text:
Citation and commencement and interpretation
1
These Regulations may be cited as the Local Government Pension Scheme Regulations 1997 (Amendment) Regulations 1998 and shall come into force on 12th June 1998 but shall have effect from 1st April 1998.
Amendment of Regulations
2
The Local Government Pension Scheme Regulations 1997 shall be amended in accordance with the following provisions of these Regulations.
General eligibility for membership: employees of Scheme employers etc.
3
In regulations 4(6), add at the end as new sub-paragraphs the following–
g
the Service Authority for the National Crime Intelligence Service;
h
the Service Authority for the National Crime Squad .
.
Further restrictions on eligibility
4
In regulation 6(8), for “(3)” substitute “(4)”.
Excluded membership
5
In regulation 10(2)(b), for “Chapter III ” substitute “Chapter II ”.
Meaning of pay
6
In regulation 13–
a
delete sub-paragraph (b) of paragraphs (1) and (8);
b
in paragraph (2)(f), for “(but see paragraphs (8) and (9))” substitute “(but see paragraph (8))”;
c
in paragraph (8)(a) delete “and”; and
d
delete paragraph (9).
Members with lower rate rights
7
In regulation 14–
a
in paragraph (1), delete “or (3)”; and
b
in paragraph (2)(b), for paragraph (ii) substitute–
ii
he falls within paragraph (3)
.
Inland Revenue limits on contributions
8
In regulation 16(2), for “pay” substitute “remuneration”.
Calculations
9
In regulation 20(6), after sub-paragraph (a) insert–
aa
regulation 31 (elections for early payment),
.
Final pay
10
In regulation 21(4), add at the end “or, in calculating death grant, three eightieths of final pay multiplied by total membership if greater”.
Other final pay periods
11
In regulation 22–
a
in paragraph (4), insert “to whom paragraph (4A) applies” after “A member”; and
b
insert after paragraph (4)–
4A
This paragraph applies to a member whose pay in the period which he would elect as his final pay period if he made an election under paragraph (4) is higher than his pay in a final pay period determined under regulation 21(2) or paragraph (1), (2) or (3).
.
Permanent reductions in pay: certificates of protection of pension benefits
12
In regulation 23(3), insert after paragraph (3)–
3A
A member is not entitled to be issued with a certificate under this regulation if the reduction in his rate of pay–
a
is temporary, or
b
consists in the termination of, or a reduction in, a temporary increase in the rate of pay.
.
Amounts of ill-health pension and grant
13
In regulation 28, insert after paragraph (4)–
4A
The maximum period which may be added to a member’s total membership period to calculate his enhanced membership period in respect of all his local government employments is 10 years.
.
Other early leavers: deferred retirement benefits and election for early payment
14
In regulation 31(6), for sub-paragraph (a) substitute–
a
he may elect to receive payment of the retirement benefits immediately, whatever his age, and
.
Re-employed and rejoining deferred members
15
In regulation 32(10), delete “with a different Scheme employer”.
Death grants
16
In regulation 38(1), after “the administering authority” insert “at their absolute discretion”and after “the member’s nominee” insert “or personal representatives,”.
Reduction of some surviving spouses' pensions
17
In regulation 42(3), add at the end–
where the widower was married to the member at some time while she was in local government employment after 31st March 1972
.
Children’s short-term pensions
18
In regulation 45(6), add at the end “if the child is in the care of the surviving spouse”.
Children’s long term pension
19
In regulation 46(9)(a)(i), delete “and the child is in the care of the spouse”.
Power of employing authority to increase total membership of new members
20
In regulation 53(7), insert “payment of” after “immediately entitled to”.
Payments to increase total membership
21
In regulation 55, delete paragraph (5).
Elections to pay AVCs
22
In regulation 60(2), for “his pay” substitute “his remuneration”.
Interest
23
In regulation 82–
a
in paragraph (2), for “regulation 94(1)” substitute “regulation 87(1) and (2A), 89(5) or 94”; and
b
delete paragraph (3).
Right to return of contributions
24
In regulation 87–
a
in paragraph (1), for “and, if repayment” to the end of the paragraph substitute “with interest calculated to the date he ceased to be employed”;
b
in paragraph (2), after “ceased to be a member” insert “by reason of a notification under regulation 8(2) or”; and
c
after paragraph (2) insert–
2A
If repayment of the contributions (with interest due under paragraph (1), if applicable) has not been made before the expiry of the period of one year beginning with the date when active membership ceases, the person is entitled to interest on the repayment which should have been made, calculated as provided in regulation 82(2), the due date being the date when active membership ceased.
.
Exclusion of rights to return of contributions
25
In Regulation 88–
a
in paragraph (2), for “grave misconduct” substitute “an offence of a fraudulent character”; and
b
in paragraph (3), for sub-paragraph (b) substitute–
b
a transfer value has been credited to the appropriate fund for him
.
Deduction and recovery of member’s contributions
26
In regulation 89–
a
for paragraph (5) substitute–
5
If–
a
an employing authority deduct any amount in error from a person’s pay or any other sum due to him in respect of contributions, other than contributions due to be repaid to him by virtue of his having left without any rights under the Scheme (which are dealt with under regulation 87), and
b
the amount has not been repaid to him before the expiry of the period of one month beginning with the date of deduction,
the appropriate body must pay him interest on that amount calculated as provided in regulation 82(2), the due date being the date of deduction.
; and
b
add as paragraphs (5A) and (6)–
5A
Where the employee’s contributions have been paid into the appropriate fund, the repayment and interest shall be made out of that fund.
6
“The appropriate body” for the purpose of paragraph (5) is–
a
the appropriate administering authority where the employee’s contributions have been paid into the appropriate fund, and
b
the person’s employing authority where the employee’s contributions have not yet been paid into the appropriate fund.
.
Interest on late payment of certain benefits
27
In regulation 94–
a
in paragraph (1), for paragraphs (a) and (b) substitute “calculated from the due date as provided in regulation 82(2)”;
b
as a new paragraph (1A) insert–
1A
The relevant period–
a
in the case of a pension is one year;
b
in the case of a payment made under regulation 38(1), is the period ending one month after the date on which the administering authority receives notification of the member’s death; and
c
otherwise is one month.
;
c
in paragraph (2), for “one month after the amount” substitute “the date on which it”;
d
after paragraph (2) insert–
2A
In the case of a retirement grant, the due date is the date on which it is payable.
;
e
in paragraph (3), for sub-paragraphs (a) and (b) substitute “the member dies”; and
f
add–
4
In the case of an ill-health grant, the due date is the day after the member ceased to hold his employment.
5
In the case of a payment of a lump sum under regulation 49 or 50, the due date is the day after the member would otherwise become entitled to payment of a pension.
.
First instance decisions
28
In regulation 97–
a
in paragraph (3), for “the employment ends” substitute “the earlier of the date the employment ends or the date specified in the notification mentioned in regulation 8(3)”; and
b
in paragraph (10), for “that authority’s approval” substitute “the approval of the appropriate administering authority to their choice of registered medical practitioner”.
Statements of policy concerning exercise of discretionary functions
29
In regulation 106(3), add at the end “and each such employer or authority shall publish that statement”.
Statements of policy concerning abatement of retirement pensions in new employment
30
In regulation 109(3), before “authority” insert “administering”.
Forfeiture of pension rights after conviction of employment-related offences
31
In regulation 111(6), after “given” insert “if an application for a forfeiture certificate has been made by the former employing authority”.
Members employed by magistrates' courts committees
32
In regulation 133(11)(b), for “paragraph (3) of regulation 103” substitute “the words “(otherwise than in the exercise of a discretion)” in paragraph (1)(a)”.
Definitions
33
In Schedule 1, in the definition of “City of London employing body” delete “or” at the end of paragraph (c) and add after paragraph (d)–
, or
e
the Corporation of the City of London;
.
Revenue Restrictions
34
Schedule 4 is amended as set out in the Schedule to these Regulations.
Right to opt out
35
1
Where–
a
apart from this regulation, the amendments made by these Regulations would place any relevant beneficiary in a worse position than he would otherwise be, and
b
that relevant beneficiary so elects by notice in writing given to the appropriate administering authority within the period of six months beginning with the date on which these Regulations come into force,
then the Local Government Pension Scheme Regulations 1997 shall have effect in relation to him as if those amendments had never been made.
2
For the purposes of paragraph (1), a relevant beneficiary is a person to whom any benefit is or may become payable being a benefit payable to or in respect of a person who
a
ceased to hold an employment in respect of which he was a member (whether or not he had subsequently recommenced any such employment), or
b
died while in such employment,
before the date on which these Regulations come into force.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
15th May 1998


