text:
Title, extent and commencement
1
These Regulations may be cited as the Apple and Pear Orchard Grubbing Up Regulations 1998, shall apply throughout Great Britain and shall come into force on 25th May 1998.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the appropriate Minister” means —
in relation to England, the Minister of Agriculture, Fisheries and Food; and
in relation to Scotland or Wales, the Secretary of State;
“authorised person” means a person authorised by the appropriate Minister for the purposes of these Regulations;
“the Commission Regulation” means Commission Regulation ( EC ) No. 2467/97 laying down detailed rules for the application of Council Regulation (EC) No. 2200/97 on the improvement of the Community production of apples, pears, peaches and nectarines ;
“the Council Regulation” means Council Regulation (EC) No. 2200/97 on the improvement of the Community production of apple, pears, peaches and nectarines ;
“former orchard” means land formerly an apple or pear orchard (within the meaning of the Council Regulation) affected by a grubbing up operation in respect of which premium has been paid;
“holding” means land including an apple or pear orchard or a former apple or pear orchard occupied as a unit for agricultural purposes, and for the purposes of this definition “apple orchard”or “pear orchard” includes all parcels planted with apple or pear trees that are part of a holding, regardless of the age of the trees or the density of their planting;
“non-eligible orchard” means all parcels on the holding under apple trees which are not apple or pear orchards (within the meaning of the Council Regulation);
“occupier” means a person who occupies a former orchard or part of a former orchard, or an orchard or part of an orchard, at any time during the restriction period;
“premium” means the grubbing up premium provided for in Article 1 of the Council Regulation;
“recipient” means a recipient of premium and includes his personal representatives;
“restriction period” means, in relation to a holding, the period of fifteen years commencing with the day when grubbing up for which premium is payable is completed on that holding; and
“retained orchard” means land which is an apple or pear orchard in respect of which no premium has been paid.
2
Expressions in these Regulations other than those defined in paragraph (1) of this regulation, and which also appear in the Council Regulation or the Commission Regulation, have the same meanings as in those Regulations.
Revocation of the Grubbing Up Regulations
3
The Apple Orchard Grubbing Up Regulations 1991 , the Apple Orchard Grubbing Up (Amendment) Regulations 1994 and the Apple Orchard Grubbing Up (Amendment) Regulations 1995 (together “the Grubbing Up Regulations”) are revoked, subject to regulation 4(2) below.
Existing undertakings and obligations under the Grubbing Up Regulations
4
1
Any undertaking given to the appropriate Minister in relation to an application for premium —
a
which is being fulfilled on the date these Regulations come into force, shall be treated for the purposes of these Regulations as being fulfilled on that date;
b
which is not being fulfilled on that date, shall be treated for the purposes of these Regulations as not fulfilled on that date.
2
The revocation of the Grubbing Up Regulations shall not affect —
a
the obligations of any recipient of premium, or other owner or occupier of a holding, arising under a Council Regulation or a Commission Regulation in respect of that receipt, ownership or occupation, to the extent that any such obligation continued to subsist immediately before the revocation, or
b
any remedy in relation to a breach of any such obligations.
Grubbing up on a holding
5
1
This regulation applies where —
a
an undertaking has been given for the purposes of Article 3.2 of the Commission Regulation in relation to an application for premium by an owner or occupier of a holding the effect of which is an undertaking to refrain during the restriction period —
i
from planting or having planted any apple, pear, peach, or nectarine trees on the area of his holding affected by the grubbing up operation in respect of which the undertaking was given; and
ii
from extending any other area of his holding planted with apple, pear, peach, or nectarine trees;
b
that owner or occupier intends, at any time after these Regulations come into force and before the end of the restriction period —
i
to grub up apple or pear trees on any part of his holding which is a retained orchard; and
ii
to plant or have planted apple, pear, peach or nectarine trees on that or any other part of his holding which is not a former orchard or a non-eligible orchard; and
c
the planting mentioned in sub-paragraph (b)(ii) above takes place before the end of the restriction period but after the grubbing up operation described in sub-paragraph (b)(i) above.
2
The undertaking referred to in paragraph (1)(a) above shall not be treated for the purposes of these Regulations as being fulfilled during the period between the completion of the intended grubbing up and planting referred to in paragraph (1)(b) above and the end of the restriction period unless the conditions specified in paragraph (3) below have been satisfied.
3
The conditions are that the owner or occupier by whom or on whose behalf the intended grubbing up and planting is to be carried out —
a
notifies the appropriate Minister, in writing, of his intention to grub up and plant prior to starting the grubbing up and of the areas and locations of land which he intends to grub up and to plant or have planted with apple, pear, peach or nectarine trees;
b
refrains from planting or having planted any apple, pear, peach or nectarine trees on the holding concerned other than in any non-eligible orchard until after the grubbing up is completed; and
c
refrains at any time after the last grubbing up has started until the end of the restriction period from extending the area of his holding planted with apple, pear, peach or nectarine trees beyond the area so planted immediately after the grubbing up in respect of which an application for premium has been made.
Sale, transfer etc. of former orchard
6
1
This regulation applies where, for the purposes of Article 3.2 of the Commission Regulation, an undertaking has been given in relation to an application for premium, by the owner or occupier of a former orchard, the effect of which is that, in the event (during the restriction period) of the sale, leasing or transfer by any other method of the areas of the holding affected by the grubbing up operation, there shall be secured from any new occupier an undertaking —
a
to refrain during the restriction period from planting any apple, pear, peach or nectarine trees on the area of the holding affected by the grubbing up operation;
b
to refrain during that period from extending any other area of his holding planted with apple, pear, peach or nectarine trees; and
c
to secure from his successor an undertaking the effect of which is to impose on the successor the obligations imposed by the undertaking referred to in this paragraph.
2
Where a person secures an undertaking of the type referred to in paragraph (1)(c) above from any new occupier, and where any subsequent occupier secures such an undertaking, he shall —
a
give written notice to the person from whom he secured it of the consequences under these Regulations of not fulfilling it; and
b
forward the undertaking to the appropriate Minister; together with —
i
a copy of that written notice;
ii
particulars of the giving of the written notice; and
iii
particulars of the change of occupancy in respect of which the undertaking was secured.
Non-fulfilment of undertakings
7
1
This regulation applies where an undertaking referred to in regulation 4(1), 5(1)(a) or 6(1) above has been given but, at any time after these Regulations come into force and before the end of the restriction period, the undertaking is not fulfilled.
2
Where the recipient of the premium has given an undertaking that is not fulfilled he shall on demand —
a
pay to the appropriate Minister an amount equal to that premium; and,
b
in addition, repay that premium to the appropriate Minister.
3
Where any person other than the recipient of the premium has given the undertaking that is not fulfilled —
a
he shall on demand pay to the appropriate Minister an amount equal to that premium; and
b
the recipient of the premium shall on demand repay it to the appropriate Minister.
Failure to secure undertaking or to give notice
8
1
This regulation applies where, at any time after these Regulations come into force and before the end of the restriction period —
a
an apple, pear, peach or nectarine tree is planted on any part of a former orchard or the area of any retained orchard is increased; and
b
any person obliged to secure an undertaking referred to in paragraph (1) of regulation 6 above either —
i
fails to secure the undertaking; or
ii
secures the undertaking but fails to comply with any of the requirements in respect of it specified in paragraph (2) of that regulation.
2
The person who has failed as described in paragraph (1)(b) above shall pay to the appropriate Minister on demand an amount equal to the premium paid under the Council Regulation in respect of the grubbing up carried out on the former orchard.
3
In addition, the recipient of that premium, whether or not he is also liable to make a payment under paragraph (2) above, shall repay the premium to the appropriate Minister on demand.
Recovery of interest
9
1
Where premium is repayable by a recipient of premium by virtue of regulation 7(2)(b), 7(3)(b) or 8(3) above, the appropriate Minister shall also recover interest on the premium from the recipient.
2
Interest under this regulation is recoverable in respect of the period commencing on the date of payment of the premium and expiring on the date of its repayment, at the rate applied by the European Monetary Institute to its transactions in ecus as published in the ‘C’ series of the Official Journal of the European Communities, in force on the date of the undue payment and increased by three percentage points.
Powers of entry and inspection
10
1
An authorised person shall, on producing if so required, some duly authenticated document showing his authority, have a right at all reasonable times during the restriction period to enter upon a holding and inspect any land or apple, pear, peach or nectarine tree, whether planted or grubbed up, for the purpose of ascertaining whether —
a
grubbing up has been carried out on the holding or any part of the holding; or
b
any apple, pear, peach or nectarine tree has been planted on the holding or any part of the holding during the restriction period.
2
An authorised person entering upon a holding by virtue of this regulation may take with him such other persons acting under his instructions as he considers necessary.
3
An authorised person may, for the purpose described in paragraph (1) of this regulation, require the owner or occupier of a holding to produce for inspection any bill, account, record or other document in his possession or under his control relating to the holding; and he may make copies of or take extracts from any such document so produced.
Obstruction of authorised persons
11
1
Any person who —
a
intentionally obstructs an authorised person in the exercise of the powers conferred on him by regulation 10 above, or a person accompanying him and acting under his instructions; or
b
without reasonable excuse, fails to comply with a requirement under regulation 10 above,
shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
Recoverability of amounts
12
Any amount recoverable or payable on demand under these Regulations shall, if not recovered or paid on demand, be recoverable as a debt.
Donoughue
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
22nd April 1998
Sewel
Parliamentary Under Secretary of State, Scottish Office
23rd April 1998


