a transfer of property, rights and liabilities should be made under paragraph (2) above —
a
the police authority or the Receiver and the National Crime Squad Service Authority may nominate and appoint a person to determine the dispute in accordance with article 6 below; or
b
if the police authority or the Receiver and the National Crime Squad Service Authority are unable to agree either that the dispute should be so determined or on the person to be nominated, the police authority, the Receiver or the National Crime Squad Service Authority may require the Secretary of State to nominate and appoint such a person.
5
In this article and article 6 below, references to the transfer of property, rights and liabilities mean —
a
the transfer from the Crown or a police authority or the Receiver (as the case may be) to the NCIS Service Authority, PITO or the National Crime Squad Service Authority, or the apportionment between them of any property and of rights and liabilities relating to it;
b
such transfer or apportionment of any other rights and liabilities; and
c
the creation of any rights and liabilities between them.
Transfer of property etc.
5
1
This article shall have effect to —
a
transfer from the Crown or a police authority or the Receiver (as the case may be) to the NCIS Service Authority, PITO or the National Crime Squad Service Authority (as the case may be) and to vest in them —
i
such property;
ii
such rights and liabilities relating thereto; and
iii
such other rights and liabilities,
as may be specified in a written notice from the Secretary of State under article 4(1)(b) above, in a written agreement under article 4(2)(b) above or in an instrument giving effect to the decision of a nominated person under article 6 below;
b
apportion between them —
i
such property;
ii
such rights and liabilities relating thereto; and
iii
such other rights and liabilities,
as may be so specified; and
c
create between them such rights and liabilities as may be so specified;
on 1st April 1998 or such other later date, or dates, as may be so specified.
Determination by nominated person
6
1
Where a nominated person has been appointed under article 4 above, he shall (as soon as practicable after his appointment) proceed to determine in accordance with paragraphs (4) to (8) below a dispute as to which (if any) transfers of property, rights and liabilities from a police authority or the Receiver to the National Crime Squad Service Authority it is fair and reasonable to make.
2
Where a nominated person appointed under article 4 above determines that a transfer shall be made, he shall draw up an instrument to give effect to his determination, and any such instrument shall specify the date or dates on which it is to take effect.
3
A nominated person shall not determine a dispute unless both parties to it have been afforded an opportunity to make written or, if either so requests, oral representations and any such representations have been considered.
4
Any oral representations shall be made at a hearing on a date and at a place appointed by the nominated person after consultation with the parties to the dispute.
5
The parties shall have the right to appear by Counsel or a solicitor or by the clerk or other officer of either of the parties.
6
The nominated person shall be paid such remuneration and reimbursed for such expenses as —
a
the parties to the dispute may determine before he is appointed; or
b
in the absence of such agreement, may be determined by the Secretary of State.
7
The nominated person shall make such order as to which of the parties to the dispute shall pay the costs incurred under this article, including the costs incurred under paragraphs (5) and (6) above, as may appear to him to be fair and reasonable.
8
Any order under paragraph (7) above may apportion the costs between the parties.
Revocations
7
Articles 4 to 7 of the Police Act 1997 (Commencement No. 4 and Transitional Provisions) Order 1997 shall be revoked on the 1st April 1998.
Transitional provision about basic credit approvals
8
1
For the purposes of the issue of a basic credit approval under section 53 of the Local Government Housing Act 1989 to the National Crime Squad Service Authority in respect of the financial year beginning on 1st April 1998, section 67 of the 1997 Act (which amends the definition of “local authority” for purposes including the said section 53) shall come into force on 18th March 1998.
Alun Michael
Minister of State
Home Office
19th February 1998


text:
Commencement and citation
1
This Order may be cited as the London Borough of Lambeth (Trunk Roads) Red Route (Bus Priority) Traffic Order 1998, and shall come into force on 19th February 1999.
Interpretation
2
In this Order–
a
a reference to an article or schedule followed by a number is a reference to the article of, or schedule to, this Order so numbered;
b
causing includes permitting;
c
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ; and
d
“vehicle” includes part of a vehicle;
e
“bus”, “local bus”, “pedal cycle”, “taxi”, “traffic lane”, “contra-flow” and “with-flow lane” have the meanings given in the Traffic Signs Regulations and General Directions 1994 ;
f
“bus lane” means a traffic lane on a length of road which is specified in column (2) in the table in schedule 1 and in respect of which traffic signs are in place indicating the controls specified in this Order;
g
“bus-only route” means an area of road which is specified in column (2) in the table in schedule 2 and in respect of which traffic signs are in place indicating the controls specified in this Order;
h
“dial-a-ride bus” means a vehicle–
i
displaying so as to be conspicuous on the outside of the vehicle a logo in a form approved by or with the authority of the Traffic Director for London and containing the words “dial-a-ride”; and
ii
constructed or adapted for the carriage of disabled persons and their companions and which is being used to provide a service for the carriage of such persons;
i
“times of operation” means
in relation to a bus lane specified in an item in column (2) of the table in schedule 1, the times specified in column (3) of that item, and
in relation to a bus-only route specified in an item in column (2) of the table in schedule 2, the times specified in column (3) of that item;
j
an entry in column (3), (4) or (5) of an item in the table in schedule 1 or 2 applies to that column in subsequent items in that table.