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as The M4 Motorway (London Borough of Hounslow) (Bus Lane) Order 1998 and shall come into force on 1st January 1999.
Interpretation
2
In this Order:
“bus” means a public service vehicle as defined in section 1 of the Public Passenger Vehicles Act 1981 ;
“taxi” has the meaning given in Regulation 4 of the Traffic Signs Regulations and General Directions 1994 ;
“motorway” has the meaning given in Regulation 3(1) of the Motorways Traffic (England and Wales) Regulations 1982 ;
“bus lane” means the right-hand or offside traffic lane of the eastbound carriageway of the M4 motorway between a point 19 metres east of marker post 21.8 and a point 12 metres west of marker post 16.0, a total distance of approximately 5.78 kilometres.
Prohibition
3
1
Subject to paragraph (2) no person shall cause or permit any vehicle to enter in or proceed in the bus lane.
2
Paragraph (1) of this order shall not apply to:
a
a bus, or a licensed taxi;
b
a vehicle being used for police, ambulance or fire brigade purposes;
c
anything done at the direction or with the permission of a police constable in uniform, or of a traffic warden; or
d
a vehicle being used in connection with:
i
the removal of any obstruction to traffic in or near the motorway,
ii
the maintenance, improvement or reconstruction of the motorway or any adjoining road,
iii
the laying, erection, alteration, or repair 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 Schedule 2 to the Telecommunications Act 1984 in or near the motorway, or
iv
the placing, maintenance or removal of any traffic sign in or near the motorway.
Signed by authority of the Secretary of State for Environment, Transport and the Regions
A.R. Mellors
A Grade 7, Highways Agency, London Network and Customer Services Division
18th November 1998


text:
Commencement and citation
1
This Order may be cited as the London Borough of Haringey (A10 Trunk Road) Red Route (Bus Lanes) Traffic Order 1998, and shall come into force on 4th May 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 Telecommuni cations 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.
Signed in accordance with a direction from the Secretary of State
Derek Turner
Traffic Director for London
21st April 1998


text:
1
This Order may be cited as the Copyright (Certification of Licensing Scheme for Educational Recording of Broadcasts and Cable Programmes) (Educational Recording Agency Limited) (Amendment) Order 1998 and shall come into force on 1st April 1998.
2
The licensing scheme set out in the Schedule to the Principal Order shall be amended as follows:
a
in paragraph 4, by substituting for the words “INDEPENDENT TELEVISION ASSOCIATION” the words “INDEPENDENT TELEVISION ASSOCIATION LIMITED”; and
b
in paragraph 10 there shall be substituted for all the words which appear immediately before the words “NOTE 1”, the following:
a
For licences taking effect on or after 1st April 1998 but on or before 31st March 1999, the annual tariff, when calculated on a full-time or full-time equivalents per capita basis by category of student in an Educational Establishment, shall be:
i
Students in Primary Educational Establishments (including Educational Establishments known as Preparatory Schools) — 21p per capita.
ii
Students in Secondary Educational Establishments — 42p per capita.
iii
Students in Educational Establishments of Further Education (including Educational Establishments formerly known as Sixth Form Colleges) — 78p per capita.
iv
Students in Educational Establishments of Higher Education (including Higher Education Colleges and Universities) — £1.28 per capita.
v
Students in Educational Establishments other than Primary, Secondary, Further and Higher Education designated from time to time by the Secretary of State — a fee related to the above by type.
b
For licences taking effect on or after 1st April 1999, the annual tariff, when calculated on a full-time or full-time equivalents per capita basis by category of student in an Educational Establishment, shall be:
i
Students in Primary Educational Establishments (including Educational Establishments known as Preparatory Schools) — 21p per capita.
ii
Students in Secondary Educational Establishments — 42p per capita.
iii
Students in Educational Establishments of Further Education (including Educational Establishments formerly known as Sixth Form Colleges) — 80p per capita.
iv
Students in Educational Establishments of Higher Education (including Higher Education Colleges and Universities) — £1.30 per capita.
v
Students in Educational Establishments other than Primary, Secondary, Further and Higher Education designated from time to time by the Secretary of State — a fee related to the above by type.
Ian McCartney
Minister of State,
Department of Trade and Industry
31st January 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Surrey Oaklands National Health Service Trust (Establishment) Order 1998 and shall come into force on 1st April 1998.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st April 1998.
“the trust” means the Surrey Oaklands National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is hereby established an NHS trust which shall be called the Surrey Oaklands National Health Service Trust.
Functions of the trust
3
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more Health Authorities) shall be to own and manage pursuant to section 5(1)(a) of the Act
i
Langley House, Church Lane, Oxted, Surrey RH8 9LH,
ii
St. Ebba's, Hook Road, Epsom, Surrey KT19 8QJ,
and associated premises, and there to provide and manage community health services.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 executive directors and 5 non-executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1998.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between the establishment date and the operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance by Health Authorities before operational date
7
1
The East Surrey Health Authority shall discharge the liabilities of the trust incurred during the period from and including the establishment date until the operational date that are of a description specified in paragraph (2) of this article.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,
Department of Health
10th March 1998


