text:
Citation, commencement and repeal
1
1
These Regulations may be cited as the Merchant Shipping and Fishing Vessels (Manual Handling Operations) Regulations 1998 and shall come into force on 31st December 1998.
2
The following provisions are hereby repealed–
a
section 18(1)(f) of the Children and Young Persons Act 1933 ;
b
section 28(1)(f) of the Children and Young Persons (Scotland) Act 1937 ;
c
paragraph 35 of Schedule 8 to the Children (Northern Ireland) Order 1995 .
Interpretation
2
1
In these Regulations, except where the context otherwise requires, any reference to–
a
a numbered regulation is a reference to the regulation bearing that number in these Regulations; and
b
a numbered paragraph or sub-paragraph is a reference to the paragraph or, as the case may be, sub-paragraph bearing that number in the regulation or Schedule in which the reference appears.
2
In these Regulations–
“ the Act ” means the Merchant Shipping Act 1995;
“contract of employment” means a contract of employment, whether express or implied, and if express, whether oral or in writing;
“employer” means a person by whom a worker is employed under a contract of employment;
“ General Duties Regulations ” means the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 ;
“health and safety” includes the occupational health and safety of persons whilst on board the ship and whilst boarding or leaving the ship;
“injury” does not include injury caused by any toxic or corrosive substance which–
has leaked or spilled from a load,
is present on the surface of a load, but has not leaked or spilled from it, or
is a constituent part of a load,
and injured shall be construed accordingly;
“load” includes any person and any animal;
“manual handling operation” means any transporting or supporting of a load (including lifting, putting down, pushing, pulling, carrying or moving thereof) by hand or by bodily force;
“public service vessel” means any vessel operated by and on behalf of a public body while it is carrying out the authorised functions of that body;
“relevant inspector” means a person mentioned in paragraphs (a), (b) or (c) of section 258(1) of the Act;
“sail training vessel” means a vessel which is being used either–
to provide instruction in the principles of responsibility, resourcefulness, loyalty and team endeavour and to advance education in the art of seamanship; or
to provide instruction in navigation and seamanship for yachtsmen,
and is operating under a statutory code;
“statutory code” means–
The Code of Practice for the Safety of Small Commercial Sailing Vessels ;
The Code of Practice for the Safety of Small Commercial Motor Vessels ; or
The Code of Practice for Safety of Large Commercial Sailing and Motor Vessels ;
“trainees and apprentices” does not include persons who are training in a sail training vessel;
“United Kingdom ship” means a ship which–
is a United Kingdom ship within the meaning of section 85(2) of the Act; or
is a Government ship within the meaning of section 308(4) of the Act; or
is a hovercraft registered under the Hovercraft Act 1968 .
“worker” means any person employed by an employer under a contract of employment, including trainees or apprentices.
3
Subject to paragraph (2), words and expressions used in the Regulations shall have the same meaning as in Council Directive 90/269/ EEC on the minimum health and safety requirements for the manual handling of loads where there is a risk particularly of back injury to workers .
Application and exemption
3
1
These Regulations shall apply to all activities of workers on United Kingdom ships except when–
a
the activity of a worker is on a public service vessel or a vessel engaged in search and rescue; and
b
characteristics of that activity inevitably conflict with a provision of these Regulations,
and in such a case there shall be a duty on the employer so far as is reasonably practicable to ensure the health and safety of the worker when performing that activity.
2
Regulations 1, 2, 3, 11, 12 and 13 apply to ships other than United Kingdom ships which are in United Kingdom waters.
3
These Regulations shall not apply to or in relation to the activities of a worker which are covered by the Manual Handling Operations Regulations 1992 or the Manual Handling Operations Regulations (Northern Ireland) 1992 .
Persons on whom duties are imposed
4
Where a person on whom a duty is imposed by any provision of these Regulations does not have control of the matter to which the regulation relates because he does not have responsibility for the operation of the ship, then any duty imposed by that regulation shall also extend to any person who has control of that matter.
Duties of employers
5
1
The employer shall, so far as is reasonably practicable, take appropriate measures or provide means (including mechanical equipment) to avoid the need for manual handling of loads which involve a risk of workers being injured.
2
Where it is not reasonably practicable to avoid the need for any manual handling operation which involves a risk of injury then the employer shall–
a
either separately or as an addition to the assessment made under regulation 7 of the General Duties Regulations, carry out an assessment of all such manual handling operations, having regard to the factors which are specified in column 1 of the Schedule to these Regulations and considering the questions which are specified in the corresponding entry in column 2 of that Schedule; and
b
take appropriate steps to reduce the risk of injury to workers arising out of their undertaking any such manual handling operations to the lowest level that is reasonably practicable; and
c
take appropriate steps to provide any worker who is undertaking any such manual handling operations with general indications and, where it is reasonably practicable to do so, precise information on–
i
the weight of each load, and
ii
the heaviest side of any load which has a centre of gravity which is not positioned centrally; and
d
provide workers who will be required to undertake any such manual handling operation with proper training and information on how to handle loads correctly and the risks to their health and safety from incorrect handling.
Duty of workers
6
Every worker while at work shall make full and proper use of any system of work provided for his use by his employer in compliance with regulation 5(2)(b).
Penalties
7
1
Any contravention of regulation 5 shall be an offence punishable on summary conviction by a fine not exceeding level 5 on the standard scale.
2
Any contravention of regulation 6 shall be an offence punishable on summary conviction by a fine not exceeding level 2 on the standard scale.
Offences by body corporate and partnerships
8
1
Where a body corporate is guilty of an offence under any of these Regulations and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, the preceding paragraph shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
3
Where an offence under any of these Regulations committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership is guilty of an offence and liable to be proceeded against and punished accordingly.
Onus of proving what is reasonably practicable
9
In any proceedings for an offence under any of these Regulations consisting of a failure to comply with a duty or requirement to do something so far as is reasonably practicable, it shall be for the defendant to prove that it was not reasonably practicable to do more than was in fact done to satisfy the duty or requirement.
Inspection and detention of a United Kingdom ship
10
A relevant inspector may inspect any United Kingdom ship and if he is satisfied that there has been a failure to comply in relation to that ship with the requirements of these Regulations may detain the ship until the health and safety of all persons aboard ship is secured, but shall not in the exercise of this power detain or delay the ship unreasonably.
Inspection and other measures in respect of ships registered outside the United Kingdom
11
1
A relevant inspector may inspect any ship which is not a United Kingdom ship when the ship is in United Kingdom waters, and if satisfied that the ship does not conform to the standards required of United Kingdom ships by these Regulations, may–
a
send a report to the government of the country in which the ship is registered, and a copy thereof to the Director General of the International Labour Office; and
b
where conditions on board are clearly hazardous to health and safety–
i
take such measures as are necessary to rectify those conditions, or
ii
detain the ship.
2
The measures specified in paragraph (1) may be taken only when the ship has called at a United Kingdom port in the normal course of business for operational reasons.
3
If either of the measures specified in paragraph (1)(b) are taken, the relevant inspector shall forthwith notify the nearest maritime, consular or diplomatic representative of the State whose flag the ship is entitled to fly.
4
The relevant inspector shall not in exercise of the power under this regulation detain or delay the ship unreasonably.
Enforcement of detention
12
Where a ship is liable to be detained under these Regulations, section 284(1) to (5) and (8) of the Act (which relates to the detention of the ship) shall apply as if for the words “this Act”, wherever they appear, there were substituted “the Merchant Shipping and Fishing Vessels (Manual Handling Operations) Regulations 1998”.
Compensation
13
Sections 96 and 97 of the Act (Arbitration and Compensation) shall apply in relation to a detention notice or order under these Regulations as they apply to a detention notice under section 95(3) of the Act, and in such application, “ relevant inspector” means a person making an inspection under these Regulations.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Glenda Jackson
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
10th November 1998