Bus Priority Controls
3
1
Except as provided in articles 4 and 5, no person shall cause a vehicle to be in a bus lane in a length of road specified in an item in column (2) of the table in schedule 1 during the times specified in that item in column (3) of that item unless that vehicle is proceeding in the direction specified in column (4) of that item and is of a type specified in column (5) of that item.
2
Except as provided in article 5, no person shall cause a vehicle to be in a bus-only route in an area of road specified in an item in column (2) of the table in schedule 2 during the times specified in that column (3) of that item unless that vehicle is proceeding in the direction or directions specified in column (4) of that item and is of a type specified in column (5) of that item.
Exemptions — Bus Lanes
4
1
The controls specified in article 3(1) do not apply so as to prevent a vehicle being in a bus lane if and for as long as necessary–
a
to enable a person to get on or off the vehicle; or
b
to enable goods to be loaded on to or unloaded from the vehicle;
if and in so far as the activity is not prohibited by the provisions of any other Order.
2
The controls specified in article 3(1) do not apply in respect of a vehicle which is being used for a purpose which is within an exemption to a restriction or prohibition imposed by any other Order or which is permitted by any other Order.
3
The controls specified in article 3(1) do not apply in respect of a vehicle crossing a bus lane to get to or from any road adjacent to the bus lane or any vehicular access to premises adjacent to the bus lane.
Exemptions — Bus Lanes and Bus-Only Routes
5
1
The controls specified in articles 3(1) and 3(2) do not apply in respect of a vehicle being in a bus lane or a bus-only route if the vehicle is being used in–
a
the service of a local authority for the purpose of collecting refuse;
b
the pursuance of any statutory duty of the Post Office for the purpose of collecting or delivering letters provided the vehicle bears the Royal Mail livery;
c
connection with the removal of any obstruction to traffic;
d
connection with the maintenance, improvement or reconstruction of any road;
e
connection with the maintenance, improvement or construction of any street furniture including bus stop infrastructure;
f
connection with any building operation or demolition;
g
connection with the laying, erection, alteration or repair in or near the bus lane of any sewer or of any main, pipe or apparatus for the supply of gas, water or electricity, or of any telecommunications apparatus as defined in paragraph 1(1) of Schedule 2 of the Telecommunications Act 1984 ;
if the vehicle cannot be used for that purpose without being in the bus lane or the bus-only route and in so far as the activity is not prohibited by the provisions of any other Order.
2
The controls specified in article 3(1) and 3(2) do not apply in respect of a vehicle being in a bus lane or bus-only route–
a
so as to avoid an accident;
b
to allow a person to get or give help in consequence of an accident or emergency or otherwise take action for public safety;
c
to such an extent and for such a time as is needed to comply with any requirement resulting from works or an emergency in any part of the road adjoining the bus lane or bus-only route;
d
if it is being used for ambulance, fire brigade or police purposes.
4
The controls specified in articles 3(1) and 3(2) do not apply in respect of 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
5
The London Borough of Lambeth (Trunk Roads) Red Route (Bus Lanes) Order 1998 is hereby revoked in so far as its provisions relate to any length of road specified in the table in the schedule to this Order.
Signed in accordance with a direction from the Secretary of State
Derek Turner
Traffic Director for London
11th December 1998


text:
Citation and commencement
1
This Order may be cited as the Walsgrave Hospitals National Health Service Trust (Establishment) Amendment Order 1998 and shall come into force on 21st December 1998.
Amendment of NHS trust Establishment Order
2
In Article 4 of the Walsgrave Hospitals National Health Service Trust (Establishment) Order 1993 for “5 non-executive” there shall be substituted “6 non-executive” and for “5 executive” there shall be substituted “6 executive”.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,
Department of Health
8th December 1998


text:
Commencement and citation
1
This Order may be cited as The A205 Trunk Road (Lambeth) Red Route (Prohibition of Traffic) Experimental Traffic Order 1998, and shall come into force on 6th April 1998.
Interpretation
2
In this Order : —
a
a reference to an article followed by a number is a reference to the article of this order so numbered;
b
Causing includes permitting;
c
“Cavendish Road” means that length of the A205 Trunk Road in the London Borough of Lambeth known as Cavendish Road;
d
“Hazelbourne Road” means the road of that name in the London Borough of Lambeth and in the London Borough of Wandsworth.
Prohibition
3
1
Subject to the provisions of article 4, no person shall cause any vehicle, to : —
a
enter Cavendish Road from Hazelbourne Road; or
b
proceed from Cavendish Road to Hazelbourne Road.
Exemptions
4
The provisions of articles 3 do not apply: —
a
to anything done with the permission or at the direction of a police constable in uniform or a traffic warden;
b
to a vehicle being used for fire brigade, ambulance or police purposes; or
c
to a pedal cycle as defined in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
20th March 1998


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Fees of Messengers-at-Arms) (Amendment) 1998 and shall come into force on 31st December 1998.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of fees
2
1
The Act of Sederunt (Fees of Messengers-at-Arms) 1998 shall be amended as follows.
2
In paragraph 6(a) of the Table of Fees set out in the Schedule to that Act of Sederunt, for each of the entries “£49.45” substitute “£49.95”.
Rodger of Earlsferry
Lord President I.P.D.
Edinburgh,
18th December 1998.