type: legislation

jurisdiction: UK

text:
Citation, commencement and revocation
1
1
These Regulations may be cited as the Merchant Shipping (International Safety Management ( ISM ) Code) Regulations 1998 and shall come into force on 1st July 1998.
2
The Merchant Shipping (Operations Book) Regulations 1988 are hereby revoked.
Interpretation
2
1
In these Regulations:
“audit” means a systematic and independent examination to determine whether the safety management system is suitable to meet the objectives set out in Section 1 of the Code, and, so far as the system has been operated, that the system has been implemented effectively. Such audits shall take into account the Guidelines on the Implementation of the ISM Code by Administrations, adopted by IMO pursuant to Assembly Resolution A. 788 (19);
“authorised person” means a person authorised by the Secretary of State to carry out inspections and audits for the purpose of these Regulations and includes any surveyor of ships appointed under section 256 of the Merchant Shipping Act 1995;
“bulk carrier”, “chemical tanker”, “gas carrier”, “high speed craft”, “mobile offshore drilling unit” and “oil tanker” have the meanings given by Regulation 1 of Chapter IX of SOLAS;
“cargo ship” means a cargo ship within the meaning of the Merchant Shipping (Cargo Ship Construction) Regulations 1997 ;
“company” means the owner of a ship to which these Regulations apply or any other organisation or person such as the manager, or the bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner;
“Document of Compliance” means the Document of Compliance referred to in Regulation 4 of Chapter IX of SOLAS;
“IMO” means the International Maritime Organisation;
“ISM Code” means the International Management Code for the Safe Operation of Ships and for Pollution Prevention as adopted by IMO by Resolution A.741 (18);
“the Maritime and Coastguard Agency ( MCA )” means the Maritime and Coastguard Agency, an executive agency of the Department of the Environment, Transport and the Regions;
“Merchant Shipping Notice” means a Notice described as such and issued by the Maritime and Coastguard Agency;
“passenger ships of Classes I, II and II(A)” means passenger ships so classified within the meaning of the Merchant Shipping (Passenger Ship Construction) Regulations 1984 ;
“Safety Management Certificate” means the Safety Management Certificate referred to in Regulation 4 of Chapter IX of SOLAS;
“safety management system” means a structured and documented system enabling company personnel to effectively implement the company safety and environmental protection policy;
“ship” includes hovercraft, and “master” shall be construed accordingly;
“SOLAS” means the International Convention for the Safety of Life at Sea, 1974 its Protocol of 1978 and its amendments, in force at 1st July 1998;
“tons” has the meaning given in regulation 2(1) of the Merchant Shipping (Cargo Ship Construction) Regulations 1997; and
“United Kingdom ship” means a ship which —
is a United Kingdom ship within the meaning of section 85(2) of the Merchant Shipping Act 1995; or
is a hovercraft registered under the Hovercraft Act 1968 .
2
Any reference in these Regulations to SOLAS or the ISM Code shall include a reference to any document amending it and specified in a Merchant Shipping Notice.
3
In interpreting the ISM Code —
a
the requirements of the ISM Code having been made mandatory under regulation 4 the language thereof shall be construed accordingly; and
b
references to the Administration shall, in relation to United Kingdom ships, be references to the Secretary of State.
Application
3
1
Subject to paragraphs (2) and (4) below, these Regulations apply to —
a
United Kingdom ships wherever they may be; and
b
other ships while they are within United Kingdom waters.
2
These Regulations apply to —
a
i
passenger ships of Classes I, II and II(A); and
ii
oil tankers, chemical tankers, gas carriers, bulk carriers, and cargo high-speed craft, of 500 tons or more, which engage in international voyages; and
b
on and after 1st July 2002, to other cargo ships and mobile offshore drilling units, of 500 tons or more, which engage in international voyages.
3
These Regulations apply to every company operating a ship to which these Regulations apply.
4
These Regulations do not apply to those companies and ships to which Council Regulation ( EC ) No. 3051/95 on the safety management of roll-on/roll-off passenger ferries (ro-ro ferries) applies.
Duty to comply with the ISM Code
4
Every company shall comply with the requirements of the ISM Code as it applies to that company and to any ship owned by it or for which it has responsibility.
Duty to hold certificates
5
1
No company shall operate a ship unless that company holds a valid Document of Compliance.
2
No company shall operate a ship unless there is in force in respect of that ship a valid Safety Management Certificate.
3
No United Kingdom ship shall be operated unless:
a
the company holds a Document of Compliance issued or accepted by the Secretary of State; and
b
there is in force in relation to the ship a Safety Management Certificate issued by the Secretary of State.
4
For the purposes of this regulation a Document of Compliance or Safety Management Certificate is not valid if it has not been endorsed, in the circumstances required by the ISM Code, showing, in the case of a Document of Compliance satisfactory annual audits, or in the case of a Safety Management Certificate, a satisfactory intermediate audit.
Duty to carry certificates
6
It shall be the duty of every company to ensure that a valid Safety Management Certificate and a copy of the Document of Compliance is carried on board each ship to which these Regulations apply.
Duty of master
7
The master of every ship shall operate his ship in accordance with the safety management system on the basis of which the Safety Management Certificate was issued.
Designated person
8
1
The company shall designate a person who shall be responsible for monitoring the safe and efficient operation of each ship with particular regard to the safety and pollution prevention aspects.
2
In particular, the designated person shall —
a
take such steps as are necessary to ensure compliance with the company safety management system on the basis of which the Document of Compliance was issued; and
b
ensure that proper provision is made for each ship to be so manned, equipped and maintained that it is fit to operate in accordance with the safety management system and with statutory requirements.
3
The company shall ensure that the designated person —
a
is provided with sufficient authority and resources; and
b
has appropriate knowledge and sufficient experience of the operation of ships at sea and in port,
to enable him to comply with paragraphs (1) and (2) above.
Issue of Document of Compliance and Safety Management Certificate
9
1
If the Secretary of State is satisfied that a company operating United Kingdom ships complies with the requirements of the ISM Code he may issue it with a Document of Compliance valid for a period not exceeding five years.
2
If the Secretary of State is satisfied that a ship is operated by a company to which he has issued a Document of Compliance and that the company and its shipboard management operate in accordance with the safety management system he has approved, he shall issue in respect of that ship a Safety Management Certificate valid for a period not exceeding five years.
3
Where a company operating ships which are registered in more than one country, but at least one of which is registered in the United Kingdom, complies with the requirements of the ISM Code the Secretary of State may accept a Document of Compliance issued by the government of one of those countries to which SOLAS applies, if prior to the issue of that document he has agreed to accept it. Conditions for acceptance may include completion of a satisfactory audit of the company by an authorised person.
4
Where a company newly registers a ship in the United Kingdom, the Secretary of State may accept a Document of Compliance issued by the government of a country to which SOLAS applies in which ships operated by the company are registered. Conditions for acceptance may include completion of a satisfactory audit by an authorised person.
5
If the Secretary of State is satisfied that a United Kingdom ship is operated by a company which has a Document of Compliance accepted by the Secretary of State under paragraph (3) or (4) above and that its shipboard management operates in accordance with a safety management system which complies with the ISM Code he shall issue in respect of that ship a Safety Management Certificate valid for a period not exceeding five years.
Interim certificates
10
1
a
Where a company is newly established, or the company assumes, for the first time, the responsibility for operating a ship type not covered by a Document of Compliance the company already holds, an interim Document of Compliance may be issued to facilitate implementation of the ISM Code.
b
An interim Document of Compliance, valid for no more than 12 months, may be issued to a company following a demonstration that the company has a safety management system that meets the objectives of section 1.2.3 of the ISM Code. The company shall demonstrate plans to implement a safety management system meeting the full requirements of the ISM Code within the period of validity of the interim Document of Compliance.
2
a
An interim Safety Management Certificate, valid for not more than six months, may be issued in respect of a new ship on delivery, when a company takes on the responsibility for the management of a ship which is new to the company or when a ship is transferred between flag states. The Secretary of State, may, as he considers appropriate, extend the validity of the interim Safety Management Certificate for a further six months.
b
An interim Safety Management Certificate shall only be issued when the Secretary of State is satisfied that —
i
the Document of Compliance, or the interim Document of Compliance, is relevant to that ship type;
ii