type: legislation

jurisdiction: UK

text:
1
1
These Rules may be cited as the Patents (Fees) Rules 1998 and shall come into force on 1st October 1998.
2
The Patents (Fees) Rules 1996 are hereby revoked.
2
These Rules shall be construed as one with the Patents Rules 1995 and, to the extent that they continue to apply in relation to existing patents and existing applications, with the Patents Rules 1968 .
3
The fees to be paid in respect of any matters arising under the Patents Act 1977 or arising under the Patents Act 1949 shall be those specified in Parts A and B of the Schedule to these Rules; and in any case where a form specified in Part A or Part B of the Schedule as the corresponding form in relation to any matter is required by the Patents Rules 1995 or, as the case may be, the Patents Rules 1968 to be used, that form shall be accompanied by the fee, if any, specified in respect of that matter or, where payment may be made within a prescribed period of time after the form has been filed, the fee so specified shall be paid within that period.
Ian McCartney
Minister of State,
Department of Trade and Industry
9th July 1998
We consent to the making of these Rules.
Graham Allen
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
16th July 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Rhondda Health Care National Health Service Trust (Transfer of Trust Property) Order 1998 and shall come into force on 31st March 1998.
2
In this Order —
“the Authority” means Bro Taf Health Authority;
“the Trust” means Rhondda Health Care National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 24th June 1997, which schedule has been signed on behalf of the Authority and the Trust.
Transfer of trust property
2
On 31st March 1998 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
6th March 1998


text:
1
These Regulations may be cited as the Police (Amendment) Regulations 1998 and shall come into force on 1st April 1998.
2
1
The Police Regulations 1995 shall be amended in accordance with paragraphs (2) and (3) below.
2
After regulation 5 there shall be inserted the following regulation:
Metropolitan police force: delegation of functions
5A
Subject to regulation 10(11), the Commissioner of Police of the Metropolis may delegate, to such extent and subject to such conditions as he may specify, any of his functions under these Regulations as chief officer to the Assistant Commissioners of Police of the Metropolis, or to one or more of them; and references in these Regulations to the chief officer shall be construed accordingly.
.
3
Regulations 14(5) and 15(5) are hereby revoked.
Alun Michael
Minister of State
Home Office
2nd March 1998


text:
1
This Order may be cited as the Public Telecommunication System Designation (AXS Telecom (UK) Limited) Order 1998 and shall come into force on 27th February 1998.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Barbara Roche,
Parliamentary Under Secretary of State for Small Firms, Trade and Industry,
Department of Trade and Industry
26th January 1998


text:
Citation and commencement
1
1
These Regulations may be cited as the Television Broadcasting Regulations 1998.
2
These Regulations shall come into force on 30th December 1998.
Amendments to the Broadcasting Act 1990 and the Broadcasting Act 1996
2
The Broadcasting Act 1990 and the Broadcasting Act 1996 are amended in accordance with the Schedule to these Regulations.
Modification of licence conditions
3
1
In any licence to provide a multiplex service (within the meaning of Part I of the Broadcasting Act 1996) granted before the commencement of these Regulations —
a
any condition that all digital programme services broadcast under that licence are provided by the holder of a licence under section 18 of the Broadcasting Act 1996 shall be taken to be a condition that all digital programme services broadcast under the licence are provided either by the holder of such a licence or by an EEA broadcaster, and
b
any condition that all digital additional services broadcast under that licence are provided by the holder of a licence under section 25 of the Broadcasting Act 1996 shall be taken to be a condition that all digital additional services broadcast under the licence are provided either by the holder of such a licence or by an EEA broadcaster.
2
In this regulation “EEA broadcaster” has the meaning given by section 12(3A) of the Broadcasting Act 1996.
Revocations
4
In the Schedule to the Satellite Television Service Regulations 1997 , paragraphs 1(2)(a), 3 and 14(3) are hereby revoked.
Chris Smith
Secretary of State for Culture, Media and Sport
18th December 1998