text:
Citation and commencement
1
These Rules may be cited as the Merchant Shipping (Crew Accommodation) (Fishing Vessels) (Amendment) Regulations 1998 and shall come into force on 1st May 1998.
Amendment of the Merchant Shipping (Crew Accommodation) (Fishing Vessels) Regulations 1975
2
The Merchant Shipping (Crew Accommodation) (Fishing Vessels) Regulations 1975 shall be amended as follows:
3
In regulation 1 the following definitions shall be added in the appropriate place:
“existing fishing vessel” means a fishing vessel which is not a new fishing vessel;
“new fishing vessel” means a fishing vessel:
for which the building or major conversion contract was placed before 23rd November 1995 which is delivered three or more years after that date; or
constructed on or after 23rd November 1995;
except that if a building or major conversion contract was placed before that date and the vessel was delivered before 23rd November 1998 the vessel shall be regarded as constructed before 23rd November 1995;”
“Register” means the Register of Ships maintained under Part II of the Merchant Shipping Act 1995;
“worker” means any person carrying out an occupation on board a vessel, including trainees and apprentices but excluding shore personnel carrying out work on board a vessel at the quayside and port pilots;
.
4
For regulation 2 there shall be substituted the following:
Application
2
1
Subject to paragraph (2) below, these Regulations apply to any mechanically propelled sea-going fishing vessel of 24.4 metres or more in length registered on Part II of the Register, which either was registered for the first time as a fishing vessel on or after 1st January 1977 or was reconstructed or substantially altered after that date, except a vessel primarily propelled by sail but having auxiliary engines.
2
a
Regulations 6(7), 7(9), 10A, 11(4), 14A, 15, 15A, 16A, 25A, 25B, 27A, 28A, 29A, 31 and 36 apply to new fishing vessels of 15 metres in length or more.
b
regulations 6(8), 7(9), 10A, 11(4), 14A, 15, 15A, 25B, 28A, 29A and 31 apply to existing fishing vessels of 18 metres in length or over, in so far as the structural characteristics permit, on and after 23rd November 2002;
c
regulation 16 shall also apply to existing fishing vessels, of 18 metres in length or more but less than 24.4 metres in length, insofar as the structural characteristics permit, on and after 23rd November 2002.
5
For regulation 3 the following shall be substituted:
Extension to unregistered British fishing vessels
3
1
It is hereby directed that the provisions of section 43 of the Merchant Shipping Act 1995 and of these Regulations shall extend to vessel of the following description, that is to say, mechanically propelled sea-going fishing vessels of 24.4 metres or over in length which are:
a
wholly owned by a person resident in or by a body corporate having the principal place of business in the United Kingdom; and
b
required to be registered under Part II of the Register but not so registered; and to masters and seamen employed in them.”
2
For the purposes of this regulation, references in regulation 2 to registration of a fishing vessel shall be references to the date on which her construction was completed.
.
6
In regulation 6 after paragraph (6) there shall be added the following paragraphs —
Additional requirements for new fishing vessels of 15 metres or more in length
7
a
The location, structure, soundproofing, means of insulation and layout of the crew accommodation, where this exists, and means of access thereto shall be such as to provide adequate protection against weather and sea, vibration, noise and unpleasant odours from other parts of the vessel likely to disturb the workers during their period of rest.
b
Where the design, dimensions or purpose of the vessel allow, the crew accommodation shall be located so as to minimise the effects of motion and acceleration.
c
Appropriate measures shall be taken as far as possible to protect non-smokers from discomfort caused by tobacco smoke.”
Additional requirements for existing vessels of 18 metres in length or more in so far as the structural characteristics permit
8
Crew accommodation shall be such that noise, vibration, the effects of motion and acceleration and unpleasant odours from other parts of the vessel are minimised.
.
7
In regulation 7 after paragraph (8) there shall be added the following paragraph:
Additional requirements for existing vessels of 18 metres in length or more in so far as the structural characteristics permit and for new fishing vessels of 15 metres or more in length
9
Workplaces containing workstations shall be adequately soundproofed and insulated, bearing in mind the type of tasks involved and the physical activity of the workers.
8
After regulation 10 there shall be inserted the following new regulation:
Additional requirements for existing vessels of 18 metres in length or more in so far as the structural characteristics permit and for new fishing vessels of 15 metres or more in length
10A
The surface of decks, bulkheads and deckheads in the working areas shall be such that they can be cleaned or refurbished to an appropriate standard of hygiene.
9
After regulation 11(3) there shall be added the following paragraph:
Additional requirements for existing vessels of 18 metres in length or more in so far as the structural characteristics permit and for new fishing vessels of 15 metres or more in length
4
a
Means shall be provided so that doors can at all times be operated from the inside without special equipment. The doors shall be operable from either side when workplaces are in use.
b
Doors, and in particular sliding doors, where such have to be used, shall function as safely as possible for the workers, especially in adverse weather and sea conditions.
10
After regulation 14 the following regulation shall be inserted:
Additional requirements for existing vessels of 18 metres in length or more in so far as the structural characteristics permit and for new fishing vessels
14A
The temperature in working areas shall be adequate for the human body during the hours of working, having regard to the work methods used, the physical demands placed on the workers and the actual or potential weather conditions in the area in which the vessel operates.
2
The temperature in crew accommodation, sanitary facilities, canteens and first-aid rooms shall, where those areas exist, be appropriate to the particular purpose of such areas.