the safety management system provided by the company for the ship includes all key elements of the ISM Code and has been assessed during the audit for issuance of the Document of Compliance or issuance of the interim Document of Compliance;
iii
the master and relevant senior officers are familiar with the safety management system and the planned arrangements for its implementation;
iv
instructions which have been identified as essential to be provided prior to sailing have been given;
v
plans for audit, by the company, of the ship within three months exist; and
vi
the relevant information on the safety management system is given in a working language or languages understood by the ship’s personnel.
Issue and endorsement of Safety Management Certificate by another government
11
The Secretary of State may request, through a proper officer or otherwise, the government of a country to which SOLAS applies —
a
to conduct an audit of the safety management system operated onboard a United Kingdom ship, and
b
if satisfied that the requirements of the ISM Code are complied with, to issue to the ship a Safety Management Certificate or authorise such issue or, where appropriate endorse such certificates in accordance with the requirements of SOLAS after intermediate audit. A certificate issued in accordance with such a request shall contain a statement that it has been so issued and shall have the same effect as if it was issued by the Secretary of State.
Issue of certificates on behalf of other governments
12
The Secretary of State may, at the request of a government of a country to which SOLAS applies, audit the safety management systems of companies and ships registered in that country and, if satisfied that the requirements of the ISM Code are complied with, and that the audit has been satisfactorily completed in accordance with these Regulations, issue to the company a Document of Compliance or, in respect of the ship a Safety Management Certificate, or, where appropriate, endorse such certificates in accordance with the requirements of SOLAS after annual or intermediate audits. A certificate issued in accordance with such a request shall contain a statement that it has been so issued and shall have the same effect as if it was issued by that government and not by the Secretary of State.
Annual audit of Document of Compliance
13
The Secretary of State shall carry out an annual audit of the safety management system of every company to which he has issued a Document of Compliance, within three months of the anniversary date of the Document of Compliance.
Intermediate audit of Safety Management Certificate
14
The Secretary of State shall carry out an intermediate audit of each ship, to ensure that the conditions for the continued validity of the Safety Management Certificate are being met, between the second and third anniversaries of the Safety Management Certificate issued by him, and at other times if he thinks fit.
Renewal of certificates
15
Before the renewal of any certificate the Secretary of State shall carry out a renewal audit of the company or ship during the six month period preceding the expiry date of the Document of Compliance or Safety Management Certificate as the case may be, to ensure that compliance with the requirements of the ISM Code is maintained.
Powers of audit, inspection, suspension of service and detention
16
1
a
Any authorised person may audit the safety management system of any company.
b
If an authorised person considers that a company, notwithstanding that it holds a Document of Compliance, is unable to operate ships without creating a risk of —
i
serious danger to safety of life; or
ii
serious damage to property; or
iii
serious harm to the environment,
or that the company does not hold a Document of Compliance, he may suspend the operation of ships by that company until such time as any such risk is removed or a valid Document of Compliance is held.
c
Where a service is to be suspended pursuant to sub-paragraph (b) above the authorised person shall serve on the company a notice stating that the operation of the service specified in the notice shall be suspended.
2
a
Any authorised person may inspect any ship, and any such inspection may include an audit of its safety management system.
b
If an authorised person is satisfied on inspecting a ship that there is a failure to comply in relation to that ship with the requirements of regulation 4 or 5 he may detain the ship.
c
In any case where a ship is liable to be detained, section 284 of the Merchant Shipping Act 1995 (which relates to the detention of the ship) shall have effect in relation to the ship subject to the modification that as if for the words “this Act” wherever they appear, there were substituted “the Merchant Shipping (International Safety Management (ISM) Code) Regulations 1998.”
d
Where a ship is detained in relation to a failure to comply with a requirement of these Regulations sections 96 and 97 of the Merchant Shipping Act 1995 shall apply to the notice of detention as they apply to a detention notice under section 95, and as if for references to the ship being dangerously unsafe there were substituted references to it being in breach of these Regulations.
3
An authorised person exercising functions under this regulation shall have the powers conferred on an inspector by section 259 of the Merchant Shipping Act 1995.
Exemptions
17
The Secretary of State may grant exemptions from all or any of the provisions of these Regulations (as may be specified in the exemption) for classes of cases or individual cases on such terms (if any) as he may specify, and may, subject to giving reasonable notice, alter or cancel any such exemption.
Suspension or cancellation of Documents of Compliance and Safety Management Certificates
18
1
a
The Secretary of State may by notice in writing suspend or cancel any Document of Compliance or Safety Management Certificate issued by him or at his request under these Regulations where he has reason to believe that:
i
the certificate was issued on false or erroneous information; or
ii
since any audit required by these Regulations, the management structure of either the company or ship has changed substantively,
or where any audit of a company or ship has revealed a failure to comply with regulation 4.
b
Any such notice shall contain the grounds for the suspension or cancellation of the certificate.
c
A notice shall not be given unless the holder has been given the opportunity to make representations, except where the Secretary of State considers that urgent safety or pollution prevention considerations require the notice to be given immediately.
2
The Secretary of State may require that any Document of Compliance or Safety Management Certificate, issued by him under these Regulations, which has expired or has been suspended or cancelled, be surrendered as directed.
3
No person shall:
a
intentionally alter a Document of Compliance or Safety Management Certificate;
b
in connection with any audit conducted pursuant to these Regulations, knowingly or recklessly furnish false information;
c
with intent to deceive, use, lend or allow to be used by another, a Document of Compliance or Safety Mangement Certificate;
d
fail to surrender a Document of Compliance or Safety Management Certificate required to be surrendered under paragraph (2); or
e
in Scotland forge any Document of Compliance or Safety Management Certificate.
Offences and penalties
19
1
Any contravention of regulations 4, 5, or 8 by a company shall be an offence punishable on summary conviction by a fine not exceeding the statutory maximum, or on conviction on indictment by imprisonment for a term not exceeding 2 years, or a fine, or both.
2
Any contravention of regulation 6 by the company shall be an offence punishable on summary conviction by a fine not exceeding level 3 on the standard scale.
3
Any contravention of regulation 7 by the master of a ship shall be an offence punishable on summary conviction by a fine not exceeding the statutory maximum, or on conviction on indictment by imprisonment for a term not exceeding 2 years, or a fine, or both.
4
Any contravention of regulation 8(2) by the designated person shall be an offence punishable on summary conviction by a fine not exceeding the statutory maximum, or on conviction on indictment by imprisonment for a term not exceeding 2 years, or a fine, or both.
5
Any company which operates a ship on a service when the service is suspended under regulation 16(1)(b) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum, or on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.
6
Any contravention of regulation 18(3) shall be an offence, punishable on summary conviction by a fine not exceeding the statutory maximum, or on conviction on indictment by imprisonment for a term not exceeding 6 months, or a fine, or both.
Defence
20
It shall be a defence for a person charged with an offence under these Regulations to show that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
Signed by authority of the Secretary of State
Glenda Jackson
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
24th June 1998


text:
1
1
This Order may be cited as the Visiting Forces (Inheritance Tax) (Designation) Order 1998 and shall come into force in accordance with the following provisions of this article.
2
This Order shall come into force, in relation to each of the countries specified in article 2, on whichever is the later of the following dates —
a
the date on which its Government becomes a party to the Agreement among the States Parties to the North Atlantic Treaty and the Other States Participating in the Partnership for Peace regarding the Status of their Forces dated 19th June 1995; and
b
the day after the date on which this Order is made.
3
The date on which this Order comes into force in relation to each of the countries specified in article 2 shall be notified in the London, Edinburgh and Belfast Gazettes.
2
The following countries are hereby designated for the purposes of section 155 of the Inheritance Tax Act 1984 —
Armenia, Austria, Azerbaijan, Belarus, Finland, Georgia, Kazakhstan, Kyrgyzstan, the Former Yugoslav Republic of Macedonia, Moldova, Russia, Switzerland, Turkmenistan, Ukraine, and Uzbekistan.
N. H. Nicholls
Clerk of the Privy Council