text:
Citation and commencement
1
This Order may be cited as the Financial Assistance for Environmental Purposes (No. 3) Order 1998 and shall come into force on 24th April 1998, except for article 3 which shall come into force on 23rd April 1998.
Variation of section 153(1) of the Environmental Protection Act 1990
2
In section 153(1) of the Environmental Protection Act 1990 (purposes for which financial assistance may be given) there shall be inserted after paragraph (gg) —
hh
Environmental Campaigns Limited.
Revocation
3
The Financial Assistance for Environmental Purposes (No. 2) Order 1998 is hereby revoked.
Signed by authority of the Secretary of State
Angela Eagle
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
7th April 1998


text:
1
This Order may be cited as the Protection from Harassment Act 1997 (Commencement No. 3) Order 1998.
2
Subsections (3) to (9) of section 3 of the Protection from Harassment Act 1997 shall come into force on 1st September 1998.
Irvine of Lairg, C.
Dated 30th July 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of North Kesteven (Parishes and Electoral Changes) Order 1998.
2
This Order shall come into force–
a
for the purposes of article 2 on 1st April 1999; and
b
for the purposes of all other articles on 6th May 1999;
except that for the purpose of all proceedings preliminary or relating to an election to be held on or after 6th May 1999 this Order shall come into force on 10th October 1998.
3
In this Order–
“the district” means the district of North Kesteven;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the District of North Kesteven (Parishes and Electoral Changes) Order 1998”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Transfers between parishes in North Kesteven
2
The area marked A on sheet 2 shall be transferred from the parish of Skellingthorpe to the parish of North Hykeham.
Wards of North Kesteven
3
1
The existing wards of the district shall be abolished.
2
The district shall be divided into thirty wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes, or parishes and parish wards, or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of 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.
Wards of the parish of North Hykeham
4
1
The existing wards of the parish of North Hykeham shall be abolished.
2
The parish shall be divided into five parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule and the number of councillors to be elected for each parish ward shall be four.
Wards of the parish of Heckington
5
1
The parish shall be divided into two parish wards which shall bear the names Heckington East and Heckington West and the wards shall comprise the areas designated on sheet 4 of the map by reference to the name of the ward and demarcated by orange lines.
2
The number of councillors to be elected for the Heckington East and Heckington West parish wards shall be one and ten respectively.
Wards of the parish of Sleaford
6
1
The existing wards of the parish of Sleaford shall be abolished.
2
The parish shall be divided into six parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule and the number of councillors to be elected for each parish ward shall be three.
Revocation
7
The District of North Kesteven (Electoral Arrangements) Order 1977 is hereby revoked.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
21st September 1998


text:
Citation and commencement
1
This Order may be cited as the Judicial Pensions (European Court of Human Rights) Order 1998 and shall come into force on 7th December 1998.
Interpretation
2
In this Order:
“ the Act ” means the Human Rights Act 1998.
“the 1981 Act ” means the Judicial Pensions Act 1981 .
“the 1993 Act ” means the Judicial Pensions and Retirement Act 1993 .
“administrators”, in relation to a pension scheme, means the persons entrusted with the administration of the scheme.
“ ECHR service” means the period of an ECHR judge’s appointment as an ECHR judge.
“ UK judicial office”, in relation to an ECHR judge, means the judicial office (as defined by section 18(1) of the Act) which the ECHR judge holds from time to time.
3
Nothing in this Order shall prevent the operation of any provisions of the 1981 Act or the 1993 Act whereby (whether by election or otherwise) a person becomes, or ceases to be, a member of one of the judicial pension schemes constituted under the 1981 Act, or becomes, or ceases to be, a person to whom Part I of the 1993 Act applies.
4
1
Subject to paragraph (3), articles 5 to 7 of this Order apply, for the purposes of the 1981 Act, to an ECHR judge who, immediately before his appointment as an ECHR judge, was or, but for an election under section 14A of the 1981 Act , would be, a member of one of the judicial pension schemes constituted under the 1981 Act.
2
Articles 5, 6 and 8 of this Order apply, for the purposes of the 1993 Act, to an ECHR judge who, immediately before his appointment as an ECHR judge, was or, but for an election under section 13 of the 1993 Act, would be, a person to whom Part I of the 1993 Act applies.
3
Where paragraph (1) applies to an ECHR judge and he becomes a person to whom Part I of the 1993 Act applies:
a
articles 5 to 7 of this Order apply to him, for the purposes of the 1981 Act, in respect of the period before the date on which he first becomes a person to whom Part I of the 1993 Act applies; and
b
articles 5, 6 and 8 of this Order apply to him, for the purposes of the 1993 Act, in respect of the period from the date on which he first becomes a person to whom Part I of the 1993 Act applies.
5
During the whole of his ECHR service, the ECHR judge’s salary, for the purposes of the 1981 Act and the 1993 Act, shall be treated as being the salary which would be payable to him if he had not been appointed as an ECHR judge and had continued to perform the duties of his UK judicial office.
6
Contributions prescribed for the purposes of sections 23 and 33A of the 1981 Act and sections 9 and 10 of the 1993 Act shall not be made by deduction from salary, but shall be collected in such manner as may be determined by the administrators.
Judicial Pensions Act 1981
7
The ECHR judge shall be treated during the whole of his ECHR service as serving in his UK judicial office and, subject to the operation of any of the provisions referred to in article 3 of this Order, the whole of his ECHR service shall count as relevant service.
Judicial Pensions and Retirement Act 1993
8
The ECHR judge shall, during the whole of his ECHR service, be treated as holding, and serving in, his UK judicial office, which shall be treated as a qualifying judicial office.
Irvine of Lairg, C.
Dated 12th November 1998
Donald C. Dewar
One of Her Majesty’s Principal Secretaries of State
Dated 10th November 1998