text:
1
These Regulations may be cited as the Education (Grants for Education Support and Training) (England) (Amendment) Regulations 1998 and shall come into force on 16th February 1998.
2
The Education (Grants for Education Support and Training) (England) Regulations 1997 shall be amended as follows.
3
In regulation 5(2) the following entries shall be inserted at the end of the table in the left hand and right hand columns respectively —
23 100
.
4
In regulation 11(1) for “or 18” there shall be substituted “, 18 or 23”.
5
In the Schedule after paragraph 22 there shall be inserted the following paragraph —
23
Further support for schools by the provision of books.
.
Stephen Byers
Minister of State,
Department for Education and Employment
15th January 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Eden (Electoral Changes) Order 1998.
2
This Order shall come into force on 6th May 1999, except that for the purpose of all proceedings preliminary or relating to an election to be held on or after that date this Order shall come into force on the day after the day on which it is made.
3
In this Order–
“the district” means the district of Eden;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to “the map” is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the District of Eden (Electoral Changes) Order 1998”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of Eden
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into thirty wards which shall bear the names set out in column (1) of the Schedule.
3
The wards shall comprise the areas described in column (2) of the Schedule by reference to parishes, parish wards, or parishes and parish wards, or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of the Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or other similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Culgaith
3
1
The parish of Culgaith shall be divided into three parish wards which shall bear the names Blencarn and Kirkland, Culgaith and Skirwith and the wards shall comprise the areas designated on sheets 2 and 3 by reference to the name of the ward and demarcated by orange lines.
2
The number of parish councillors to be elected for the parish ward of Blencarn and Kirkland shall be three; the number of parish councillors to be elected for the parish ward for Culgaith shall be five and the number of parish councillors to be elected for the parish ward for Skirwith shall be two.
Numbers of parish councillors
4
1
The number of councillors to be elected for the parish ward of Ivegill of the parish of Skelton shall be four.
Revocation
5
The District of Eden (Electoral Arrangements) Order 1976 is hereby revoked.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
16th October 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Amendment (New Deal) (No.2) Regulations 1998 and shall come into force on 24th September 1998.
2
In these Regulations —
“the Disability Working Allowance Regulations ” means the Disability Working Allowance (General) Regulations 1991 ;
“the Family Credit Regulations ” means the Family Credit (General) Regulations 1987 ;
“the Income Support Regulations ” means the Income Support (General) Regulations 1987 ;
“the Jobseeker’s Allowance Regulations ” means the Jobseeker’s Allowance Regulations 1996 .
3
In these Regulations, unless the context otherwise requires, a reference in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number.
Notional income
2
1
In regulation 105 of the Jobseeker’s Allowance Regulations (notional income) —
a
in paragraph (10) , for the words from the beginning to “regulation 75(1)(b)(ii)” there shall be substituted the words “Any payment of income, other than a payment of income specified in paragraph (10A)”;
b
after paragraph (10) there shall be inserted the following paragraph —
10A
Paragraph (10) shall not apply in respect of a payment of income made —
a
under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Fund, the Eileen Trust or the Independent Living Funds;
b
pursuant to section 19(1)(a) of the Coal Industry Act 1994 (concessionary coal); or
c
pursuant to section 2 of the Employment and Training Act 1973 in respect of a person’s participation —
i
in an employment programme specified in regulation 75(1)(a)(ii);
ii
in a training scheme specified in regulation 75(1)(b)(ii); or
iii
in a qualifying course within the meaning specified in regulation 17A(7) .
.
2
In regulation 42 of the Income Support Regulations (notional income) —
a
in paragraph (4), for the words from the beginning to “regulation 75(1)(b)(ii) of those Regulations” there shall be substituted the words “Any payment of income, other than a payment of income specified in paragraph (4ZA)”;
b
after paragraph (4) there shall be inserted the following paragraph —
4ZA
Paragraph (4) shall not apply in respect of a payment of income made —
a
under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Fund, the Eileen Trust or the Independent Living Funds;
b
pursuant to section 19(1)(a) of the Coal Industry Act 1994 (concessionary coal); or
c
pursuant to section 2 of the Employment and Training Act 1973 in respect of a person’s participation —
i
in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996;
ii
in a training scheme specified in regulation 75(1)(b)(ii) of those Regulations; or
iii
in a qualifying course within the meaning specified in regulation 17A(7) of those Regulations.
.
3
In both regulation 29 of the Disability Working Allowance Regulations and regulation 26 of the Family Credit Regulations (which relate to notional income) —
a
in paragraph (3), for the words from the beginning to “regulation 75(1)(b)(ii) of those Regulations” there shall be substituted the words “Any payment of income, other than a payment of income specified in paragraph (3A)”;
b
after paragraph (3) there shall be inserted the following paragraph —
3A
Paragraph (3) shall not apply in respect of a payment of income made —
a
under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Fund, the Eileen Trust or the Independent Living Funds;
b
pursuant to section 19(1)(a) of the Coal Industry Act 1994 (concessionary coal); or
c
pursuant to section 2 of the Employment and Training Act 1973 in respect of a person’s participation —
i
in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996;
ii
in a training scheme specified in regulation 75(1)(b)(ii) of those Regulations; or
iii
in a qualifying course within the meaning specified in regulation 17A(7) of those Regulations.
.
Notional capital
3
1
In regulation 113 of the Jobseeker’s Allowance Regulations (notional capital) —
a
in paragraph (3) , for the words from the beginning to “regulation 75(1)(b)(ii)” there shall be substituted the words “Any payment of capital, other than a payment of capital specified in paragraph (3A)”;
b
after paragraph (3) there shall be inserted the following paragraph —
3A
Paragraph (3) shall not apply in respect of a payment of capital made —
a
under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Fund, the Eileen Trust or the Independent Living Funds; or
b
pursuant to section 2 of the Employment and Training Act 1973 in respect of a person’s participation —
i
in an employment programme specified in regulation 75(1)(a)(ii);
ii
in a training scheme specified in regulation 75(1)(b)(ii); or
iii
in a qualifying course within the meaning specified in regulation 17A(7).
.
2
In each of the regulations referred to in paragraph (3) (each of which relates to notional capital) —
a
in paragraph (3), for the words from the beginning to “regulation 75(1)(b)(ii) of those Regulations” there shall be substituted the words “Any payment of capital, other than a payment of capital specified in paragraph (3A)”;
b
after paragraph (3) there shall be inserted the following paragraph —
3A
Paragraph (3) shall not apply in respect of a payment of capital made —
a
under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Fund, the Eileen Trust or the Independent Living Funds;
b
pursuant to section 2 of the Employment and Training Act 1973 in respect of a person’s participation —
i
in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996;
ii
in a training scheme specified in regulation 75(1)(b)(ii) of those Regulations; or
iii
in a qualifying course within the meaning specified in regulation 17A(7) of those Regulations.
.
3
The regulations to which paragraph (2) refers are —
a
regulation 37 of the Disability Working Allowance Regulations;
b
regulation 34 of the Family Credit Regulations;
c
regulation 51 of the Income Support Regulations.
Income to be disregarded
4
1
For paragraph 63 of Schedule 7 to the Jobseeker’s Allowance Regulations (sums to be disregarded in the calculation of income other than earnings) there shall be substituted the following paragraph —
63
1
Subject to sub-paragraph (2), any discretionary payment made pursuant to section 2 of the Employment and Training Act 1973 to meet, or help meet, special needs of a person who is undertaking a qualifying course within the meaning specified in regulation 17A(7).
2
No amount shall be disregarded pursuant to sub-paragraph (1) in respect of travel expenses incurred as a result of the student’s attendance on the course where an amount in respect of those expenses has already been disregarded pursuant to regulation 135(1) (student’s income to be disregarded).
.
2
After paragraph 59 of Schedule 3 to the Disability Working Allowance Regulations (sums to be disregarded in the calculation of income other than earnings) there shall be added the following paragraph —
60
1
Subject to sub-paragraph (2), any discretionary payment made pursuant to section 2 of the Employment and Training Act 1973 to meet, or help meet, special needs of a person who is undertaking a qualifying course within the meaning specified in regulation 17A(7) of the Jobseeker’s Allowance Regulations 1996.
2
No amount shall be disregarded pursuant to sub-paragraph (1) in respect of travel expenses incurred as a result of the student’s attendance on the course where an amount in respect of those expenses has already been disregarded pursuant to regulation 46 (student’s income to be disregarded).
.
3
After paragraph 61 of Schedule 2 to the Family Credit Regulations (sums to be disregarded in the calculation of income other than earnings) there shall be added the following paragraph —
62
1
Subject to sub-paragraph (2), any discretionary payment made pursuant to section 2 of the Employment and Training Act 1973 to meet, or help meet, special needs of a person who is undertaking a qualifying course within the meaning specified in regulation 17A(7) of the Jobseeker’s Allowance Regulations 1996.
2
No amount shall be disregarded pursuant to sub-paragraph (1) in respect of travel expenses incurred as a result of the student’s attendance on the course where an amount in respect of those expenses has already been disregarded pursuant to regulation 42 (student’s income to be disregarded).
.
4
After paragraph 64 of Schedule 9 to the Income Support Regulations (sums to be disregarded in the calculation of income other than earnings) there shall be added the following paragraph —
65
1
Subject to sub-paragraph (2), any discretionary payment made pursuant to section 2 of the Employment and Training Act 1973 to meet, or help meet, special needs of a person who is undertaking a qualifying course within the meaning specified in regulation 17A(7) of the Jobseeker’s Allowance Regulations 1996.
2
No amount shall be disregarded pursuant to sub-paragraph (1) in respect of travel expenses incurred as a result of the student’s attendance on the course where an amount in respect of those expenses has already been disregarded pursuant to regulation 66(1) (student’s income to be disregarded).
.
Capital to be disregarded
5
1
At the end of Schedule 8 to the Jobseeker’s Allowance Regulations (capital to be disregarded), there shall be added the following paragraph —
48
Any discretionary payment made pursuant to section 2 of the Employment and Training Act 1973 to meet, or help meet, special needs of a person who is undertaking a qualifying course within the meaning specified in regulation 17A(7) but only for the period of 52 weeks from the date of receipt of that payment.
.
2
At the end of each of the Schedules specified in paragraph (3) (which relate to capital to be disregarded), there shall be added the following paragraph bearing the respective specified paragraph number —
Any discretionary payment made pursuant to section 2 of the Employment and Training Act 1973 to meet, or help meet, special needs of a person who is undertaking a qualifying course within the meaning specified in regulation 17A(7) of the Jobseeker’s Allowance Regulations 1996 but only for the period of 52 weeks from the date of receipt of that payment.
.
3
The respective paragraph number and Schedules for the purposes of paragraph (2) are —
a
paragraph 54 of Schedule 4 to the Disability Working Allowance Regulations;
b
paragraph 55 of Schedule 3 to the Family Credit Regulations;
c
paragraph 53 of Schedule 10 to the Income Support Regulations.
Technical amendments
6
1
At the end of Schedule 7 to the Jobseeker’s Allowance Regulations (sums to be disregarded in the calculation of income other than earnings) there shall be added the following paragraph —
64
Any payment which falls to be treated as notional income made under paragraph (11) of regulation 105 above (payments made in respect of a person in a residential care or nursing home).
.
2
In Schedule 9 to the Income Support Regulations (sums to be disregarded in the calculation of income other than earnings) —
a
the first paragraph designated “ 64 ” shall be omitted;
b
at the end there shall be added the following paragraph —
66
Any payment made with respect to a person on account of the provision of after-care under section 117 of the Mental Health Act 1983 or section 8 of the Mental Health (Scotland) Act 1984 or the provision of accommodation or welfare services to which Parts III and IV of the National Health Service and Community Care Act 1990 refer, which falls to be treated as notional income under paragraph (4A) of regulation 42 above (payments made in respect of a person in a residential care or nursing home).
.
Alistair Darling
Secretary of State for Social Security
27th August 1998