.
11
After regulation 15 there shall be inserted the following new regulation:
Additional requirements for existing vessels of 18 metres in length or more in so far as the structural characteristics permit and for new fishing vessels of 15 metres or more in length
15A
1
Workplaces shall as far as practicable be adequately lit by natural light and be equipped with artificial lighting suitable for the fishing operations in hand, without placing workers' safety and health in danger or jeopardizing other vessels
2
Installations for the lighting of working areas, stairs, ladders and passageways shall be placed in such a way that the type of lighting provided poses no risk of accident to workers and no hindrance to the navigation of the vessel.
3
a
Workplaces in which workers are especially exposed to risks in the event of failure of artificial lighting shall be provided with emergency lighting of adequate intensity.
b
Emergency lighting shall be maintained in an efficient operating condition and be tested at regular intervals.
12
After regulation 16 there shall be inserted the following new regulation:
Additional requirements for new fishing vessels of 15 metres or more in length
16A
1
Crew accommodation shall be properly ventilated to ensure a constant supply of fresh air and to prevent condensation.
2
a
There shall be sufficient fresh air in enclosed workplaces, having regard to the working methods used and the physical demands placed on the workers.
b
If a mechnical ventilation system is used, it must be maintained in good condition.
13
After regulation 25 there shall be inserted the following new regulations:
Additional requirements for new fishing vessels of 15 metres or more in length
25A
On vessels with crew accommodation, shower facilities with hot and cold running water and wash-basins shall be properly equipped and installed and the respective areas shall be properly ventilated.”
Additional requirements for existing vessels of 18 metres in length and over in so far as the structural characteristics permit and for new fishing vessels of 15 metres or more in length
25B
On vessels with crew accommodation, toilets, wash-basins and, if possible, a shower shall be installed and the respective areas shall be properly ventilated.
14
After regulation 27 there shall be inserted the following new regulation:
Additional requirements for new fishing vessels of 15 metres or more in length
27A
Every worker shall have the use of a place where he can keep his clothes.
.
15
After regulation 29 there shall be inserted the following new Regulation:
Additional requirements for existing vessels of 18 metres in length or more in so far as the structural characteristics permit and for new fishing vessels of more than 15 metres or more in length
29A
1
The galley and mess, where these exist, shall be of adequate size, well lit and ventilated and easy to clean.
2
Refrigerators or other low temperature food-storage equipment must be provided.
16
After regulation 35 there shall be added the following new regulation:
Additional requirements for new fishing vessels of 15 metres or more in length
36
All appropriate technical measures shall be taken to reduce the noise level at work in places and crew accommodation as far as possible, taking into account the size of the vessel.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Glenda Jackson
Parliamentary Under-Secretary of State
Department of the Environment, Transport and Regions
30th March 1998


text:
Commencement and citation
1
This Order may be cited as The A23 Trunk Road (Lambeth) Red Route (Prohibition of Traffic) Traffic Order 1998, and shall come into force on 4th February 1998.
Interpretation
2
In this Order “central reservation” means that part of the trunk road which separates one part of its carriageway from another part for the safety and guidance of vehicular traffic using that road.
Prohibition
3
1
Subject to the provisions of article 6 below, no person shall cause or permit any vehicle to enter or proceed through the gap in the central reservation of the A23 trunk road at the following locations: —
a
A23 Streatham High Road opposite Heybridge Avenue.
b
A23 Streatham High Road opposite Guildersfield Road
c
A23 Streatham High Road opposite Kingscourt Road
d
A23 Streatham Hill opposite Tierney Road.
4
Subject to the provisions of article 6 below, no person shall, cause or permit any vehicle proceeding in the A23 Trunk Road, Streatham High Road and Streatham Hill, in the direction specified in an item in column (2) of the Table below to pass through the gap in the central reservation specified in column (3) of that item and then proceed in that road in the direction specified in column (4) of that item.
TABLE
(1) (2) (3) (4) Item No Direction proceeding Gap in reservation Direction prohibited
1. northwards Opposite 542 Streatham High Road southwards 2. southwards Opposite 325 Streatham High Road northwards 3. northwards Streatham Hill, opposite the northern access to Brixton Bus Garage southwards 4. southwards Streatham Hill, opposite the southern egress from Brixton Bus Garage northwards 5. northwards Streatham Hill, at the junction with the A205 South Circular Road southwards
Exemptions
5
The provisions of articles 3 and 4 above do not apply: —
a
to anything done with the permission or at the direction of a police constable in uniform or a traffic warden; or
b
to a vehicle being used for fire brigade, ambulance or police purposes.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
21st January 1998


text:
Commencement and citation
1
This Order may be cited as the London Borough of Lewisham (Trunk Roads) Red Route (Bus Lanes) Traffic Order 1998, and shall come into force on 16th October 1998.