text:
1
This Order may be cited as the Income Tax (Indexation) Order 1998.
2
1
The amounts which, unless Parliament otherwise determines, will be treated by virtue of sections 1(4) , 257C(1) and 265(1A) of the Income and Corporation Taxes Act 1988 as specified for the year 1998–99 in sections 1(2) , 257, 257A and 265 of that Act are set out in paragraphs (2) to (5).
2
In section 1(2) of the said Act (the charge to income tax) —
a
in paragraph (aa) (lower rate limit) — £4,300;
b
in paragraph (b) (basic rate limit) — £27,100.
3
In section 257 of the said Act (personal allowance) —
a
in subsection (1) (personal allowance) — £4,195;
b
in subsection (2) (personal allowance — age 65 to 74) — £5,410;
c
in subsection (3) (personal allowance — age 75 and over) — £5,600;
d
in subsection (5) (income limit for age-related allowances) — £16,200.
4
In section 257A of the said Act (married couple’s allowance) —
a
in subsection (1) (married couple’s allowance) — £1,900;
b
in subsection (2) (married couple’s allowance — age 65 to 74) — £3,305;
c
in subsection (3) (married couple’s allowance — age 75 and over) £3,345;
d
in subsection (5) (income limit for age-related allowances) — £16,200.
5
In section 265(1) of the said Act (blind person’s allowance) — £1,330.
Graham Allen
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
17th March 1998


text:
1
1
This Order may be cited as the Visiting Forces (Income Tax and Capital Gains 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 323 of the Income and Corporation Taxes Act 1988 and section 11(1) of the Taxation of Chargeable Gains Act 1992 —
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:
Citation and commencement
1
This Order may be cited as the North Ayrshire (Electoral Arrangements) Order 1998 and shall come into force on 1st January 1999.
Interpretation
2
In the Schedule to this Order–
a
a reference to–
i
an electoral ward is a reference to that electoral ward as constituted in this Order; and
ii
a road, footpath, railway line, river, burn or canal shall, where the context so admits, be construed as a reference to the centre line of the feature concerned; and
b
the following abbreviations are used:–
“EW” for electoral ward;
“NG Ref” for National Grid Reference as published on Ordnance Survey Maps.
Electoral arrangements
3
The area of North Ayrshire Council shall be divided into 30 wards, having the names, contents and boundaries set forth in the Schedule to this Order.
Henry B McLeish
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
11th December 1998