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Penrhos Point Mussel Fishery Order 1998 and shall come into force on 1st June 1998.
2
In this Order —
“the Company” means Morecambe Bay Mussels Limited whose registered office is at Cyttir Road, Holyhead, Anglesey, North Wales LL65 2PU;
“the grantee” means the Company or 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 signed in duplicate by a Parliamentary Under Secretary of State, Welsh Office and marked “map referred to in the Penrhos Point Mussel Fishery Order 1998”, one copy of which is in the possession of the grantee and the other copy of which is in the possession of the Secretary of State;
“the fishery” means that area close to Penrhos Point (Gorsedd-y-Penrhyn) which is shown hatched black on the definitive map.
Right of several fishery
2
Subject to the following provisions of this Order, there is hereby conferred on the grantee for a period of 7 years beginning on the date of coming into force of this Order the right of several fishery for mussels with respect to the fishery.
Marking of limits of fishery
3
The grantee shall mark the limits of the fishery in such manner as the Secretary of State may from time to time direct and shall maintain such marks in position and in good repair.
Accounts of income and expenditure and other information
4
The grantee shall render to the Secretary of State annual accounts of its income and expenditure under this Order, and shall furnish to the Secretary of State all other information required by him with reference to this Order and to the fishery in such form and at such times as he may require, and shall allow any person authorised by the Secretary of State in that behalf to inspect the fishery and all books of account and other documents in the possession of the grantee relating to this Order and to the fishery and shall give to such person any information relating thereto as he may require.
Rights of the Crown
5
Nothing in this Order shall effect prejudicially any estate, right, power, privilege or exemption of the Crown, and in particular nothing herein contained shall authorise the grantee to take, use or in any manner interfere with any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary or any land, hereditament, subject or right of whatever description belonging to Her Majesty in right of the Crown and under the management of the Crown Estate Commissioners.
Rights of various persons and bodies
6
1
Nothing in this Order shall affect prejudicially the exercise of any statutory power or authority from time to time vested in or exerciseable by any person carrying on an undertaking falling within paragraph (2) below.
2
The following are the undertakings which fall within paragraph (1) above —
a
the undertaking of any water undertaker or sewage undertaker;
b
any undertaking consisting in the running of a telecommunications code system, within the meaning of Schedule 4 to the Telecommunications Act 1984 ;
c
the undertaking of any public gas supplier within the meaning of Part 1 of the Gas Act 1986 ;
d
the undertaking of any person authorised by a licence under Part 1 of the Electricity Act 1989 to generate, transmit or supply electricity.
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
6th May 1998


text:
1
This Order may be cited as the Capital Gains Tax (Annual Exempt Amount) Order 1998.
2
The amount specified, which by virtue of section 3 of the Taxation of Chargeable Gains Act 1992 is, unless Parliament otherwise determines, the exempt amount for the year 1998–99, is £6,800.
Graham Allen
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
17th March 1998


text:
1
These Regulations may be cited as the Insurance (Fees) Regulations 1998 and shall come into force on 1st April 1998.
2
The Insurance (Fees) Regulations 1997 are hereby revoked.
3
In these Regulations —
“ the Act ” means the Insurance Companies Act 1982;
“Community deposit company” means an insurance company (other than a pure reinsurer) whose head office is not in a member State and which has made a deposit in a member State other than the United Kingdom in accordance with section 9(1)(c) as it has effect in pursuance of section 9(2)(b) of the Act;
“gross premium receivable” means the gross amount of premiums receivable required to be included in the documents required to be deposited under section 22(1) of the Act in relation to the financial year to which the documents relate (or, where by reason of an order made under section 68 of the Act such amounts are not required to be included, the amount which would otherwise have been required to be so included) being —
in the case of a company (other than a Community deposit company or a Swiss general insurance company) which carries on either long term business or general business but not both, premiums receivable in respect of its global business;
in the case of a company (other than a Community deposit company) which carries on both long term business and general business, the sum of premiums receivable in respect of its global long term business and its global general business;
in the case of a Community deposit company which carries on either long term business or general business but not both through a branch in the United Kingdom, premiums receivable in respect of its United Kingdom branch business;
in the case of a Community deposit company which carries on both long term business and general business through a branch in the United Kingdom, the sum of premiums receivable in respect of its United Kingdom branch long term business and United Kingdom branch general business;
in the case of a Swiss general insurance company which carries on general business through a branch in the United Kingdom, premiums receivable in respect of its United Kingdom branch business;
“group” means a body corporate together with: —
all of its wholly-owned subsidiaries;
any body corporate of which it is a wholly-owned subsidiary;
all bodies corporate which are wholly-owned subsidiaries of any such body corporate as is first mentioned in (b) above;
“pure reinsurer” means an insurance company whose authorisation to carry on business in the United Kingdom is restricted to reinsurance;
“wholly-owned subsidiary” has the meaning given to it by section 736(2) of the Companies Act 1985 ;
“winding up” includes an analogous procedure under any jurisdiction other than that of any part of the United Kingdom
and words and expressions which are also used in the Act shall have the same construction as in the Act.
4
Subject to regulations 5 to 8 below, when documents are deposited under section 22(1) of the Act the insurance company concerned shall pay to the Treasury the fee as set out in the table below, according to the amount of its gross premiums receivable for the financial year to which the documents deposited relate:
Gross premiums receivable Fee
Over £500,000 up to and including £2,000,000 £1,000 Over £2,000,000 up to and including £5,000,000 £5,500 Over £5,000,000 up to and including £20,000,000 £13,000 Over £20,000,000 up to and including £75,000,000 £22,000 Over £75,000,000 £31,000
5
These Regulations do not apply in the case of —
a
an EC company; or
b
any other insurance company where its gross premiums receivable in respect of the financial year to which documents deposited by it under section 22(1) of the Act relate do not exceed £500,000.
6
1
Subject to paragraph (2) below, where the sum of the fees payable under regulations 4 and 5 above by all the insurance companies within a group exceeds £217,000 the fee in respect of each of those insurance companies shall be abated proportionately so that the sum of the fees payable by those insurance companies is £217,000.
2
For the purposes of paragraph (1) above, an insurance company shall be deemed to be a member of a group at the date upon which it deposits documents in respect of a financial year in accordance with section 22(1) of the Act if it was a member of that group at the end of the financial year to which those documents relate.
7
No fee shall be payable under regulation 4 where, at the date upon which documents are deposited under section 22(1) of the Act —
a
the insurance company is subject to the process of winding up and cannot lawfully effect any contracts of insurance; or
b
the insurance company is subject to a direction given under section 11 of the Act or section 11 of the Insurance Companies Act 1981 , or given under section 12A of the Act and confirmed by the Treasury pursuant to section 12A(6) of the Act , that it shall cease to be authorised to effect contracts of insurance (including reinsurance) of all classes for which it had been authorised under section 3 or 4 of the Act or under section 3 or 4 of the said Act of 1981; or
c
the insurance company is subject to a restriction imposed under section 68 of the Companies Act 1967 or section 13 of the Insurance Companies Amendment Act 1973 , or imposed or deemed to have been imposed under section 29 of the Insurance Companies Act 1974 which, in any of those cases and taking into account the authorisation of the company, has the result that the company is prohibited from effecting any contract of insurance (including reinsurance) in the United Kingdom.
8
These Regulations do not apply when copies of an abstract of an actuary’s report of an investigation made under section 18(1) of the Act are deposited with the Treasury unless the abstract is of a report of an investigation which is required to be made by paragraph (a) of that subsection.
9
Where a statement is deposited under section 86(1) of the Act by the Council of Lloyd’s it shall pay to the Treasury a fee of £155,000.
10
For the purposes of section 94A(6) of the Act, the relevant functions of the Treasury in relation to insurance companies and the members of Lloyd’s are anything done for the purpose of or in connection with —
a
sections 11 to 13, Part II, sections 75 and 78, Part IIIA, Part IV and section 94A of the Act including prosecution of offences alleged to have been committed under any of those provisions or under provisions in earlier legislation which are analogous to those provisions;
b
section 98 of the Act in respect of the functions set out in sub-paragraph (a) above;
c
proposals for United Kingdom and European Communities legislation.
Graham Allen
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
9th March 1998