Interpretation
2
In this Order–
a
a reference to an article followed by a number is a reference to the article of this order so numbered;
b
causing includes permitting;
c
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ; and
d
“vehicle” includes part of a vehicle;
e
“bus”, “local bus”, “pedal cycle”, “taxi”, “bus lane”, “contra-flow” and “with-flow lane” have the meanings given in the Traffic Signs Regulations and General Directions 1994 ;
f
“dial-a-ride bus” means a vehicle–
i
displaying so as to be conspicuous on the outside of the vehicle a logo in a form approved by or with the authority of the Traffic Director for London and containing the words “dial-a-ride”; and
ii
constructed or adapted for the carriage of disabled persons and their companions and which is being used to provide a service for the carriage of such persons;
g
“times of operation” means, in relation to a length of road specified in an item in column (2) of the table in the schedule, the times specified in that item in column (3) of that table;
h
“permitted vehicles” means, in relation to a length of road specified in an item in column (2) of the table in the schedule, the vehicles specified in that item in column (5) of that table;
i
an entry in column (3), (4) or (5) of an item in the table in the schedule to this order applies to that column in subsequent items in that schedule.
Bus Lane Controls
3
1
No person shall cause a vehicle to be in a bus lane in a length of road specified in an item in column (2) of the table in the schedule to this order during the times specified in that item in column (3) of that item unless that vehicle is proceeding in the direction specified in column (4) of that item and is of a type specified in column (5) of that item.
2
The controls specified in paragraph (1) of this article do not apply so as to prevent a vehicle stopping in a bus lane for as long as may be necessary–
a
to enable a person to get on or off the vehicle; or
b
to enable goods to be loaded on to or unloaded from the vehicle;
if and in so far as the activity is not prohibited by the provisions of any other order.
Exemptions
4
1
The controls specified in article 3(1) do not apply in respect of a vehicle which is being used for a purpose which is within the exemption to a restriction or prohibition imposed by any other order made under the Road Traffic Regulation Act 1984 or which is permitted by any other order.
2
The controls specified in article 3(1) do not apply in respect of a vehicle stopping in a bus lane if the vehicle is being used in–
a
the service of a local authority for the purpose of collecting refuse;
b
the pursuance of any statutory duty of the Post Office for the purpose of collecting or delivering letters provided the vehicle bears the Royal Mail livery;
c
connection with the removal of any obstruction to traffic;
d
connection with the maintenance, improvement or reconstruction of any road;
e
connection with the maintenance, improvement or construction of any street furniture including bus stop infrastructure;
f
connection with any building operation or demolition;
g
connection with the laying, erection, alteration or repair in or near the bus lane of any sewer or of any main, pipe or apparatus for the supply of gas, water or electricity, or of any telecommunications apparatus as defined in paragraph 1(1) of Schedule 2 of the Telecommunications Act 1984 ;
if the vehicle cannot be used for that purpose without being in the bus lane and in so far as the activity is not prohibited by the provisions of any other order made under the Road Traffic Regulation Act 1984.
3
The controls specified in article 3(1) do not apply in respect of–
a
a vehicle entering or stopping in a bus lane so as to avoid an accident;
b
a vehicle entering or stopping in a bus lane to allow a person to get or give help in consequence of an accident or emergency or otherwise take action for public safety;
c
a vehicle crossing a bus lane in order to get to or from any road adjacent to the bus lane or any vehicular access to premises adjacent to the bus lane;
d
a vehicle being in a bus lane to such an extent and for such a time as is needed to comply with any requirement resulting from works or an emergency in any part of the road adjoining the bus lane;
e
a vehicle being used for ambulance, fire brigade or police purposes;
f
a vehicle stopping in a bus lane if it has lawfully entered the bus lane and it has to stop–
i
by law;
ii
to avoid an accident;
iii
in circumstances beyond the drivers control;
g
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation
5
The A205 Trunk Road (Lewisham) Red Route (Bus Lane) ( No. 2) Experimental Traffic Order 1997 is hereby revoked.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
7th October 1998


text:
Citation and commencement
1
This Order may be cited as the Food (Cheese) (Emergency Control) (Amendment) Order 1998 and shall come into force on 22nd May 1998.
Amendment of article 4(2) of the Food (Cheese) (Emergency Control) Order 1998
2
In article 4(2) of the Food (Cheese) (Emergency Control) Order 1998 (modification of section 9 of the Food Safety Act 1990), for sub-paragraphs (b) and (c) there shall be substituted the following sub-paragraphs —
b
in subsection (4) there shall be substituted for the words from “whether or not” to the end the words ''whether the food is cheese which is prohibited by an Order made under section 13 of this Act and —
a
if he determines that it is not, he shall forthwith withdraw the notice;
b
if he determines that it is, he shall seize the cheese and remove it in order to have it dealt with by a justice of the peace.
;
c
in subsection (5)(a) for the words “section 7 or 8 above” there shall be substituted the words “section 13(2) below”;
d
in subsection (6) for the words “fails to comply with food safety requirements” there shall be substituted the words “is cheese in respect of which commercial operations are prohibited by an Order under section 13 of this Act”;
e
in subsection (9)(c) for the words “of the failure of the food in question to comply with food safety requirements” there shall be substituted the words “that the food is cheese in respect of which commercial operations are prohibited by an Order under section 13 of this Act”.
Signed by authority of the Secretary of State for Health
Tessa Jowell
Minister of State for Public Health,
Department of Health
21st May 1998


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Beef Labelling (Enforcement) Regulations 1998 and shall come into force on 1st April 1998.
2
In these Regulations —
“the Commission Regulation” means Commission Regulation ( EC ) No. 1141/97 laying down detailed rules for the application of Council Regulation (EC) No. 820/97 as regards the labelling of beef and beef products ;
“the Council Regulation” means Council Regulation (EC) No. 820/97 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products .