text:
1
These Regulations may be cited as the Treasury Bills (Amendment) Regulations 1998 and shall come into force on 6th July 1998.
2
The Treasury Bills Regulations 1968 shall be amended as follows:
a
for regulation 3 there shall be substituted —
3
A Treasury bill —
a
if denominated in sterling, shall be in the form set out in Part 1 of Schedule 1 to these Regulations, if denominated in ECU , shall be in the form set out in Part 2 or Part 3 of Schedule 1 and, if denominated in euro, shall be in the form set out in Part 4 or Part 5 of Schedule 1;
b
shall have printed on it a facsimile of the signature of one of the Secretaries to the Treasury for the time being; and
c
shall have printed on it the serial number of the bill.
;
b
in regulation 4(1), the words “and the warrant shall be transmitted to the Comptroller and Auditor General for his counter-signature” shall be omitted;
c
in regulation 6(1B), for the words “in which the operations of the European Monetary Co-operation Fund are expressed pursuant to Council Regulation ( EEC ) No. 3180/78 , or any Council regulation amending or replacing the same,” there shall be substituted “of the European Communities,”;
d
in regulation 6(1C), for the words “in which the operations of the European Monetary Co-operation Fund are expressed” there shall be substituted “of the European Communities”;
e
in regulation 6(1D), for the words “in which the operations of the European Monetary Co-operation Fund were expressed pursuant to Council Regulation (EEC) No. 3180/78 , or any Council regulation amending or replacing the same,” there shall be substituted “of the European Communities,”;
f
for paragraphs (1E) to (1G) of regulation 6, there shall be substituted the following paragraphs —
1E
The principal sum payable in respect of a Treasury bill denominated in euro shall, subject to paragraphs (1F) and (1G) of this regulation, be paid in euro by credit or transfer to a euro account nominated by the payee or, if the Bank of England determines that it has not been furnished with sufficient particulars of such an account, or has not been furnished with such particulars in sufficient time, to enable the credit or transfer to be made on the date of payment of the bill, be paid in euro by banker’s draft at the head office of the Bank of England.
1F
If any principal sum in respect of a Treasury bill denominated in euro shall become payable before the day on which the euro is introduced as the currency of participating Member States at the beginning of the third stage of economic and monetary union as described in the EEC Treaty, as amended (“the introduction date”), then the principal sum shall, subject to paragraph (1G) of this regulation, be paid in ECU by credit or transfer to an ECU account nominated by the payee or, if the Bank of England determines that it has not been furnished with sufficient particulars of such an account, or has not been furnished with such particulars in sufficient time, to enable the credit or transfer to be made on the date of payment of the bill, be paid in ECU by banker’s draft at the head office of the Bank of England. The amount of any payment due under this paragraph shall be made at the rate of one ECU for one euro.
1G
If any principal sum in respect of a Treasury bill denominated in euro shall become payable before the introduction date and if the ECU shall have ceased to be the unit of account of the European Communities, then the principal sum shall be paid in sterling by credit or transfer to a sterling account nominated by the payee or, if the Bank of England determines that it has not been furnished with sufficient particulars of such an account, or has not been furnished with such particulars in sufficient time, to enable the credit or transfer to be made on the date of payment of the bill, be paid in sterling by banker’s draft at the head office of the Bank of England. The Bank of England shall, as soon as practicable after the ECU ceases to be the unit of account of the European Communities, give notice that principal sums due under this paragraph in respect of Treasury bills denominated in euro shall be paid in sterling. This notice shall be given in the London Gazette or by such other means as the Treasury shall direct.
1H
The amount of any payment due under paragraph (1G) shall be calculated by the Bank of England, at the rate of one ECU for one euro, by aggregating the sterling amount and the sterling equivalents of the currency amounts other than sterling which were the components of the ECU on the day on which the ECU was last used as the unit of account of the European Communities. In this regulation the sterling equivalent of any currency shall be determined by the Bank of England on the basis of the middle spot delivery quotations prevailing at 11.00 a.m. London time in the London foreign exchange market two days (being days on which the Bank of England is open for business) before the date of maturity of the bill concerned, as obtained by the Bank of England from one or more banks in London selected by it.
1J
If the official unit of any component currency of the ECU is altered by way of combination or subdivision then, for the purpose of paragraph (1H), the number of units of that currency which is used as a component of the ECU shall be divided or multiplied in the same proportion. If two or more component currencies of the ECU are consolidated into a single currency then, for the purpose of paragraph (1H), the amounts of those currencies which are used as components of the ECU shall be replaced by an amount in such single currency equal to the sum of the amounts of the consolidated component currencies expressed in such single currency. If any component currency of the ECU is divided into two or more currencies then, for the purpose of paragraph (1H), the amount of that component currency shall be replaced by amounts of such two or more currencies, each of which shall be equal to the amount of the former component currency divided by the number of currencies into which that currency was divided.
1K
If no direct quotations for the purpose of paragraph (1H) are available for a component currency of the ECU for the relevant day for any reason, the most recent direct quotations for that currency obtained by the Bank of England shall be used in computing the amount of the sterling equivalent of the ECU on the relevant day, provided, however, that such most recent quotations may be used only if they were prevailing not more than two days (being days on which the Bank of England is open for business) before such relevant day. Beyond such period of two days, the Bank of England shall determine the sterling equivalent of such component currency on the basis of rates derived from the middle spot delivery quotations for (i) such component currency and such other currency as the Bank of England may select and (ii) such other currency and sterling, in each case prevailing at 11.00 am London time on the relevant day, as obtained by the Bank of England. Within such period of two days, the Bank of England shall determine the sterling equivalent of such component currency on the basis of the method described above for periods beyond two days if the Bank of England judges that the equivalent so calculated is more representative than the sterling equivalent calculated on the basis of such most recent direct quotations.
1L
If any day on which a payment is due in respect of any Treasury bill denominated in ECU or euro is not a business day, the person entitled to payment shall not be so entitled until the next following business day, and in this regulation “business day” means a day on which banks in London and in the place where the account (if any) nominated by the payee is held are open for business and carrying out transactions in (as the case may be) ECU, euro, or any other currency in which payment is to be made in accordance with this regulation.
1M
If, but for this paragraph, the date mentioned in a Treasury bill denominated in ECU or euro for payment of the principal sum mentioned therein would be more than twelve months from the date of the bill, the said date for the payment of the principal sum shall be the last day on which the Bank of England is open for business in the period of twelve months from the date of the bill.
1N
All calculations and determinations made, the choice of any currency and the selection of any bank by the Bank of England under this regulation shall be at its sole discretion and shall in the absence of manifest error be conclusive for all purposes of this regulation and binding on the Treasury and the holders for the time being of the Treasury bills concerned.
;
h
for regulation 9A there shall be substituted —
9A
In these Regulations “ECU” means the European Currency Unit as defined in Council Regulation ( EC ) No. 3320/94 .
;
i
for Schedule 1 there shall be substituted —
SCHEDULE 1
Regulation 3
PART 1
FORM OF TREASURY BILL DENOMINATED IN STERLING
PART 2
FORM OF GLOBAL TREASURY BILL DENOMINATED IN ECU
PART 3
FORM OF DEFINITIVE TREASURY BILL DENOMINATED IN ECU
PART 4
FORM OF GLOBAL TREASURY BILL DENOMINATED IN EURO
PART 5
FORM OF DEFINITIVE TREASURY BILL DENOMINATED IN EURO
.
Jim Dowd
Graham Allen
Two of the Lords Commissioners of Her Majesty’s Treasury
11th June 1998