text:
1
These Regulations may be cited as the National Crime Squad Service Authority (Members' Interests) Regulations 1998 and shall come into force on 1st May 1998.
2
The Local Authorities (Members' Interests) Regulations 1992 are amended as provided in regulations 3 and 4 below.
3
In regulation 2 —
a
in the definition of “authority” after sub-paragraph (iii)(b) there is inserted —
c
the National Crime Squad Service Authority;
;
b
in the definition of “relevant member” for sub-paragraph (iii) there is substituted —
iii
in the case of the National Crime Squad Service Authority, means any member of the authority;
iv
in any other case, means an elected member of the authority.
.
4
In regulation 3 —
a
after paragraph (2) there is inserted —
2A
A person who is relevant member of the National Crime Squad Service Authority immediately before 1st May 1998 shall give the general notice not later than one month after the date, being a date on or after that date, on which he first attends a relevant meeting.
;
b
after paragraph (3A) there is inserted —
3B
A person who becomes a relevant member of the National Crime Squad Service Authority (other than by a re-appointment taking effect immediately after cessation of his membership) on or after 1st May 1998 shall give the relevant notice not later than —
a
one month after that date, or
b
one month after the date on which he first attends a relevant meeting,
whichever is the later.
;
c
in paragraph (5) after “police authority” there is inserted “, the National Crime Squad Service Authority”.
Alun Michael
Minister of State
Home Office
7th April 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Corby (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 Corby;
“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 Corby (Electoral Changes) Order 1998”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of Corby
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into thirteen 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.
Revocation
3
The Borough of Corby (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
8th October 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances) Amendment Regulations 1998 and shall come into force on 1st April 1998.
2
In these Regulations, “the principal Regulations ” means the National Health Service (Charges for Drugs and Appliances) Regulations 1989 .
Amendment of amounts specified in the principal Regulations
2
For each amount specified in column (3) of the Schedule to these Regulations, where it appears in the provision of the principal Regulations specified in relation to it in column (1) (the subject matter of which is indicated in column (2) ), there shall be substituted the amount specified in relation to it in column (4) .
Transitional provisions
3
Where, on or after 1st April 1998 —
a
any appliance specified in Schedule 1 to the principal Regulations is supplied pursuant to any order given before that date; or
b
any pre-payment certificate is granted under regulation 8 of the principal Regulations pursuant to an application under that regulation which was received before that date,
the principal Regulations shall have effect in relation to that supply or, as the case may be, that grant as if regulation 2 of these Regulations had not come into force.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,
Department of Health
26th February 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Conwy and Denbighshire National Health Service Trust (Establishment) Order 1998 and shall come into force on 4th January 1999.
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 4th January 1999;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means Conwy and Denbighshire National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called Conwy and Denbighshire National Health Service Trust or Ymddiriedolaeth Gwasanaeth Iechyd Gwladol Conwy a Sir Ddinbych.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions shall be to own and manage Glan Clwyd Hospital, Rhyl, Denbighshire LL18 5UJ, and associated hospitals and premises, and there to provide and manage hospital accommodation and services and community health services.
Directors of the trust
4
The trust shall have, in addition to the chairman, 7 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1999.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date 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 other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by Health Authorities before operational date
7
1
North Wales Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (2) of this article.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
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 Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
16th December 1998


text:
Citation and commencement
1
This Order may be cited as the Enfield Community Care National Health Service Trust (Establishment) Amendment Order 1998 and shall come into force on 1st June 1998.
Amendment of Establishment Order
2
For Article 3 of the Enfield Community Care National Health Service Trust (Establishment) Order 1992 there shall be substituted the following Article: —
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 —
a
to own and manage pursuant to section 5(1)(a) of the Act Community Premises, Chase Farm Hospital, The Ridgway, Enfield, Middlesex EN2 8JL and associated hospitals, and there to provide hospital accommodation and community health services; and
b
to provide and manage pursuant to section 5(1)(b) of the Act, the Oaks and Elms, Highlands Village, Pennington Drive, Winchmore Hill, London N21 1PN, and from there to provide community services.
.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,
Department of Health
19th May 1998


text:
Citation and commencement
1
This Order may be cited as the Local Authorities (Goods and Services) (Public Bodies) (No. 2) Order 1998 and shall come into force on 17th April 1998.
Designation of public body
2
Further Education (London Region) Services (“ FELORS ”), being a person appearing to the Secretary of State for the Environment, Transport and the Regions and to the Secretary of State for Wales to be exercising functions of a public nature, shall be a public body for the purposes of the Local Authorities (Goods and Services) Act 1970 in its application to England and Wales.
Restriction on agreements
3
Agreements which may be entered into by FELORS by virtue of this Order shall be restricted to agreements with a local authority for the provision of administrative, professional or technical services by that authority to FELORS in connection with FELORS’s activities in the field of further and higher education and training.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Nick Raynsford
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
12th March 1998
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under-Secretary of State, Welsh Office
13th March 1998


text:
Citation and commencement
1
This Order may be cited as the South Lanarkshire (Electoral Arrangements) Order 1998 and shall come into force on 1st January 1999.
Interpretation
2
In the Schedule to this Order–
a
a reference to–
i
an electoral ward is a reference to that electoral ward as constituted in this Order; and
ii
a road, footpath, railway line, river, burn or canal shall, where the context so admits, be construed as a reference to the centre line of the feature concerned; and
b
the following abbreviations are used:–
“EW” for electoral ward;
“NG Ref” for National Grid Reference as published on Ordnance Survey Maps.
Electoral arrangements
3
The area of South Lanarkshire Council shall be divided into 67 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
16th December 1998


text:
Citation and commencement
1
These Regulations may be cited as the Houses in Multiple Occupation (Charges for Registration Schemes) Regulations 1998 and shall come into force on the twenty eighth day after the day on which they are made.
Interpretation and application
2
1
In these Regulations —
“ the Act ” means the Housing Act 1985 ;
“control provisions”, “local housing authority” and “registration scheme” have the same meanings as in Part XI of the Act ;
“house” means a house in multiple occupation within the meaning of that Part or, as the circumstances of the case require, a building or part of a building intended to be used as such a house.
2
These Regulations apply to registration schemes containing control provisions made under Part XI of the Act as amended by the Housing Act 1996.
Power to charge in respect of registration schemes for houses in multiple occupation containing control provisions
3
1
A local housing authority may impose a charge in respect of their dealing with an application for the first registration, or the renewal of the registration, of a house in pursuance of control provisions contained in a registration scheme.
2
A charge imposed under these Regulations is payable by the person making an application for the first registration, or the renewal of the registration, of the house, at the time of the making of the application.
Amount of charge
4
1
The amount of a charge on the application for the first registration of a house is to be at the local housing authority’s discretion, subject to a maximum amount of £60 multiplied by the number of habitable rooms, and for the purposes of this paragraph a room is habitable if it is of a type normally used in the locality as a living room or a bedroom.
2
The amount of a charge on an application for the renewal of the registration of a house is half the charge that would then have been payable on an application for the first registration of that house.
3
Where —
a
a house in multiple occupation has been or is registered under a scheme and a new registration scheme is made which applies to that house, and
b
in the five year period prior to the date the new scheme comes into force, a charge has been paid to the local housing authority on the application for the first registration or for the renewal of it, or a fee has been paid to the local housing authority on its registration under a previous scheme in accordance with the Houses in Multiple Occupation (Fees for Registration Schemes) Order 1997 ,the amount of the charge payable shall be the amount that would otherwise be payable in accordance with paragraphs (1) and (2), less the aggregate of the charges and fees so paid.
Revocation and Saving
5
1
Subject to paragraph (2), the Houses in Multiple Occupation (Charges for Registration Schemes) Regulations 1991 are hereby revoked.
2
Those Regulations shall remain in force in relation to registration schemes made under Part XI of the Act prior to its amendment by the Housing Act 1996.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
22nd July 1998
Signed by authority of the Secretary of State for Wales
Parliamentary Under Secretary of State, Welsh Office
Win Griffiths
23rd July 1998