Enforcement of the Council Regulation
2
1
Any person who fails to comply with Article 12.1 of the Council Regulation shall be guilty of an offence.
2
Where beef has been labelled and marketed in a manner which does not comply with a specification established under Article 14 or 15 of the Council Regulation, an officer of a food authority enforcing these Regulations may serve a notice on the person in possession of the beef requiring its removal from sale until the label is removed or until the beef is relabelled in accordance with those Articles; and any person who fails to comply with the provisions of that notice shall be guilty of an offence.
3
The Minister shall be the competent authority for the purposes of Article 14 of the Council Regulation.
Enforcement of the Commission Regulation
3
1
Any person who fails to comply with Article 2, Article 3.1 or Article 3.4 of the Commission Regulation shall be guilty of an offence.
2
The Minister shall be the competent authority for the purposes of Article 3 of the Commission Regulation.
Enforcement bodies
4
1
Subject to the following provisions of this regulation, each food authority shall enforce and execute these Regulations in its area.
2
Each port health authority (or, in Scotland, each port local authority) shall enforce and execute these Regulations in its district in relation to imported beef.
3
In this regulation “food authority” does not include the council of a district in a non-metropolitan county in England except where the county functions have been transferred to that council under a structural change.
Penalties
5
1
A person guilty of an offence under regulation 2 or 3 above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
Where an offence under these Regulations is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of an offence and liable to be proceeded against and punished accordingly.
Application of various provisions of the Food Safety Act 1990
6
1
The following provisions of the Food Safety Act 1990 shall apply for the purposes of these Regulations as they apply for the purposes of sections 8, 14 or 15 of that Act and unless the context otherwise requires any reference to them in that Act shall be construed as a reference to these Regulations —
(a) section 2 (extended meaning of “sale” etc. ); (b) section 20 (offences due to fault of another person); (c) section 21 (defence of due diligence); (d) section 30(8) (which relates to documentary evidence); (e) section 35(1) to (3) (punishment of offences) insofar as it relates to offences under section 33(1) and (2); (f) section 36 (offences by bodies corporate); and (g) section 44 (protection of officers acting in good faith).
2
Sections 32 and 33 of the Food Safety Act 1990 (powers of entry, obstruction etc. of officers) shall apply for the purposes of these Regulations as they apply for the purposes of that Act; and any reference to the Act in those sections shall be construed for the purposes of these Regulations as including a reference to Article 12.1 of the Council Regulation and Articles 2 and 3 of the Commission Regulation.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
9th March 1998
Signed by authority of the Secretary of State for Health
Tessa Jowell
Minister of State for Public Health,
Department of Health
5th March 1998
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
9th March 1998
Sewel
Parliamentary Under Secretary of State, Scottish Office
9th March 1998


text:
Citation and commencement
1
These Regulations may be cited as the Antarctic (Amendment) Regulations 1998 and shall come into force on 1st May 1998. The Antarctic Regulations 1995 (“the principal Regulations”), as amended , and these Regulations may be cited together as the Antarctic Regulations 1995 to 1998.
Amendment of Regulation 18 of the principal Regulations
2
In paragraph (2) of Regulation 18 of the principal Regulations, after the words “British ship or British aircraft” shall be inserted “or British hovercraft”.
Amendment of Schedules 1 and 2 to the principal Regulations
3
The Schedules to the principal Regulations shall be amended as follows:
a
There shall be added to Schedule 1 the areas listed and described in Schedule 1 to these Regulations.
b
In Schedule 2:
i
The description of Historic Site number 14 shall be replaced by:
Site of ice cave at Inexpressible Bay, Terra Nova Bay (Lat. 74°54'S, Long. 163°43'E), constructed in March 1912 by Victor Campbell’s Northern Party, British Antarctic Expedition, 1910–13.
.
ii
The description of Historic Site number 41 shall be replaced by:
Stone hut on Paulet Island (Lat. 63°35'S, Long. 55°47'W), built in February 1903 by the Norwegian C. A. Larsen, of the Swedish South Polar Expedition led by Otto Nordenskjold, together with the grave of a member of that expedition, and the rock cairn, built by survivors of the wreck at the highest point of the island to draw the attention of rescue expeditions.
.
iii
There shall be added at the end of the Schedule the sites and monuments listed in Schedule 2 to these Regulations.
Tony Lloyd
For the Secretary of State for Foreign and Commonwealth Affairs
19th March 1998


text:
1
This Order may be cited as the Wireless Telegraphy (Jersey) Order 1998 and shall come into force on 24th July 1998.
2
Sections 1 to 8 and 10(1) of, and the Schedules to, the Wireless Telegraphy Act 1998 shall extend to the Bailiwick of Jersey with the following adaptations and modifications —
a
any reference to the Wireless Telegraphy Act 1949 shall be construed as a reference to that Act as extended to the Bailiwick of Jersey by the Wireless Telegraphy (Channel Islands) Order 1952 ;
b
after section 3(5) insert —
5A
The Secretary of State shall, after consultation with the Finance and Economics Committee of the States of Jersey, pay to the Treasurer of the States of Jersey to be credited to the annual income of the States such proportion of the sums received under subsection (5) as appears to the Secretary of State to be appropriate.