text:
Citation, commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment No. 2) Regulations 1998 and shall come into force on 30th April 1998.
Amendment of the Road Vehicles (Construction and Use) Regulations 1986
2
1
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended as follows.
2
In paragraphs (10) and (10B)(c) of regulation 61 (emissions) for “1st May 1998” in both places where those words occur there shall be substituted “1st July 1998”.
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
These Rules may be cited as the Non-Contentious Probate (Amendment) Rules 1998 and shall come into force on 14th September 1998.
2
In these Rules, unless the context otherwise requires, a rule referred to by number alone means the rule so numbered in the Non-Contentious Probate Rules 1987 and a reference to any form by number alone means the form so numbered in the First Schedule to those Rules.
Amendments to the Non-Contentious Probate Rules 1987
2
In the Arrangement of Rules —
a
the words “or probate practitioners” shall be added at the end of the title of rule 4; and
b
the words “62A. Exercise of a registrar’s jurisdiction by another registrar” shall be added after rule 62.
3
In paragraph (1) of rule 2 —
a
in the defintion of “personal applicant”, the words “or probate practitioner” shall be inserted after the word “solicitor”; and
b
the following definition shall be inserted after the definition of “personal applicant” —
“probate practitioner” means a person to whom section 23(1) of the Solicitors Act 1974 does not apply by virtue of section 23(2) of that Act.
.
4
In rule 4 —
a
the words “or probate practitioners” shall be added at the end of the title; and
b
in paragraphs (1) and (2), the words “or probate practitioner” shall be inserted after both occurrences of the word “solicitor”.
5
The following words shall be inserted at the end of paragraph (3)(a) of rule 5 —
, unless a judge, district judge or registrar so permits
.
6
In rules 5(3)(b), 43(3)(a), 44(2), 44(3)(a) and 46(2) the words “or probate practitioner”shall be inserted after the word “solicitor”.
7
1
In paragraph (1A) of rule 27, the words “appointed by reference to their being” and “and not by their names,” shall be omitted.
2
For paragraph (7) of rule 27, there shall be substituted the following —
7
The issue of a summons under this rule in a registry shall be noted forthwith in the index of pending grant applications.
.
8
1
After paragraph (1)(a) of rule 32, the following new sub-paragraph shall be inserted —
aa
a person who has, or is deemed to have, parental responsibility for the minor by virtue of section 12(2) of the Children Act 1989 where the court has made a residence order under section 8 of that Act in respect of the minor in favour of that person; or
.
2
At the end of paragraph (1)(b) of rule 32, the word “or” shall be inserted.
3
After paragraph (1)(b) of rule 32, the following new sub-paragraph shall be inserted —
c
a local authority which has, or is deemed to have, parental responsibility for the minor by virtue of section 33(3) of the Children Act 1989 where the court has made a care order under section 31(1)(a) of that Act in respect of the minor and that local authority is designated in that order;
.
9
1
In paragraph (4) of rule 35, for the words “two or more other persons”, there shall be substituted the words “other person”.
2
The following words shall be inserted at the beginning of paragraph (5) of rule 35 —
Unless the applicant is the person authorised in paragraph (2)(a) above,
.
10
After paragraph (2) of rule 37, there shall be inserted the following new paragraph —
2A
Renunciation of probate or administration by members of a partnership —
a
may be effected, or
b
subject to paragraph (3) below, may be retracted by any two of them with the authority of the others and any such renunciation or retraction shall recite such authority.
.
11
1
For paragraph (4) of rule 44, there shall be substituted the following —
4
An index of caveats entered in any registry or sub-registry shall be maintained and upon receipt of an application for a grant, the registry or sub-registry at which the application is made shall cause a search of the index to be made and the appropriate district judge or registrar shall be notified of the entry of a caveat against the sealing of a grant for which the application has been made.
.
2
In paragraphs (5), (9), (10) and (12) of rule 44, for the words “registry in which the caveat index is maintained”, there shall be substituted the words “nominated registry”.
3
After paragraph (14) of rule 44, there shall be added the following new paragraph —
15
In this rule, “nominated registry” means the registry nominated for the purpose of this rule by the senior district judge or in the absence of any such nomination the Leeds District Probate Registry.
.
12
In paragraph (3) of rule 55, after the word “prejudiced”, there shall be inserted the words“, or such other person who might be prejudiced,”.
13
For rule 57, there shall be substituted the following new rule —
Index of grant applications
57
1
The senior district judge shall maintain an index of every pending application for a grant made in any registry or sub-registry.
2
Every registry or sub-registry in which an application is made shall cause the index to be searched and shall record the result of the search.
.
14
The following new rule shall be inserted after rule 62 —
Exercise of a registrar’s jurisdiction by another registrar
62A
A registrar may hear and dispose of an application under these Rules on behalf of any other registrar by whom the application would otherwise have been heard, if that other registrar so requests or an application in that behalf is made by a party making an application under these Rules; and where the circumstances require it, the registrar shall, without the need for any such request or application, hear and dispose of the application.
.
15
In paragraph (1) of rule 66, for the second occurrence of the words “judge or district judge”, there shall be substituted “judge, district judge or registrar”.
16
In Form 3 —
a
the words “or probate practitioner” shall be inserted after the first occurrence of the word“solicitor”; and
b
the words “/probate practitioner” shall be inserted after the second occurrence of the word“solicitor”.
17
In Form 4 —
a
the words “or probate practitioner” shall be inserted after both occurrences of the word“solicitor”;
b
for the words “[ The Registry in which the caveat index is maintained ]”, there shall be substituted the words “[ The nominated registry as defined by rule 44(15) ]”; and
c
for the words “[ name and address of the registry in which the caveat index is maintained ]”, there shall be substituted the words “[ name and address of the nominated registry ]”.
18
In Form 5, the words “/probate practitioner” shall be inserted after the word “Solicitor”.
Stephen Brown, P.
Dated 29th July 1998
I concur,
Irvine of Lairg, C.
Dated 30th July 1998


text:
Citation and commencement
1
This Order may be cited as the Northwick Park and St. Mark’s National Health Service Trust (Establishment) Amendment Order 1998 and shall come into force on 1st April 1998.
Amendment of Establishment Order
2
For Article 3 of the Northwick Park Hospital National Health Service Trust (Establishment) Order 1992 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 Northwick Park Hospital (Acute Unit), Watford Road, Harrow, Middlesex HA1 3UJ and associated hospitals, and there to provide hospital accommodation and services; and
b
to provide and manage pursuant to section 5(1)(b) of the Act a vascular and breast surgery centre at St. Mark’s Hospital, Watford Road, Harrow, Middlesex HA1 3UJ 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
16th March 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Validation of Rule Alterations) Regulations 1998 and shall come into force on 26th August 1998.
2
In these Regulations —
“Board” means the Occupational Pensions Board constituted in accordance with section 2 of the Pension Schemes Act 1993 and dissolved by section 150(1) of the Pensions Act 1995 ; and
“contracted-out scheme” includes a scheme which has ceased to be contracted-out so long as any person is entitled to receive, or has accrued rights to, any benefits under the scheme attributable to a period when the scheme was contracted-out.
Validation of rule alterations made before 6th April 1997
2
1
This regulation applies to any alteration —
a
made to the rules of a contracted-out scheme before 6th April 1997; and
b
which was void immediately before that date by virtue of section 37(3) of the Pension Schemes Act 1993 as then in force.
2
Where the trustees or managers of a contracted-out scheme apply to the Secretary of State in accordance with paragraph (3) below for the validation of an alteration to which this regulation applies, the Secretary of State may, if satisfied that the Board had not refused before 6th April 1997 to consent to the alteration, validate the alteration with effect from the date when it was made.
3
Any application for the purposes of this regulation shall be made by the trustees or managers to the Secretary of State in writing, and shall include a copy of the instrument by which the alteration was made, bearing the date on which the alteration was made.
Signed by authority of the Secretary of State for Social Security.
John Y. Denham
Parliamentary Under-Secretary of State,
Department of Social Security
28th July 1998