text:
Introductory
Citation and commencement
1
1
These Regulations may be cited as the Reserve Forces Act 1996 (Consequential Provisions etc.) Regulations 1998.
2
These Regulations shall come into force on 1st January 1999.
Interpretation
2
In these Regulations–
“the 1955 Acts ” means the Army Act 1955 and the Air Force Act 1955 ; and
“the 1957 Act ” means the Naval Discipline Act 1957 .
Amendments in connection with special members of reserve forces
Fines for service offences
3
1
In subsection (5) of section 71 of the 1955 Acts and subsection (6) of section 43 of the 1957 Act (fines for service offences) the words from “and for the purposes of this subsection” to the end of the subsection shall be omitted.
2
After subsection (5) of section 71 of the 1955 Acts there shall be inserted–
5A
For the purposes of subsection (5) above, a day’s pay shall be taken to be–
a
subject to paragraph (b) below, the gross pay which is, or would apart from any forfeiture be, issuable to the offender in respect of the day on which the punishment is awarded;
b
if the offender is a special member of a reserve force, the gross pay which would have been issuable to him in respect of that day if he had been an ordinary member of that reserve force of the same rank.
5B
In subsection (5A)(b) above “special member” and “ordinary member” have the same meaning as in the Reserve Forces Act 1996.
.
3
After subsection (6) of section 43 of the 1957 Act there shall be inserted–
6A
For the purposes of subsection (6) above, a day’s pay shall be taken to be–
a
subject to paragraph (b) below, the gross pay which is, or would apart from any forfeiture be, issuable to the offender in respect of the day on which the punishment is awarded;
b
if the offender is a special member of a reserve force, the gross pay which would have been issuable to him in respect of that day if he had been an ordinary member of that reserve force of the same rank.
6B
In subsection (6A)(b) above “special member” and “ordinary member” have the same meaning as in the Reserve Forces Act 1996.
.
4
In section 76C of the 1955 Acts (punishments available on summary dealings) for subsection (9) there shall be substituted–
9
For the purposes of subsections (6) to (8) above, a day’s pay shall be taken to be–
a
subject to paragraph (b) below, the gross pay which is, or would apart from any forfeiture be, issuable to the offender in respect of the day on which the punishment is awarded;
b
if the offender is a special member of a reserve force, the gross pay which would have been issuable to him in respect of that day if he had been an ordinary member of that reserve force of the same rank.
9A
In subsection (9)(b) above “special member” and “ordinary member” have the same meaning as in the Reserve Forces Act 1996.
.
Summary fines for contempt
4
1
In–
a
section 57(2)(a) of the 1955 Acts, and
b
section 38(3)(a) of the 1957 Act,
(limit on amount of fine where contempt of court-martial dealt with summarily, etc.), the words “(a day’s pay being taken for this purpose as the gross amount which is, or would apart from any forfeiture be, issuable to the offender in respect of the day on which the order is made)” shall be omitted.
2
After subsection (2A) of section 57 of the 1955 Acts there shall be inserted–
2B
For the purposes of subsection (2) above, a day’s pay shall be taken to be–
a
subject to paragraph (b) below, the gross pay which is, or would apart from any forfeiture be, issuable to the offender in respect of the day on which the order is made;
b
if the offender is a special member of a reserve force, the gross pay which would have been issuable to him in respect of that day if he had been an ordinary member of that reserve force of the same rank.
2C
In subsection (2B)(b) above “special member” and “ordinary member” have the same meaning as in the Reserve Forces Act 1996.
.
3
After subsection (3A) of section 38 of the 1957 Act there shall be inserted–
3B
For the purposes of subsection (3) above, a day’s pay shall be taken to be–
a
subject to paragraph (b) below, the gross pay which is, or would apart from any forfeiture be, issuable to the offender in respect of the day on which the order is made;
b
if the offender is a special member of a reserve force, the gross pay which would have been issuable to him in respect of that day if he had been an ordinary member of that reserve force of the same rank.
3C
In subsection (3B)(b) above “special member” and “ordinary member” have the same meaning as in the Reserve Forces Act 1996.
.
Enforcement of financial penalties
5
1
In section 133A of the 1955 Acts and section 128F of the 1957 Act (financial penalty enforcement orders), in subsection (2), after “applies to a person who” there shall be inserted “(a)” and at the end of that subsection there shall be inserted–
; or
b
is subject to service law because he is a special member of a reserve force within the meaning of the Reserve Forces Act 1996.
.
Attachment of earnings etc.
6
1
In section 24(2) of the Attachment of Earnings Act 1971 (amounts not to be treated as “earnings”), at the end of paragraph (b) there shall be inserted “other than pay or allowances payable by his employer to him as a special member of a reserve force (within the meaning of the Reserve Forces Act 1996)”.
2
In section 73(3) of the Debtors (Scotland) Act 1987 (amounts not to be treated as earnings), at the end of paragraph (b) there shall be inserted “unless it is a sum consisting of pay or allowances payable by his employer to him as a special member of a reserve force (within the meaning of the Reserve Forces Act 1996)”.
Other consequential amendments
Meaning of “service property” in the 1955 Acts
7
In section 225(1) of the Army Act 1955 and section 223(1) of the Air Force Act 1955 (interpretation), for the definition of “service property” there shall be substituted–
“service property” includes property belonging to an association established, or having effect as if established, under section 110 of the Reserve Forces Act 1996 or to the Navy, Army and Air Force Institutes.
.
Postponement of discharge– QARNNS
8
1
For paragraph 12 of Schedule 3 to the Armed Forces Act 1981 (which applies section 4 of the Armed Forces Act 1966 with modifications in relation to ratings of Queen Alexandra’s Royal Naval Nursing Service) there shall be substituted–
12
Section 4 (postponement of discharge or transfer to the reserve) shall have effect in relation to ratings of Queen Alexandra’s Royal Naval Nursing Service as if it provided–
Postponement of discharge–QARNNS.
4
1
This section applies to a rating if, on the relevant date, a call-out order under section 52, 54 or 56 of the Reserve Forces Act 1996 is in force authorising the call out for permanent service of members of the Royal Fleet Reserve.
For the purposes of this section, “the relevant date”, in relation to a rating, means the date on which he would, apart from this section, be entitled to be discharged.
2
A rating to whom this section applies may be retained in service in Queen Alexandra’s Royal Naval Nursing Service after the relevant date in accordance with this section for such period as the competent authority may order, and his service may be prolonged accordingly.
3
A rating may not be retained in Queen Alexandra’s Royal Naval Nursing Service after the relevant date for longer than twelve months.
4
A rating who is so retained is (if not discharged sooner) entitled to be discharged at the end of those twelve months.
5
If, while a person is being retained in service in Queen Alexandra’s Royal Naval Nursing Service by virtue of this section, it appears to the competent authority that his service can be dispensed with, he shall be entitled to be discharged.
6
Where, at the time at which under subsections (1) to (5) above a person is entitled to be discharged, a state of war exists between Her Majesty and a foreign power–
a
he may, by declaration made before his commanding officer in a form prescribed by regulations of the Defence Council, agree to continue in service in Queen Alexandra’s Royal Naval Nursing Service while such a state of war exists, and
b
if the competent authority approve, he may continue accordingly as if the period for which his term of service could be prolonged under subsections (1) to (5) above were a period continuing so long as a state of war exists;
but this is subject to subsection (7) below.
7
If it is so specified in the declaration, he shall be entitled to be discharged at the end of three months' notice given by him to his commanding officer.
.
2
Paragraph (1) does not apply in relation to a rating of Queen Alexandra’s Royal Naval Nursing Service who is in service immediately before 1st January 1999 unless–
a
he re-enters, re-engages or extends his service in Queen Alexandra’s Royal Naval Nursing Service after that day, or
b
he has elected irrevocably in such manner as may be prescribed by orders or regulations under section 4 of the Reserve Forces Act 1996 to be a person to whom paragraph (1) shall apply.
Construction of references to persons called out on permanent service
9
1
In section 225 of the Army Act 1955 and section 223 of the Air Force Act 1955, subsection (2) (which requires references in the Acts to persons being called out on permanent service to be construed by reference to certain provisions of the Reserve Forces Act 1980 now of effect for transitional cases only) shall cease to have effect.
2
In section 3(3) of the Army Act 1955 (circumstances in which order for transfer between corps may be made otherwise than by a member of the Army Board), for “men of the reserve are called out on permanent service” there shall be substituted “a call-out order under section 52 of the Reserve Forces Act 1996 is in force authorising the call out for permanent service of members of the reserve”.
3
In section 15 of the 1955 Acts (right of warrant officer to discharge on reduction to ranks) for “men of the reserve are called out on permanent service” there shall be substituted “a call-out order under section 52 of the Reserve Forces Act 1996 is in force authorising the call out for permanent service of members of the reserve”.
4
In section 21(3) of the 1955 Acts (circumstances in which number of aliens serving may be altered) for “men of the reserve are called out on permanent service” there shall be substituted “a call-out order under section 52 of the Reserve Forces Act 1996 is in force authorising the call out for permanent service of members of the reserve”.
5
In section 167(2) of the Army Act 1955 (circumstances in which a vehicle may be requisitioned for purchase on behalf of the Crown) for “men of the army reserve are called out on permanent service” there shall be substituted “a call-out order under section 52 of the Reserve Forces Act 1996 is in force authorising the call out for permanent service of members of the army reserve”.
6
In section 167(2) of the Air Force Act 1955 (circumstances in which a vehicle may be requisitioned for purchase on behalf of the Crown) for “men of the air force reserve are called out on permanent service” there shall be substituted “a call-out order under section 52 of the Reserve Forces Act 1996 is in force authorising the call out for permanent service of members of the air force reserve”.
Repeal of references to persons being called into actual service
10
1
In paragraph 1(i) of Schedule 1 to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (service relevant for the purposes of the Act) the words “or the calling into actual service” shall be omitted.
2
In section 7A(1) of the Marine, &c., Broadcasting (Offences) Act 1967 (powers of enforcement in relation to marine offences) the words “or called into actual service” shall be omitted.
3
In section 1(1) of the Customs and Excise Management Act 1979 (interpretation) in the definition of “armed forces” the words “or called into actual service” shall be omitted.
4
In section 20(1) of the Reserve Forces (Safeguard of Employment) Act 1985 (interpretation) the definition of “permanent service” shall be omitted.
5
In section 127(1) of the Reserve Forces Act 1996 (interpretation) the definition of “permanent service” shall be omitted.
Transitional provisions
Postponement of discharge or transfer to reserve: transitional cases
11
The Schedule (postponement of discharge or transfer to the reserve: transitional cases) shall have effect.
Minor correction
12
In section 36(3)(b) of the Reserve Forces Act 1980 , the words “of the Reserve Forces Act 1996)” shall be omitted.