;
c
in section 6 —
i
in subsection (2)(a), for the words “London, Edinburgh and Belfast Gazettes” substitute “Jersey Gazette”; and
ii
at the end, add —
5
Any statutory instrument containing regulations made under this Act shall not have effect in the Bailiwick of Jersey unless it is registered in the Royal Court of Jersey; and where any such statutory instrument is so registered, it shall have effect on the day following the day of such registration or on the day of coming into force specified in the instrument, whichever is the later.
;
d
in Schedule 1 —
i
omit paragraph 3; and
ii
in paragraph 4, after “Broadcasting Act 1990” insert “as extended to the Bailiwick of Jersey by the Broadcasting Act 1990 (Jersey) Order 1991” ;
e
in Part I of Schedule 2 —
i
omit the references to section 3A of the Wireless Telegraphy Act 1949 and section 74 of the Telecommunications Act 1984 ;
ii
after “section 3(2) to (5)” insert “as extended to the Bailiwick of Jersey by the Wireless Telegraphy (Channel Islands) Order 1969” ; and
iii
after “paragraph 2(2)” insert “as extended to the Bailiwick of Jersey by the Broadcasting Act 1990 (Jersey) Order 1991”; and
f
omit Part II of Schedule 2.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and Commencement
1
This Order may be cited as the Air Navigation (Third Amendment) Order 1998 and shall come into force on 1st May 1998.
2
The Air Navigation ( No. 2) Order 1995 shall be amended as follows:
1
In article 3(2)(a), for “articles 14, 15, 20 and 38” there shall be substituted “articles 14, 15, 21 and 38”.
2
For article 10(1) there shall be substituted:
10
1
a
An aircraft registered in the United Kingdom in respect of which a certificate of airworthiness is in force shall not fly unless the aircraft (including in particular its engines), together with its equipment and radio station, is maintained in accordance with a maintenance schedule approved by the Authority in relation to that aircraft.
b
An aircraft registered in the United Kingdom in respect of which a certificate of airworthiness in either the transport or in the aerial work category is in force shall not fly unless there is in force a certificate (in this Order referred to as a “certificate of maintenance review”) issued in respect of the aircraft in accordance with the provisions of this article and such certificate shall certify the date on which the maintenance review was carried out and the date when the next review is due.
.
3
For article 10(2) there shall be substituted:
2
A maintenance schedule approved pursuant to paragraph (1) in relation to an aircraft in respect of which there has been issued a certificate of airworthiness in either the transport or in the aerial work category shall specify the occasions on which a review must be carried out for the purpose of issuing a certificate of maintenance review.
.
4
For article 20(5) there shall be substituted:
5
An aircraft registered in the United Kingdom which is required by the provisions of article 15 of this Order to be equipped with radio communications apparatus shall carry a flight radiotelephony operator as a member of the flight crew.
.
5
For article 21(2)(a) there shall be substituted:
a
i
act as a flight radiotelephony operator if:
aa
he does so as the pilot of a glider not flying for the purpose of public transport or aerial work;
bb
he is authorised to operate the radio station by the holder of the licence granted in respect of that station under any enactment;
cc
he does not communicate by radiotelephony with any air traffic control unit;
dd
messages are transmitted only for the purposes of instruction, or of the safety or navigation of the aircraft;
ee
messages are transmitted only on a frequency exceeding 60 MHz assigned by the Authority for the purposes of this sub-paragraph;
ff
the operation of the transmitter requires the use only of external switches; and
gg
the stability of the frequency radiated is maintained automatically by the transmitter;
ii
act as a flight radiotelephony operator if:
aa
he does so as a person being trained in an aircraft registered in the United Kingdom to perform duties as a member of the flight crew of an aircraft;
bb
he is authorised to operate the radiotelephony station by the holder of the licence granted in respect of that station under any enactment;
cc
messages are transmitted only for the purposes of instruction, or of the safety or navigation of the aircraft;
dd
messages are transmitted only on a frequency exceeding 60 MHz assigned by the Authority for the purposes of this sub-paragraph;
ee
the operation of the transmitter requires the use only of external switches; and
ff
the stability of the frequency radiated is maintained automatically by the transmitter;
.
6
For article 21(9)(a) there shall be substituted:
a
he acts as a flight radiotelephony operator otherwise than in accordance with paragraph (2)(a)(i); or
.
7
After article 32 there shall be inserted:
Public transport operations at night or in Instrument Meteorological Conditions by single engined aeroplanes not registered in the United Kingdom.
32A
— An aeroplane which is not registered in the United Kingdom and is powered by one engine only shall not fly for the purpose of public transport at night or when the cloud ceiling or visibility prevailing at the aerodrome of departure and forecast for the estimated time of landing at the aerodrome at which it is intended to land and at any alternate aerodrome are less than 1,000 feet and 1 nautical mile respectively.
.
8
Article 41(5), (6) and (7) shall be omitted.
9
a
In article 83(1), for “Subject to paragraphs (3) and (4)” there shall be substituted “Subject to paragraphs (3), (4) and (5)”.
b
After Article 83(4) there shall be inserted:
5
A licence shall not be required by any person who acts in the course of his duty as a member of any of Her Majesty’s naval, military or air forces or a visiting force.
.
10
In article 118(1), in the definition of “flight crew” for “flight radio operator” there shall be substituted “flight radiotelephony operator”.