text:
Citation and commencement
1
These Regulations may be cited as the Merchant Shipping (Distress Messages) Regulations 1998 and shall come into force on 10th August 1998.
Modifications
2
1
Section 93 of the Merchant Shipping Act 1995 shall be modified as follows.
2
In subsection (1) —
a
after the words “a signal of distress” there shall be added the words “from an aircraft”; and
b
for the words “a ship or” there shall be substituted the word “an”.
3
Subsection (2) shall be omitted.
4
In subsection (3), for “subsections (1) and (2)” there shall be substituted “subsection (1)”.
5
Subsection (4) shall be omitted.
6
In subsection (5), the words “, and, if his ship has been requisitioned, from the duty imposed by subsection (2) above,” shall be omitted.
7
In the sidenote, for “ships, etc. ” there shall be substituted “aircraft”.
Interpretation
3
In these Regulations:
“appropriate search and rescue services” means, in relation to a ship proceeding to persons in distress at sea, the search and rescue services for the area within which the persons are located;
“distress alert” means a signal of distress from a ship or information from any source that a ship or hovercraft is, or persons on or from a ship or hovercraft are, in distress at sea;
“ MERSAR Manual” means the Merchant Ship Search and Rescue (MERSAR) Manual adopted by the International Maritime Organisation (the “ IMO ”) on 12 October 1971, including all amendments adopted by the IMO on or before 29 August 1997; and includes a reference to any document amending or replacing the Manual which is considered by the Secretary of State to be relevant from time to time;
“search and rescue services” means the search and rescue services responsible for the initiation and co-ordination of all maritime search and rescue activity required to provide assistance to persons in distress at sea.
Application
4
The duties imposed on the master of a ship by these Regulations apply to the masters of —
a
United Kingdom ships wherever they may be; and
b
other ships while they are within United Kingdom waters.
Duty on masters to assist persons in distress at sea
5
1
Subject to paragraph (2) below, it shall be the duty of the master of a ship, on receiving at sea a distress alert, to proceed with all speed to the assistance of the persons in distress, informing them or the appropriate search and rescue services, if possible, that he is doing so.
2
The master of a ship need not so proceed if, having regard to the MERSAR Manual —
a
the ship is unable to do so;
b
in the special circumstances of the case, he considers it unreasonable or unnecessary to do so; or
c
he is released from the duty pursuant to regulation 6(1) or (2) below.
3
Where the master of a ship has received a distress alert at sea but does not proceed to the assistance of the persons in distress he shall —
a
record in the ship’s log-book the reason for not so proceeding; and
b
if the master has responded to the distress alert by informing the appropriate search and rescue services that he is proceeding to the assistance of the persons in distress, inform those search and rescue services as soon as possible of his decision not to proceed.
4
Where the master of any ship in distress has, or the search and rescue services have, requisitioned any ship that has answered a distress alert, it shall be the duty of the master of the requisitioned ship to comply with the requisition by continuing to proceed with all speed to the assistance of the persons in distress.
Release from duty
6
1
A master shall be released from the duty imposed by regulation 5(1) above if he is informed —
a
of the requisition of one or more ships other than his own; and
b
that the requisition is being complied with by at least one other ship requisitioned.
2
A master shall be released from the duty imposed by regulation 5(1) above and any duty imposed by regulation 5(4) above, if he is informed by the persons in distress, by the master of any ship that has reached the persons in distress, or by the appropriate search and rescue services co-ordinating the rescue, that assistance is no longer required.
Penalties
7
If a master of a ship fails to comply with these Regulations he shall be guilty of an offence punishable on summary conviction by a fine not exceeding the statutory maximum and on conviction on indictment by imprisonment for a term not exceeding two years or a fine, or both.
Salvage rights
8
Compliance by a master of a ship with the requirements of these Regulations shall not affect his right, or the right of any other person, to salvage.
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 the Regions
6th July 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Durham County Priority Services National Health Service Trust (Establishment) Order 1998 and shall come into force on 1st April 1998.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“the trust” means the Durham County Priority Services National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is hereby established an NHS trust which shall be called the Durham County Priority Services National Health Service Trust.
Nature and functions of the trust
3
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more Health Authorities) shall be to provide and manage pursuant to section 5(1)(b) of the Act hospitals, establishments or facilities in the area of County Durham Health Authority, and there to provide hospital accommodation and services and community health services.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1998.
2
The accounting date of the trust shall be 31st March.
Restriction on disposal of assets
6
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State
Department of Health
19th March 1998