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Amendment (Personal Allowances for Children) Regulations 1998 and both this regulation and regulation 2 of these Regulations shall, subject to paragraphs (2) and (4) of this regulation, come into force on 9th November 1998.
2
In so far as regulation 2 of these Regulations amends the Income Support Regulations then, in the case of a claimant whose benefit week does not commence on 9th November 1998, that regulation shall have effect from the first day of the first benefit week to commence for that claimant after that date.
3
In paragraph (2) above, “the Income Support Regulations” means the Income Support (General) Regulations 1987 and “claimant” and “benefit week” shall have the same meanings as in regulation 2(1) of those Regulations .
4
In so far as regulation 2 of these Regulations amends the Jobseeker’s Allowance Regulations then, in the case of a claimant whose benefit week does not commence on 9th November 1998, that regulation shall have effect from the first day of the first benefit week to commence for that claimant after that date.
5
In paragraph (4) above, “the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 and “benefit week” shall have the same meaning as in regulation 1(3) of those Regulations .
6
Regulation 3 of these Regulations shall come into force on 10th November 1998 and in relation to any particular claimant for family credit or disability working allowance, that regulation shall have effect, where that claimant has an award of either of those benefits —
a
which expires on 9th November 1998, on 10th November 1998; or
b
which expires after 9th November 1998, on the day following the expiration of that award.
Income support, jobseeker’s allowance, housing benefit and council tax benefit: personal allowances in respect of children and young persons
2
1
In entry (a) of the table in each of the provisions specified in paragraph (2) below (which specify the personal allowances applied in respect of children and young persons when calculating applicable amounts), in column (2), for the sum “£17.30” there shall be substituted the sum “£19.80”.
2
The provisions specified for the purposes of paragraph (1) above are —
a
paragraph 2(1) of Schedule 2 to the Income Support (General) Regulations 1987 ;
b
paragraph 2(1) of Schedule 1 to the Jobseeker’s Allowance Regulations 1996 ;
c
paragraph 2(1) of Schedule 2 to the Housing Benefit (General) Regulations 1987 ;
d
paragraph 2(1) of Schedule 1 to the Council Tax Benefit (General) Regulations 1992 .
Family credit and disability working allowance: determination of maximum amount
3
In both sub-paragraph (a) of paragraph 2 of column (2) in Schedule 4 to the Family Credit (General) Regulations 1987 and sub-paragraph (a) of paragraph 3 of column (2) in Schedule 5 to the Disability Working Allowance (General) Regulations 1991 (maximum amounts for children and young persons), for the sum “£12.35” there shall be substituted the sum “£14.85”.
Signed by authority of the Secretary of State for Social Security.
Keith Bradley
Parliamentary Under-Secretary of State,
Department of Social Security
24th June 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Leicestershire and Rutland Healthcare National Health Service Trust (Establishment) Order 1998 and shall come into force on 1st January 1999.
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 January 1999;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Leicestershire and Rutland Healthcare National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established on NHS trust which shall be called the Leicestershire and Rutland Healthcare National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be:–
a
to own and manage pursuant to section 5(1)(a) of the Act Glenfield Hospital Psychiatric Department, Groby Road, Leicester LE3 9QP; Leicester General Hospital, Psychiatric Department, Gwendolen Road, Leicester LE5 4PW and other hospitals and associated premises (including teaching and research facilities), and there to provide and manage hospital accommodation and services, and there and from there to provide and manage community health services; and
b
to provide and manage pursuant to section 5(1)(b) of the Act hospitals or other establishments or facilities in the area of Leicestershire Health Authority, and there to provide and manage hospital accommodation and services, and there and from there to provide and manage 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.
Significant teaching commitment
5
1
The trust is to be regarded as having a significant teaching commitment by virtue of paragraph 3(2)(a) of Schedule 2 to the Act.
2
One of the non-executive directors of the trust shall be appointed from the University of Leicester.
Operational date and accounting date of the trust
6
1
The operational date of the trust shall be 1st April 1999.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
7
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
8
1
The Leicestershire 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 and other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling and 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
9
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
8th December 1998


text:
Citation and commencement
1
This Order may be cited as the East Middlesbrough 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 of this Order.
Constitution of education action zone
3
The schools listed in Schedule 2 to this Order shall constitute collectively an education action zone under the name of the East Middlesbrough 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 person appointed by each partner, unless any partner chooses not to make such an appointment.
5
The Forum may at any time appoint not more than 30 additional members from persons appearing to them to represent the interests of–
a
businesses;
b
parents of children of compulsory school age; and
c
the voluntary sector.
in the area served by the zone schools.
Disqualification from membership of the Forum
6
Articles 7 to 9 shall have effect for the purpose of prescribing the circumstances and cases in which a person is to be disqualified for holding, or continuing to hold, office as a member of the Forum.
Disqualification from membership of Forum — bankruptcy etc.
7
1
Subject to the provisions of this regulation, a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if he has been adjudged bankrupt or has made a composition or arrangement with his creditors; and a member, on becoming so disqualified, shall give written notice of the fact to the secretary to the Forum.
2
Where a person is disqualified by reason of his having been adjudged bankrupt, that disqualification shall cease–
a
unless the bankruptcy order made against that person is previously annulled, on his discharge from bankruptcy; and
b
if the bankruptcy order is so annulled, on the date of the annulment.
3
Where a person is disqualified by reason of his having made a composition or arrangement with his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed and in any other case it shall cease on the expiration of three years from the date on which the terms of the deed of composition or arrangement are fulfilled.
Disqualification from membership of Forum — criminal convictions
8
1
Subject to paragraph (2) a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if–
a
within five years before his appointment would otherwise have taken effect or since his appointment, he has been convicted, whether in the United Kingdom or elsewhere, of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;
b
within twenty years before his appointment would otherwise have taken effect, he has been convicted as aforesaid and has had passed on him a sentence of imprisonment for a period of more than two and a half years; or
c
he has at any time been convicted as aforesaid and has had passed on him a sentence of imprisonment of not less than five years.
2
For the purposes of this regulation there shall be disregarded any conviction by or before a court outside the United Kingdom of an offence in respect of conduct which, if it had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom.
Disqualification — absence from meetings
9
Any member of the Forum who, without the consent of the Forum has failed to attend the meetings thereof for a continuous period of six months beginning with the date of a meeting shall, on the expiry of that period, be disqualified for continuing to be a member of the Forum without prejudice however, to his re-appointment.
Chairman’s tenure of office
10
The chairman of the Forum elected in accordance with paragraph 2 of Schedule 1 to the Act, shall hold office for one year from the date of his election (unless he resigns his office earlier), without prejudice to his eligibility to be re-elected for a further such period.