text:
1
This Order may be cited as the Visiting Forces and Allied Headquarters (Inheritance Tax) (Designation) Order 1998 and shall come into force on 24th June 1998.
2
Each of the countries specified in the First Schedule to this Order and each of the allied headquarters specified in the Second Schedule to this Order is hereby designated for the purposes of section 155 of the Inheritance Tax Act 1984.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the North 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 North Lanarkshire Council shall be divided into 70 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:
Commencement and citation
1
This Order may be cited as the A205 Trunk Road (Lewisham) Red Route (Bus Lanes) Traffic Order 1998, and shall come into force on 3rd April 1998.
Interpretation
2
In this Order —
a
a reference to an article followed by a number is a reference to the article of this order so numbered;
b
causing includes permitting;
c
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
d
“vehicle” includes part of a vehicle;
e
“bus”, “local bus”, “pedal cycle”, “taxi”, “bus lane”, “contra-flow” and “with-flow lane” have the meanings given in the Traffic Signs Regulations and General Directions 1994 ;
f
“dial-a-ride bus” means a vehicle —
i
displaying so as to be conspicuous on the outside of the vehicle a logo in a form approved by or with the authority of the Traffic Director for London and containing the words “dial-a-ride”; and
ii
constructed or adapted for the carriage of disabled persons and their companions and which is being used to provide a service for the carriage of such persons;
g
“times of operation” means, in relation to a length of road specified in an item in column (2) of the table in the schedule, the times specified in that item in column (3) of that table;
h
“permitted vehicles” means, in relation to a length of road specified in an item in column (2) of the table in the schedule, the vehicles specified in that item in column (5) of that table;
i
an entry in column (3), (4) or (5) of an item in the table in the schedule to this order applies to that column in subsequent items in that schedule.
Bus Lane Controls
3
1
No person shall cause a vehicle to be in a bus lane in a length of road specified in an item in column (2) of the table in the schedule during the times specified in that item in column (3) of that item unless that vehicle is proceeding in the direction specified in column (4) of that item and is of a type specified in column (5) of that item.
2
The controls specified in paragraph (1) of this article do not apply so as to prevent a vehicle stopping in a bus lane for as long as may be necessary —
a
to enable a person to get on or off the vehicle; or
b
to enable goods to be loaded on or unloaded from the vehicle;
if and in so far as the activity is not prohibited by the provisions of any other order.
Exemptions
4
1
The controls specified in article 3(1) do not apply in respect of a vehicle which is being used for a purpose which is within the exemption to a restriction or prohibition imposed by any other order made under the Road Traffic Regulation Act 1984 or which is permitted by any other order.
2
The controls specified in article 3(1) do not apply in respect of a vehicle stopping in a bus lane if the vehicle is being used in —
a
the service of a local authority for the purpose of collecting refuse;
b
the pursuance of any statutory duty of the Post Office for the purpose of collecting or delivering letters provided the vehicle bears the Royal Mail livery;
c
connection with the removal of any obstruction to traffic;
d
connection with the maintenance, improvement or reconstruction of any road;
e
connection with the maintenance, improvement or construction of any street furniture including bus stop infrastructure;
f
connection with any building operation or demolition;
g
connection with the laying, erection, alteration or repair in or near the bus lane of any sewer or of any main, pipe or apparatus for the supply of gas, water or electricity, or of any telecommunications apparatus as defined in paragraph 1(1) of Schedule 2 of the Telecommunications Act 1984 ;
if the vehicle cannot be used for that purpose without being in the bus lane and in so far as the activity is not prohibited by the provisions of any other order made under the Road Traffic Regulation Act 1984.
3
The controls specified in article 3(1) do not apply in respect of —
a
a vehicle entering or stopping in a bus lane so as to avoid an accident;
b
a vehicle entering or stopping in a bus lane to allow a person to get or give help in consequence of an accident or emergency or otherwise take action for public safety;
c
a vehicle crossing a bus lane in order to get to or from any road adjacent to the bus lane or any vehicular access to premises adjacent to the bus lane;
d
a vehicle being in a bus lane to such an extent and for such a time as is needed to comply with any requirement resulting from works or an emergency in any part of the road adjoining the bus lane;
e
a vehicle being used for ambulance, fire brigade or police purposes;
f
a vehicle stopping in a bus lane if it has lawfully entered the bus lane and it has to stop —
i
by law;
ii
to avoid an accident;
iii
in circumstances beyond the drivers control;
g
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
5
The A205 Trunk Road (Lewisham) Red Route (Bus Lanes) Experimental Traffic Order 1997 is hereby revoked in so far as its provisions relate to any length of road specified in the table in the schedule.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
20th March 1998