11
In article 118(1), the definition of “Offshore installation” shall be omitted.
12
In Schedule 4, paragraph 5, under the heading “Scale R”, in sub-paragraph (i)(a), for “article 19” on both occasions on which it appears there shall be substituted “article 20”.
13
In Schedule 5, for the Table at paragraph 2, there shall be substituted:
2. Table
Aircraft and Circumstances of Flight Scale of Equipment Required
*
Unless the appropriate air traffic control unit otherwise permits in relation to the particular flight and provided that the aircraft complies with any instructions which the air traffic control unit may give in the particular case.
#
Provided that non-public transport aircraft flying in Class D and E airspace shall not be required to be provided with distance measuring equipment.
A B C D E F G H
1
All aircraft (other than gliders) within the United Kingdom:
a
when flying under Instrument Flight Rules within controlled airspace
A E F
b
when flying within controlled airspace
A
c
when making an approach to landing at an aerodrome notified for the purpose of this sub-paragraph
G
2
All aircraft within the United Kingdom:
a
when flying at or above flight level 245
A
b
when flying within airspace notified for the purposes of this sub-paragraph
A
3
All aircraft (other than gliders) within the United Kingdom:
a
when flying at or above flight level 245
E F
b
when flying within airspace notified for the purposes of this sub-paragraph
E
c
when flying at or above flight level 100
E
4
All aircraft registered in the United Kingdom, wherever they may be:
a
when flying for the purpose of public transport under Instrument Flight Rules:
i
while making an approach to landing
A C D H
ii
on all other occasions
A C H
b
subject to sub-paragraph (d), multi-engined aircraft when flying for the purpose of public transport under Visual Flight Rules
A H
c
subject to sub-paragraph (d), single engined aircraft when flying for the purpose of public transport under Visual Flight Rules:
i
over a route on which navigation is effected solely by visual reference to landmarks
A
ii
on all other occasions
A B
d
Aircraft which come within paragraphs 3(b) and 3(c) above solely by virtue of the provisions of article 119(2)(c) may carry instead of the requirements of the said paragraphs 3(b) and 3(c):
aa
over a route on which navigation is not effected solely by visual reference to landmarks
A B
bb
over water, beyond gliding distance from any land
A
e
when flying under Instrument Flight Rules within controlled airspace and not required to comply with paragraph 3(a) above
A
.
14
In Schedule 6, paragraph 1, in sub-paragraph (f) for “article 10(2) and (3)” there shall be substituted “article 11(2) and (3)”.
15
In Schedule 8, Part A, paragraph 1:
a
under the heading “Private Pilot’s Licence (Aeroplanes)” after sub-paragraph (2)(e) there shall be inserted:
f
He shall not, unless his licence includes an instrument rating (aeroplanes) or an instrument meteorological conditions rating (aeroplanes) fly as pilot in command or co-pilot of such an aeroplane flying in Class D or E airspace in circumstances which require compliance with the Instrument Flight Rules.
; and
b
under the heading “Basic Commercial Pilot’s Licence (Aeroplanes)” after sub-paragraph (2)(b)(viii) there shall be inserted:
ix
He shall not, unless his licence includes an instrument rating (aeroplanes) or an instrument meteorological condition rating (aeroplanes) fly as pilot in command or co-pilot of such an aeroplane flying in Class D or E airspace in circumstances which require compliance with the instrument flight rules.
.
16
In Schedule 8, Part A, paragraph 5:
a
the heading “Flight Radiotelephony Operator’s General Licence” and the Minimum Age, Maximum Period of Validity and Privileges relating thereto shall be omitted.
b
for the heading “Flight Radiotelephony Operator’s Restricted Licence” there shall be substituted “Flight Radiotelephony Operator’s Licence” and for “Minimum Age — 17 years” there shall be substituted “Minimum Age — 16 years”.
c
the heading “Flight Radiotelegraphy Operator’s Licence” and the Minimum Age, Maximum Period of Validity and Privileges relating thereto shall be omitted.
d
the heading “Flight Radiotelegraphy Operator’s Temporary Licence” and the Minimum Age, Maximum Period of Validity and Privileges relating thereto shall be omitted.
17
In Schedule 8, Part B, paragraph 1 under the heading “Instrumental Meteorological Conditions Rating (Aeroplanes)” for “paragraphs (2)(c) or (2)(b)(vii) of the privileges of such licences” there shall be substituted:
paragraphs (2)(c) and (2)(f) of the privileges of the private pilot’s licence (aeroplanes) or (2)(b)(vii) or (ix) of the privileges of the basic commercial pilot’s licence (aeroplanes)
.
18
In Schedule 11, for “`A' means the licence in force under the Wireless Telegraphy Act 1949 in respect of the aircraft radio station installed in the aircraft, and the current telecommunications log book required by this Order;” there shall be substituted “`A' means the licence in force under the Wireless Telegraphy Act 1949 in respect of the aircraft radio station installed in the aircraft;”.
19
In Schedule 12, Part A in the column headed “Article of Order” after “32” there shall be inserted “32A” and adjacent thereto in the column headed “Subject Matter” there shall be inserted:
Prohibition on public transport flights at night or in Instrument Meteorological Conditions by non-UK registered single engined aeroplanes
.
N. H. Nicholls
Clerk of the Privy Council