text:
Citation and commencement
1
1
This Order may be cited as the Axmouth Harbour Revision Order 1998 and shall come into force on 18th September 1998.
2
The Axmouth Harbour Act 1830 and this Order may be cited together as the Axmouth Harbour Act and Order 1830 and 1998.
Interpretation
2
In this Order expressions to which meanings are assigned by the Harbours Act 1964 have the same respective meanings; and “the Authority” means East Devon District Council.
Extension of seaward limit of jurisdiction
3
The Axmouth seaward area (within which the Authority has jurisdiction in accordance with the Axmouth Harbour Act 1830) is hereby extended to include the area described in the Schedule to this Order.
Byelaws
4
1
The Authority may from time to time make such byelaws as it thinks fit for all or any of the following purposes:–
a
for regulating the exercise of the powers vested in the harbour master;
b
for regulating the use of any works and facilities provided by the Authority;
c
for preventing damage or injury to any vessel, goods, vehicle, plant, machinery, property or persons within the harbour;
d
for regulating the conduct of all persons in the harbour, not being members of a police force or officers or servants of the Crown or of a fire authority whilst in the exercise of their duties as such;
e
for regulating the placing, maintenance and use of moorings;
f
for preventing and removing obstructions or impediments within the harbour;
g
for regulating the launching of vessels within the harbour;
h
for regulating or preventing the use in the harbour or on board any vessel therein of fires, naked lights, flares or any flammable matter, equipment, tools or appliances which the Authority consider involve a risk of fire;
i
for prohibiting persons smoking in the harbour;
j
for prohibiting and regulating the use, movement, speed and parking of vehicles within the harbour;
k
for requiring the use of effectual silencers and for the control of noise generally on vessels in the harbour;
l
for regulating vessels in the harbour and their entry into and departure from it and, without prejudice to the generality of the foregoing, for prescribing rules for regulating speed, requiring safe navigation and regulating the lights and signals to be exhibited or made by, or for the benefit of, vessels using, navigating or mooring within the harbour;
m
for regulating the loading and unloading of cargoes within the harbour and the embarkation of persons into, or their disembarkation from, vessels within the harbour;
n
for prescribing the lights and signals to be exhibited or made–
i
by vessels aground within the harbour;
ii
by vessels used for marking obstructions within the harbour; and
iii
at the entrance at any wharf, pier or other work for assisting the navigation of vessels within the harbour;
o
for preventing or regulating the discharge into the harbour of any material or substance;
p
for regulating fishing for marine creatures of any type and by whatever means from any pier, jetty, wharf or other installation or structure of any kind within the harbour;
q
for regulating or preventing bathing, and for securing the protection of bathers, within the harbour;
r
for regulating the use and preventing the misuse of services and facilities provided by the Authority in the harbour including the wilful or negligent damage or interference by persons of light and signals within the harbour; and
s
for imposing upon any person, on his being summarily convicted of contravening or failing to comply with any byelaw under this article, a fine not exceeding level 4 on the standard scale.
2
In this article “signals” includes sound signals.
3
Byelaws made by the Authority in terms of this Order–
a
may make different provision in relation to different classes of vessels; and
b
may otherwise make different provision for different circumstances.
4
Subsections (3) to (8) and (11) of section 236 and section 238 of the Local Government Act 1972 (which relate to the procedure for making, and evidence of byelaws) shall apply to any byelaws made by the Authority in relation to the harbour but, subject to paragraph (5) below, the Minister is specified as confirming authority and may confirm the byelaws with such modifications as he thinks fit.
5
Where the Minister proposes to make a modification which appears to him to be substantial, he shall inform the Authority and require it to take any steps he considers necessary for informing persons likely to be concerned with the modification and shall not confirm the byelaws until such period has elapsed as he thinks reasonable for consideration of, and comment upon, the proposed modification by the Authority and by other persons who have been informed of it.
Crown Rights
5
1
Nothing in this Order shall affect prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular and without prejudice to the generality of the foregoing, nothing in this Order shall authorise any person to take, use, enter upon or in any manner intentionally or recklessly tamper with, any land or hereditaments (including any part of the shore or bed of the sea or of any river, channel, creek, bay or estuary) or any rights of whatsoever description–
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Commissioners; or
b
belonging to a government department, or held in trust for Her Majesty for the purpose of a government department, without the consent in writing of that department.
2
A consent under paragraph (1) above may be given unconditionally or subject to such conditions and upon such terms as shall be considered necessary or appropriate.
Repeal
6
Section XLI of the Axmouth Harbour Act 1830 (byelaws) is repealed.
In witness whereof the official seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
A.G. Kuyk
7th September 1998.


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Edinburgh Healthcare National Health Service Trust (Establishment) Amendment Order 1998 and shall come into force on 6th November 1998.
2
In this Order “the principal Order ” means the Edinburgh Healthcare National Health Service Trust (Establishment) Order 1993 .
Amendment of Article 3 of the principal Order
2
For article 3 of the principal Order there shall be substituted the following:–
3
1
The trust is established for the purposes specified in section 12A(1) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more Health Boards) shall be–
a
to own and manage under section 12A(1)(a) of the Act the hospital establishments or facilities known as the Royal Edinburgh Hospital, Astley Ainslie Hospital, Corstorphine Hospital, Gogarburn Hospital, Ferryfield House and Southfield Hospital, all in Edinburgh, and establishments associated with those hospitals, including management of the facilities provided at and from those establishments, and also including the management of any teaching and research facilities associated with these establishments and the support services related thereto; and
b
to provide and manage under section 12A(1)(b) of the Act Ellen’s Glen House, a new hospital and associated facilities to replace Southfield Hospital, Edinburgh.
.
Sam Galbraith
Minister for Health, Scottish Office
St Andrew’s House,
Edinburgh
5th November 1998


text:
1
These Regulations may be cited as the Road Vehicles Registration Fee (Amendment) Regulations 1998 and shall come into force on 9th April 1998.
2
In regulation 2(1) of the Road Vehicles Registration Fee Regulations 1998 for the words “section 22” there shall be substituted “section 21”.
Signed by authority of the Secretary of State
Helene Hayman
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
7th April 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Broxbourne (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 that on which it is made.
3
In this Order–
“the borough” means the borough of Broxbourne;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
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 Broxbourne (Electoral Changes) Order 1998”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of Broxbourne
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into thirteen wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise 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 (2) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or other similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of Broxbourne
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 paragaphs (7) and (8) 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 such 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.
Revocation
4
The Borough of Broxbourne (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
16th October 1998


text:
Title and commencement and extent
1
These Regulations may be cited as the Nitrate Sensitive Areas (Amendment) Regulations 1998, shall come into force on 1st April 1998 and shall extend to England.
Amendment of previous Regulations
2
The Nitrate Sensitive Areas Regulations 1994 shall be amended in Schedule 6 as follows:
a
in paragraph 4 (Option B — Conversion of arable land to species — rich grassland, unfertilised and ungrazed), in column 2 —
i
for “£590” there shall be substituted “£625”; and
ii
for “£490” there shall be substituted “£525”; and
b
in paragraph 6B (Set-aside Option), for “£388” there shall be substituted “£376”.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
20th January 1998


text:
Citation and commencement
1
This Order may be cited as the Queen’s Medical Centre, Nottingham, University Hospital National Health Service Trust (Establishment) Amendment Order 1998 and shall come into force on 7th December 1998.
Amendment of NHS trust Establishment Order
2
For article 3 of the Queen’s Medical Centre, Nottingham, University Hospital National Health Service Trust (Establishment) Order 1992 (functions of the trust) there shall be substituted the following article–
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more Health Authorities) shall be–
a
to own and manage pursuant to section 5(1)(a) of the Act the Queen’s Medical Centre, Nottingham, University Hospital, Derby Road, Nottingham and associated premises (including the management of its teaching and research facilities) and there to provide hospital accommodation and services;
b
to provide and manage pursuant to section 5(1)(b) of the Act accommodation within, and an additional establishment adjoining, the East Block of the Queen’s Medical Centre, Nottingham, University Hospital, Derby Road, Nottingham and there to provide hospital accommodation and services; and
c
to provide and manage pursuant to section 5(1)(b) of the Act facilities at Leen Gate/Abbey Street, Lenton, Nottingham and there to provide hospital accommodation and services.
.
Signed by authority of the Secretary of State for Health.
Alan Milburn
Minister of State,
Department of Health
25th November 1998