text:
Commencement and citation
1
This Order may be cited as The A205 Trunk Road (Lewisham) Red Route (Cycle Lane) Traffic Order 1998, and shall come into force on 11th January 1999.
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; and
c
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
d
“pedal cycle”, has the meaning given in regulation 4 of the Traffic Signs Regulations and General Directions 1994 ;
e
“cycle lane” means an area of the carriageway of a length of road specified in the schedule to this Order and marked with the traffic signs shown in diagram 1049 in schedule 6 to the Traffic Signs Regulations and General Directions 1994; and
f
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meaning as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations.
Cycle lane controls
3
Except as provided in article 4, no person shall cause any vehicle other than a pedal cycle to enter or proceed in the cycle lane at any time.
Exemptions
4
The controls specified in article 3 do not apply to: —
a
a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 for the sole purpose of stopping for a period not exceeding two minutes to pick up or set down any passenger;
b
a vehicle being used for ambulance, fire brigade or police purposes;
c
a vehicle being used in connection with the removal of any obstructions to traffic;
d
a vehicle being used in connection with the maintenance, improvement or reconstruction of a cycle lane;
e
a vehicle entering a cycle lane so as to avoid an accident;
f
a vehicle entering a cycle lane to get or give help in consequence of an accident or an emergency or otherwise taking action for public safety;
g
a vehicle which bears the Royal Mail livery for so long as may be required for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters;
h
a vehicle entering and forthwith leaving a cycle lane in order to gain access to or egress from any vehicular access way to premises adjacent to the cycle lane or crossing over the footway adjacent to the cycle lane;
i
a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long as may be required to enable a disabled person to get on or off the vehicle; or
j
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
18th December 1998


text:
1
This Order may be cited as the Finance Act 1989, section 178(1), (Appointed Day) Order 1998.
2
The day appointed for sections 59C and 103A of the Taxes Management Act 1970 for periods beginning on or after which section 178(1) of the Finance Act 1989 shall have effect is 9th March 1998.
Graham Allen
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
12th February 1998


text:
Commencement and citation
1
This Order may be cited as The A3 Trunk Road (Wandsworth) Red Route (Clearway) Traffic Order 1998, and shall come into force on 15th May 1998.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route clearway” means the lengths of road specified in column (2) of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
h
“bus” has the meaning given by regulation 22(2) of the Traffic Signs Regulations and General Directions 1994 .
i
“bus stop” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stop”.
j
“bus stand” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stand”.
k
“London Regional Transport” has the meaning given by the London Regional Transport Act 1984 .
General prohibition of stopping
3
1
Subject to the provisions of paragraph (2) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop at any time in the trunk road red route clearway.
2
Not taken up.
Exemptions for parking
4
Not taken up.
Miscellaneous exemptions for parking
5
1
Not taken up.
2
Not taken up.
3
Not taken up.
4
Not taken up.
Exemptions for loading and unloading
6
Not taken up.
Exemptions for disabled persons
7
1
Not taken up.
2
Not taken up.
3
Not taken up.
Exemptions at bus stops and stands
8
1
The controls specified in article 3 (1) and (2) do not apply in respect of a person causing:
a
a bus to stop at a bus stop for as long as may be required to enable passengers to board or alight; or
b
a bus to stop at a bus stop or a bus stand and being used for operational reasons in the course of
providing a London bus service (as defined in section 34 of the Transport Act 1985 ) under an agreement with London Regional Transport or training drivers to allow such a service to be provided.
2
In this article “operational reasons” means:
i
to enable passengers to board and alight;
ii
to enable crew changes to take place;
iii
to maintain the scheduled timetable subject, in the case of a bus stop, to a maximum wait of two minutes.
Other exemptions
9
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
10
1
Subject to paragraph (2) of this article, the Wandsworth (Waiting and Loading Restriction) Order 1976 is hereby revoked, in so far as its provisions relate to any part of the trunk road red route clearway.
2
The revocation specified in paragraph (1) of this article shall take effect in respect of any provision contained in the Wandsworth (Waiting and Loading Restriction) Order 1976 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
30th April 1998


text:
Citation and commencement
1
This Order may be cited as the Merchant Shipping (Control of Pollution) ( SOLAS ) Order 1998 and shall come into force on 1st July 1998.
Power to make regulations
2
1
The Secretary of State may make regulations for the purpose of giving effect to the International Convention for the Safety of Life at Sea Convention 1974, the Protocol thereto, and amendments in force on 1st July 1998, so far as it relates to the prevention, reduction or control of pollution of the sea or other waters by waste matter from ships.
2
Such regulations may in particular include provision —
a
with respect to the carrying out of surveys and inspections for the purpose mentioned in subsection (1) and the issue, duration and recognition of certificates for that purpose;
b
with respect to the application of the regulations to the Crown and the extra-territorial operation of any provision of the regulations;
c
that a contravention of a provision of the regulation shall be an offence punishable on summary conviction by a fine not exceeding the statutory maximum and on conviction on indictment by imprisonment for a term not exceeding two years and a fine;
d
that any such contravention shall be an offence punishable only on summary conviction by a maximum fine of an amount not exceeding level 5 on the standard scale or such less amount as is prescribed by the regulations;
e
for detaining any ship in respect of which such a contravention is suspected to have occurred and, in relation to such a ship, for applying section 284 of the Merchant Shipping Act 1995 with such modifications, if any, as are prescribed by the regulations.
3
Such regulations may —
a
make different provision for different circumstances;
b
make provision in terms of any document which the Secretary of State or any person considers relevant from time to time;
c
provide for exemptions from any provisions of the regulations;
d
provide for the delegation of functions exercisable by virtue of the regulations;
e
include such incidental, supplemental and transitional provisions as appear to the Secretary of State to be expedient for the purposes of regulations.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and Commencement
1
This Order may be cited as the Channel Tunnel (Carriers' Liability) Order 1998 and shall come into force on 9th April 1998.
Interpretation
2
In this Order, “through train” means a train, other than a shuttle train as defined in section 1(9) of the Channel Tunnel Act 1987, which for the purposes of sections 11 and 12 of that Act is engaged on an international service, within the meaning of section 13(6) of that Act.
Extension of Carriers' Liability to the Channel Tunnel
3
1
Section 1 of the Immigration (Carriers' Liability) Act 1987 shall have effect in relation to a person requiring leave to enter the United Kingdom who arrives in the United Kingdom on a through train as it has effect in relation to such a person who so arrives by ship or aircraft, subject to the following modifications.
2
Section 1 shall so have effect as if:
a
for the words “ship or aircraft” where they appear —
i
for the first time in subsection (1); and
ii
in subsection (2),
there were substituted the words “through train”;
b
for the words “owners or agents of the ship or aircraft” in subsection (1) and for the words “owners or agents” in subsection (2), there were substituted the words “relevant train operator”;
c
for the words “to them or an employee of theirs” where they appear in subsection (2), there were substituted the words “to an employee or an agent of his”;
d
for the words “voyage or flight” where they appear in subsection (2), there were substituted the word “journey”;
e
the following subsection were inserted after subsection (2):
2A
Nor shall any liability be incurred under subsection (1) if, under the law of the country in which the person embarked on the through train for carriage to the United Kingdom, the employees or agents of the relevant train operator could not lawfully have —
a
required him when embarking to produce the document or documents specified in subsection (1); and
b
refused him carriage for failing to produce the document or documents so specified.
; and
f
the following were substituted for subsection (3):
3
In this section:
“prescribed” means prescribed by an order made by the Secretary of State by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament;
“relevant train operator” means the operator of through trains who embarked the person concerned for carriage to the United Kingdom on the through train on which he arrived; and
“through train” means a train, other than a shuttle train as defined in section 1(9) of the Channel Tunnel Act 1987, which for the purposes of sections 11 and 12 of that Act is engaged on an international service, within the meaning of section 13(6) of that Act.
Transitional
4
This Order shall not have effect in relation to the arrival of a person in the United Kingdom on a through train whose journey on that train began prior to its coming into force.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
8th April 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Special Trustees for Newcastle University Hospital (Transfer of Trust Property) Order 1998 and shall come into force on 29th December 1998.
2
In this Order–
“the Special Trustees” means the Special Trustees for Newcastle University Hospital;
“the Trust” means the Newcastle upon Tyne Hospitals National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by, agreed upon by and signed on behalf of the Special Trustees and the Trust on 5th October 1998.
Transfer of trust property
2
On 29th December 1998 the trust property shall be transferred from the Special Trustees to the Trust.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,
Department of Health
7th December 1998


text:
1
This Order may be cited as the Channel Tunnel Rail Link (Qualifying Authorities) Order 1998 and shall come into force on 8th July 1998.
2
The Medway Towns District Council, being a relevant local authority which is not a qualifying authority and in respect of which a change of circumstances since the relevant date has significantly affected the way in which it carries out its functions, shall be a qualifying authority for the purposes of Schedule 6 to the Channel Tunnel Rail Link Act 1996.
Signed by authority of the Secretary of State
Glenda Jackson
Parliamentary Under Secretary of State for the Environment, Transport and the Regions
10th June 1998


text:
Citation and commencement
1
This Order may be cited as the City of Edinburgh (Electoral Arrangements) Order 1998 and shall come into force on 1st January 1999.
Interpretation
2
In the Schedule to this Order–
a
a reference to–
i
an electoral ward is a reference to that electoral ward as constituted in this Order; and
ii
a road, footpath, railway line, river, burn or canal shall, where the context so admits, be construed as a reference to the centre line of the feature concerned; and
b
the following abbreviations are used:–
“EW” for electoral ward;
“NG Ref” for National Grid Reference as published on Ordnance Survey Maps.
Electoral arrangements
3
The area of the City of the Edinburgh Council shall be divided into 58 wards, having the names, contents and boundaries set forth in the Schedule to this Order.
Henry B McLeish
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
11th December 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Scalpay Island, Isle of Skye, Scallops Several Fishery Order 1998 and shall come into force on 16th November 1998.
2
In this Order–
“the applicant” means the partnership of M.F.G & J.A. Walford, Scalpay House, Broadford, Isle of Skye, IV49 9BS;
“the grantee” means the applicant and such other person as is for the time being entitled to the right of several fishery conferred by this Order;
“the definitive map” means the map prepared in duplicate, each copy of which is signed by the Secretary of State and marked “Map referred to in the Scalpay Island, Isle of Skye, Scallops Several Fishery Order 1998”, one such copy of which is deposited in the principal office of the Scottish Office Agriculture, Environment and Fisheries Department at Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TW and the other such copy of which is deposited in the applicant’s place of business at Scalpay House, Broadford, Isle of Skye, IV49 9BS ; and
“the fishery” means that part of the bed of the sea lying off the east coast of Scalpay Island, Isle of Skye, described in the Schedule to this Order and shown coloured pink on the definitive map.
Right of several fishery
2
Subject to the following provisions of this Order there is hereby conferred on the applicant for a period of 15 years beginning on the date on which this Order comes into force the right of several fishery for scallops with respect to the whole of the area of the fishery.
Restriction on harvesting
3
The right of several fishery granted by article 2 above is subject to the restriction that the harvesting of scallops shall be carried out manually by divers.
Assignation
4
The grantee shall not without the prior written consent of the Secretary of State assign or in any other way transfer the right of several fishery to any other person.
Marking of limits of fishery
5
The grantee shall cause to be clearly marked on the bed and on the surface of the sea the limits of the fishery and shall maintain the marks in position and in good repair.
Rights of the Crown
6
1
Nothing in this Order shall affect prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular and without prejudice to the generality of the foregoing nothing herein contained shall authorise the applicant to take, use, enter upon or in any manner interfere with any land, or interest in land, any rights of whatever description (including any portion of the shore or bed of the sea, or of any river, channel, creek, bay or estuary) belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Commissioners.
2
A consent under paragraph (1) above may be given unconditionally or subject to such conditions and upon such terms as shall be considered necessary or appropriate.
Sewel
Scottish Office
St Andrew’s House,
Edinburgh
8th October 1998


text:
Citation
1
This Order may be cited as the Environment Act 1995 (Commencement No. 11) Order 1998.
Provisions coming into force on 1st April 1998
2
Section 120(1) of the Environment Act 1995 shall come into force on 1st April 1998 in so far as it relates to the following provisions of Schedule 22 —
paragraph 37(2);
paragraph 67 in so far as it imposes a duty, or confers power, to make regulations;
paragraph 68(2) (in so far as not already in force);
paragraph 68(5);
paragraphs 69, 71 and 72(1) in so far as they confer power to make regulations; and
paragraphs 73(2), 74 and 76 (in so far as those provisions are not already in force).
Provisions coming into force on 1st July 1998
3
Sections 58 and 60 of the Environment Act 1995 (in so far as those sections are not already in force) shall come into force on 1st July 1998.
Signed by authority of the Secretary of State
Angela Eagle
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
4th March 1998


text:
Citation and commencement
1
These Regulations may be cited as the Merchant Shipping (Tonnage) (Fishing Vessels) (Amendment) Regulations 1998 and shall come into force on 4th September 1998.
Amendment of the Merchant Shipping (Tonnage) Regulations 1997
2
The Merchant Shipping (Tonnage) Regulations 1997 shall be amended as follows —
1
in regulation 2(1) for the definition of “length overall” there shall be substituted —
“length overall” means the distance between the foreside of the foremost fixed permanent structure and the afterside of the aftermost fixed permanent structure; and “fixed permanent structure” includes any portion of the hull which is capable of being detached, but which must be fixed in place during the normal operation of the vessel. It does not include functional arrangements such as safety rails, bowsprits, pulpits, stemhead fittings, rudders, steering gear, outdrives, outboard motors, propulsion machinery, diving platforms, boarding platforms, rubbing strips and fenders.
.
2
After regulation 12 the following new Part shall be inserted —
PART IIA
MEASUREMENT OF SMALLER FISHING VESSELS
12A
1
This Part applies to fishing vessels of 15 metres or more in length overall but less than 24 metres in length, registered or to be registered under Part II of the Act for which the ascertainment tonnage is required under Regulations made under section 10 of the Act, with effect —
a
for vessels first registered on or after 4th September 1998, from the date when such vessels are first registered; and
b
for vessels first registered before 4th September 1998, from the following dates:
Description of vessels Date of coming into effect
26.25m length overall ( LOA ) and over 1 February 1999 25.94m LOA to under 26.25m 1 March 1999 24.70m LOA to under 25.94m 1 April 1999 24.20m LOA to under 24.70m 1 May 1999 23.25m LOA to under 24.20m 1 June 1999 22.86m LOA to under 23.25m 1 July 1999 22.41m LOA to under 22.86m 1 August 1999 21.48m LOA to under 22.41m 1 September 1999 20.95m LOA to under 21.48m 1 October 1999 20.32m LOA to under 20.95m 1 November 1999 19.80m LOA to under 20.32m 1 December 1999 19.10m LOA to under 19.80m 1 January 2000 18.49m LOA to under 19.10m 1 April 2000 18.25m LOA to under 18.49m 1 July 2000 18.04m LOA to under 18.25m 1 October 2000 17.80m LOA to under 18.04m 1 January 2001 17.36m LOA to under 17.80m 1 April 2001 17.11m LOA to under 17.36m 1 July 2001 16.98m LOA to under 17.11m 1 October 2001 16.82m LOA to under 16.98m 1 January 2002 16.65m LOA to under 16.82m 1 April 2002 16.50m LOA to under 16.65m 1 July 2002 16.34m LOA to under 16.50m 1 October 2002 16.15m LOA to under 16.34m 1 January 2003 15.94m LOA to under 16.15m 1 April 2003 15.47m LOA to under 15.94m 1 July 2003 15.19m LOA to under 15.47m 1 October 2003 15.00m LOA to under 15.19m 1 January 2004.
2
In this Part:
“authorised measurer” means a measurer appointed by an organisation authorised for the purposes of this Part of these Regulations by the Secretary of State.
12B
A fishing vessel shall be measured by an authorised measurer.
12C
Regulation 4(2), (3) and (4) and regulations 5 and 6 shall apply for the measurement of tonnage of vessels to which this Part applies as they apply for the purposes of Part II.
12D
The authorised measurer shall, if it is in order to do so, issue a certificate in an approved form.
12E
Where alterations are made in the arrangement, construction, capacity, use of spaces, or permitted draught of the vessel such as would cause an increase in the tonnage, the existing measurement shall cease to be valid, any certificate shall be delivered up to and cancelled by the issuer and the owner of the vessel shall make an application for it to be remeasured in accordance with regulation 12B above.
3
In regulation 16, for “or 14(9)” there shall be substituted “, 12E or 14(9)”.
Amendment of the Merchant Shipping (Fishing Vessels — Tonnage) Regulations 1988
3
The Merchant Shipping (Fishing Vessels — Tonnage) Regulations 1988 shall be amended as follows —
1
in regulation 2:
a
for the definition of “Authorised Measurer” there shall be substituted the following —
“Authorised Measurer” means a measurer appointed by an organisation authorised by the Secretary of State for this purpose
;
b
the following definition shall be inserted in the appropriate alphabetical position.
“fixed permanent structure” includes any portion of the hull which is capable of being detached, but which must be fixed in place during the normal operation of the vessel. It does not include functional arrangements such as safety rails, bowsprits, pulpits, stemhead fittings, rudders, steering gear, outdrives, outboard motors, propulsion machinery, diving platforms, boarding platforms, rubbing strips and fenders.
;
2
in regulation 3, for “the Merchant Shipping Act 1988” the following shall be substituted:
Merchant Shipping Act 1995, other than a fishing vessel to which Part IIA of the Merchant Shipping (Tonnage) Regulations 1997 applies.
Signed by authority of the Secretary of State of the Environment, Transport and the Regions
Glenda Jackson
Parliamentary Under-Secretary of State
Department of the Environment, Transport and the Regions
4th August 1998


text:
Citation and commencement
1
This Order may be cited as the Merchant Shipping (Prevention of Pollution) (Amendment) Order 1998 and shall come into force on 17th March 1998.
Amendment of 1987 Order
2
In the Merchant Shipping (Prevention and Control of Pollution) Order 1987 , article 5(1), after the words “under the said section 131” there shall be added the words “as if in subsection (3)(a) for “£250,000” there were substituted “£25,000””.
Amendment of 1988 Order
3
1
The Merchant Shipping (Prevention of Pollution by Garbage) Order 1988 shall be amended as follows.
2
In article 2(2), after sub-paragraph (c), there shall be added the following sub-paragraph:
d
for detaining any ship in respect of which a contravention is suspected to have occurred and, in relation to such a ship, for applying section 284 of the Merchant Shipping Act 1995 with such modifications, if any, as are specified in the Regulations.
.
3
In article 3(1), after the words “under the said section 131” there shall be added the words “as if in subsection (3)(a) for “£250,000” there were substituted “£25,000””.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the European Communities (Designation) (No. 3) Order 1998 and shall come into force on 18th December 1998.
Designation of Ministers or departments
2
1
For the purposes of section 2(2) of the European Communities Act 1972 the Ministers or government departments specified in column (1) of the Schedule to this Order are hereby designated in relation to the matters specified in column (2) of that Schedule.
2
Where a Minister or government department is designated in relation to any item in column (2) of the said Schedule, then, for the purposes of the said section 2(2), that Minister or government department is also hereby designated in relation to anything supplemental or related to the matters specified in that item.
3
Where both a Minister and one or more government departments are designated by this Order in relation to any matter, the designation has effect as respects the making of regulations by any of them or by more than one of them acting jointly.
4
Regulations made by a Northern Ireland Department in pursuance of this Order shall form part of the law of Northern Ireland and not of any other part of the United Kingdom.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Congleton (Electoral Changes) Order 1998.
2
This Order shall come into force for all purposes on 6th May 1999, except that for the purpose of all proceedings preliminary or relating to an election to be held on or after that date this Order shall come into force on the day after that on which it is made.
3
In this Order–
“the borough” means the borough of Congleton;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the Borough of Congleton (Electoral Changes) Order 1998”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of Congleton
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or parish wards, or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of that ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or similar geographical feature, it shall be treated as running along the centre of the feature.
Elections of the council of Congleton
3
1
Subject to the following provisions of this article, the election of councillors for wards of the borough shall be by thirds.
2
Elections of all councillors for wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 1999 .
3
The councillors holding office for any ward in the borough immediately before 10th May 1999 shall retire on that date and the newly elected councillors for any such ward shall come into office on that date.
4
The order of retirement of councillors shall be as set out in Schedule 2.
5
Where the number of councillors elected in 1999 for any ward of the borough is two or more–
a
the first to retire shall, subject to paragraphs (6) and (7) below, be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
6
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
7
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
8
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
9
Except as otherwise provided in the foregoing paragraphs of this article, the term of office of councillors shall be four years and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly elected councillors shall come into office on the day on which their predecessors retire.
Wards in the parish of Alsager
4
1
The existing wards of the parish of Alsager shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Alsager Central, Alsager East and Alsager West and each parish ward shall comprise the area of the ward of the borough bearing the same name.
3
The number of councillors to be elected for Alsager East parish ward shall be six, and the number of councillors to be elected for each of the Alsager Central and Alsager West parish wards shall be four.
Wards of the parish of Congleton
5
1
The existing wards of the parish of Congleton shall be abolished.
2
The parish shall be divided into six parish wards which shall bear the names Buglawton, Congleton Central, Congleton North, Congleton North West, Congleton South and Congleton West and each parish ward shall comprise the area of the ward of the borough bearing the same name.
3
The number of councillors to be elected for each of the Congleton West and Congleton South parish wards shall be four, and the number of councillors to be elected for each of the Buglawton, Congleton Central, Congleton North and Congleton North West parish wards shall be three.
Wards in the parish of Middlewich
6
1
The existing wards in the parish of Middlewich shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names Middlewich Cledford and Middlewich Kinderton and each parish ward shall comprise the area of the ward of the borough bearing the same name.
3
The number of councillors to be elected for each parish ward shall be six.
Numbers of councillors
7
The number of councillors to be elected for each of the three parish wards of the parish of Odd Rode shall be five.
Wards in the parish of Sandbach
8
1
The existing wards in the parish of Sandbach shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Sandbach East, Sandbach North and Sandbach West and each parish ward shall comprise the area of the ward of the borough bearing the same name.
3
The number of councillors to be elected for each parish ward shall be six.
Parish elections
9
1
Elections of parish councillors for the parishes of Bradwall, Brereton and Moston shall be held simultaneously on the ordinary day of election of councillors in 1999.
2
Elections of parish councillors for the parishes of Betchton, Church Lawton, Hassall and Holmes Chapel shall be held simultaneously on the ordinary day of election of councillors in 2000 and every fourth year after 2000.
3
The term of office of any parish councillor elected on the ordinary day of election of councillors in 1999 for the parishes of Arclid, Bradwall, Brereton, Cranage, Goostrey, Hulme Walfield, Moston, Newbold Astbury cum Moreton, Smallwood, Somerford, Somerford Booths, Swettenham and Twemlow shall be three years and elections shall be held simultaneously on the ordinary day of election of councillors in 2002 and every fourth year after 2002.
4
Except as otherwise provided in the foregoing paragraphs of this article, the term of office of parish councillors shall be four years and all parish councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly elected parish councillors shall come into office on the day on which their predecessors retire.
Revocation
10
The Borough of Congleton (Electoral Arrangements) Order 1975 is hereby revoked.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
13th November 1998


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (West Penwith) Designation (Amendment) Order 1998 and shall come into force on 22nd June 1998.
Interpretation
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (West Penwith) Designation Order 1997 .
Amendments to the principal Order
3
The principal Order shall be amended in accordance with the following provisions of this Order.
4
In Part I of Schedule 6 to the principal Order there shall be substituted “£80” for the amount “£75”.
5
In Part II of Schedule 6 to the principal Order there shall be substituted “160” for the figure “150”.
Amendment to the 1986 Order
6
The Environmentally Sensitive Areas (West Penwith) Designation Order 1986 shall, in so far as, by virtue of article 6(1) of the principal Order, it continues to apply to agreements made before the coming into force of the principal Order, be amended in article 6(1B) by the substitution for “£150” of “£160”.
Saving
7
Articles 4 and 5 of this Order shall not have effect for the purposes of any annual payment to a farmer which relates wholly or in part to any period before 1st April 1998.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
18th May 1998
We consent,
Graham Allen
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
19th May 1998


text:
1
This Order may be cited as the Public Telecommunication System Designation (Tetralink Telecommunications Limited) Order 1998 and shall come into force on 5th October 1998.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Barbara Roche
Parliamentary Under Secretary of State for Small Firms,Department of Trade and Industry
1st September 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Wellingborough (Electoral Changes) Order 1998.
2
This Order shall come into force for all purposes on 6th May 1999, except that for the purpose of all proceedings preliminary or relating to an election to be held on or after that date this Order shall come into force on 10th October 1998.
3
In this Order–
“the borough” means the borough of Wellingborough;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to “the map” is a reference to the map prepared by the Department of the Environment, Transport and the Regions, marked “Map of the Borough of Wellingborough (Electoral Changes) Order 1998”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ;
and any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of Wellingborough
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into sixteen wards which shall bear the names set out in column (1) of the Schedule.
3
The wards shall comprise the areas described in column (2) of the Schedule by reference to parishes, or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of the Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or other similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Great Doddington
3
1
The parish of Great Doddington shall be divided into two parish wards which shall bear the names Great Doddington North and Great Doddington South.
2
The parish wards shall comprise the areas designated on sheet 3 by reference to the name of the ward and demarcated by orange lines; and the number of councillors to be elected for the Great Doddington North and Great Doddington South parish wards shall be three and nine respectively.
Revocation
4
The Borough of Wellingborough (Electoral Arrangements) Order 1979 is hereby revoked.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
8th October 1998


text:
1
These Regulations may be cited as the Education (Student Loans) (Amendment No. 2) Regulations 1998 and shall come into force on 1st September 1998.
2
The Education (Student Loans) Regulations 1998 shall be amended as follows:
3
In regulation 8(5), for “£4” there shall be substituted “£4.50”.
Andrew Smith
Minister of State,
Department for Education and Employment
11th August 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Fund Cold Weather Payments (General) Amendment Regulations 1998 and shall come into force on 1st November 1998.
2
In these Regulations, “the principal Regulations ” means the Social Fund Cold Weather Payments (General) Regulations 1988 .
Substitution of Schedule 1 to the principal Regulations
2
For Schedule 1 to the principal Regulations (identification of stations and postcode districts), there shall be substituted the Schedule set out in Schedule 1 to these Regulations.
Substitution of Schedule 2 to the principal Regulations
3
For Schedule 2 to the principal Regulations (specified alternative stations), there shall be substituted the Schedule set out in Schedule 2 to these Regulations.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
5th October 1998


text:
1
This Order may be cited as the Crime and Disorder Act 1998 (Commencement No. 2 and Transitional Provisions) (Amendment) (No. 2) Order 1998 and shall come into force on 30th November 1998.
2
1
Article 4 of the Crime and Disorder Act 1998 (Commencement No. 2 and Transitional Provisions) Order 1998 shall be amended in accordance with the following provisions of this article.
2
Paragraph (1)(i) shall be omitted.
3
After paragraph (1) there shall be inserted the following paragraph:
1A
Section 26 of the 1998 Act (retention and disposal of things seized) shall come into force on 1st December 1998 for the purpose of making regulations under section 60A of the Criminal Justice and Public Order Act 1994 .
.
Paul Boateng
Minister of State
Home Office
23rd November 1998


text:
Citation and commencement
1
This Order may be cited as the Argyll and Bute (Electoral Arrangements) Order 1998 and shall come into force on 1st January 1999.
Interpretation
2
In the Schedule to this Order–
a
a reference to–
i
an electoral ward is a reference to that electoral ward as constituted in this Order; and
ii
a road, footpath, railway line, river, burn or canal shall, where the context so admits, be construed as a reference to the centre line of the feature concerned; and
b
the following abbreviations are used:–
“EW” for electoral ward;
“NG Ref” for National Grid Reference as published on Ordnance Survey Maps.
Electoral arrangements
3
The area of Argyll and Bute Council shall be divided into 36 wards, having the names, contents and boundaries set forth in the Schedule to this Order.
Henry B McLeish
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
17th December 1998


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Poole Borough Council) Order 1998 and shall come into force on 6th January 1999.
Exemption of sports and leisure facilities management
2
The management of sports and leisure facilities by the council of the borough of Poole shall not be treated as a defined activity so long as it is carried out–
a
at the Dolphin Swimming Pool, Kingsland Road, Poole, Dorset; and
b
during the period beginning with 6th January 1999 and ending immediately before 1st October 2000.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
8th December 1998


text:
1
This Order may be cited as the A4 Trunk Road (Colnbrook By-Pass, Hillingdon) (50 mph Speed Limit) Order 1998 and shall come into force on 25th February 1998.
2
No person shall drive any motor vehicle at a speed exceeding 50 miles per hour on that length of the A4 Trunk Road known as Colnbrook By-Pass between a point 5 metres east of the eastern end of the southern parapet of the bridge over the Wraysbury River and a point 400 metres west of the westernmost abutment of the bridge over the River Colne, a distance of approximately 360 metres.
Signed by the authority of the Secretary of State for the Environment, Transport and the Regions
A. R. Mellors
A Grade 7 Officer, Highways Agency, London Network and Customer Services Division
23rd February 1998


text:
1
1
This Order may be cited as the School Standards and Framework Act 1998 (Commencement No. 2 and Supplemental, Saving and Transitional Provisions) Order 1998.
2
In this Order–
“the 1996 Act ” means the Education Act 1996 ;
“the 1998 Act ” means the School Standards and Framework Act 1998;
“scheme” means a scheme as defined in section 101(1) of the 1996 Act.
2
1
The provisions of the 1998 Act specified in Part I of Schedule 1 to this Order shall come into force on 1st October 1998.
2
The provisions of the 1998 Act specified in Part II of Schedule 1 to this Order shall come into force on 1st December 1998.
3
The provisions of the 1998 Act specified in Part III of Schedule 1 to this Order shall come into force on 1st February 1999.
4
The provisions of the 1998 Act specified in Part IV of Schedule 1 to this Order shall come into force on 1st April 1999.
3
Unless otherwise specified in this Order, the provisions referred to in article 2 above shall come into force for all purposes.
4
1
Part I of Schedule 2 to this Order shall have effect for the purpose of making supplemental and transitional provisions in relation to the provisions of the 1998 Act referred to therein (which come into force on 1st October 1998).
2
Part II of Schedule 2 to this Order shall have effect for the purpose of making supplemental and transitional provisions in relation to the provisions of the 1998 Act referred to therein (which come into force on 1st April 1999).
Margaret Hodge
Parliamentary Under Secretary of State,
Department for Education and Employment
9th September 1998