text:
Title, commencement and application
1
1
These Regulations may be cited as the Cattle Database Regulations 1998 and shall come into force on 28th September 1998.
2
These Regulations shall apply in relation to all cattle born on or after 28th September 1998.
3
In the case of cattle born before 28th September 1998 for which the appropriate Minister issues a cattle passport on or after that date containing movement cards, the duty under these Regulations to notify the movement and death of cattle shall apply in relation to those cattle as it applies to cattle born on or after that date.
4
These Regulations shall apply to Great Britain.
Interpretation
2
In these Regulations —
“appropriate Minister” means, in relation to England, the Minister of Agriculture, Fisheries and Food, and in relation to Scotland or to Wales, the Secretary of State;
“calf passport” means a document in such form as may be approved by the appropriate Minister in accordance with Article 6.2 of Commission Regulation ( EC ) No. 2629/97 (laying down detailed rules for the implementation of Council Regulation (EC) No. 820/97 as regards eartags, holding registers and passports in the framework of the system for the identification and registration of bovine animals ) for the purposes of moving calves under 28 days old;
“cattle” means bovine animals including the species bison bison and bubalus bubalis;
“cattle passport” means a document containing the information set out in Article 6.1 of Commission Regulation (EC) No. 2629/97 issued by the appropriate Minister and includes a calf passport;
“the commission Regulation” means Commission Regulation (EC) No. 2629/97 (laying down detailed rules for the implementation of Council Regulation (EC) No. 820/97 as regards eartags, holding registers and passports in the framework of the systems for the identification of bovine animals )
“the Council Regulation” means Council Regulation (EC) No. 820/97 (establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products );
“holding” means any establishment, construction or, in the case of an open-air farm, any place in Great Britain in which cattle are held, kept or handled;
“inspector” means a person appointed to be an inspector for the purposes of these Regulations by the appropriate Minister or a local authority;
“keeper” means any person responsible for animals, whether on a permanent or on a temporary basis, including during transportation or at a market but does not include any person who is only a keeper because he is transporting the animals;
“local authority” means —
in any part of England where there is, within the meaning of the Local Government Changes for England Regulations 1994 , a unitary authority for that local government area, that authority;
in any part of England where there is not a unitary authority —
in a metropolitan district, the council of that district;
in a non-metropolitan county, the council of that county;
in each London borough (except in relation to imported animals) the council of that borough; or
in the City of London, and for all London boroughs in relation to imported animals, the Common Council;
in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ;
in Wales, a county or county borough;
“movement card” means a card for reporting cattle movements under these Regulations issued with the cattle passport.
Competent authority
3
The appropriate Minister shall be the competent authority to whom reports shall be made in accordance with the second indent of Article 7.1 of the Council Regulation.
Address for notification
4
1
All notifications to the appropriate Minister under these Regulations sent by post using a movement card shall be sent to the address printed on that movement card.
2
Any other notification (other than notification of death when the notification is by means of giving the cattle passport to an official veterinary surgeon at a slaughterhouse in accordance with regulation 27 of the Cattle Identification Regulations 1998 ) shall be sent to —
The British Cattle Movement Service
Curwen Road
Workington
Cumbria
Offences
5
1
Any person who fails to comply with the requirement to notify the birth, movement or death of any cattle in accordance with the second indent of Article 7.1 of the Council Regulation in the way provided for in these Regulations or within the time limits specified in these Regulations shall be guilty of an offence.
2
Any person who knowingly or recklessly provides false information in any notification made under these Regulations shall be guilty of an offence.
Notification of birth
6
The notification of birth in accordance with the second indent of Article 7.1 of the Council Regulation shall be by means of an application for a cattle passport under the Cattle Identification Regulations 1998 and, in accordance with Article 6.3 of the Commission Regulation shall be made —
for animals born before 1st January 2000, within 15 days from the date when the animal is tagged in accordance with those Regulations, and
for animals born on or after 1st January 2000, within 7 days from the date when the animal is tagged in accordance with those Regulations.
Notification of cattle movement
7
The notification of movement of cattle in accordance with the second indent of Article 7.1 of the Council Regulation shall be by the keeper —
affixing to one of the movement cards issued with the cattle passport a bar code label identifying the holding and provided for the purpose by the appropriate Minister (unless it is not practicable to do so, in which case the person notifying the movement shall write on the movement card the holding number, the address of the holding and the name of the keeper);
indicating on the movement card whether the movement is on or off a holding (or, in the case of a market operator, indicating on one of the movement cards that the animal has moved through the market);
entering the date of the movement on the movement card;
signing the movement card; and
detaching the movement card from the passport and posting it to the appropriate Minister within 15 days of the movement (or, for a movement on or after 1st January 2000, within 7 days of the movement).
Notification of death
8
1
The notification of death in accordance with the second indent of Article 7.1 of the Council Regulation and in accordance with Article 6.3 of the Commission Regulation shall be by the keeper surrendering the cattle passport in accordance with the provisions of regulation 26 or 27 of the Cattle Identification Regulations 1998.
2
If an animal in relation to which these Regulations apply does not have a cattle passport, notification of death shall be by the keeper notifying the British Cattle Movement Service in writing within 7 days of the death in accordance with regulation 4 above, and the notification shall include the eartag number of the animal, the date of death and the holding on which the animal died.
Electronic notification
9
1
The appropriate Minister may authorise any person to notify movement by electronic means rather than by post.
2
An authorisation under this regulation —
a
shall be in writing, may be made subject to conditions and may be amended, suspended or revoked by notice in writing at any time;
b
shall specify the format in which the data shall be transmitted and the method of transmission.
3
Notification by electronic means shall be made within the period specified for postal notification.
4
The appropriate Minister shall maintain a register of persons authorised under this regulation which shall be available to any person on request.
5
The appropriate Minister may make a reasonable charge for the provision of information from the register kept under this regulation.
Charging for information
10
The appropriate Minister may make a reasonable charge for providing information which is stored in the database required by Article 5 of the Council Regulation and which is provided in accordance with the second paragraph of Article 3 of that Regulation.
Powers of inspectors
11
1
An inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to enter any land or premises (other than domestic premises not being used in connection with these Regulations) for the purposes of ascertaining whether there is or has been any contravention of these Regulations; and in this regulation “premises” includes any place, installation, vehicle, ship, vessel, boat, craft, hovercraft or aircraft.
2
An inspector shall have powers to carry out all checks and examinations necessary for the enforcement of Title I of the Council Regulation, and in particular may —
a
collect, pen and inspect any cattle, and may require the keeper to arrange for the collection, penning and securing of cattle;
b
examine any records in whatever form, and take copies of those records;
c
remove and retain any documents and records relating to the matters covered in these Regulations;
d
have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with records, and may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require;
e
where records are kept by means of a computer, require the records to be produced in a form in which they may be taken away; and
f
take with him a representative of the European Commission acting for the purposes of Title I of the Council Regulation or any other person he considers necessary for the enforcement of these Regulations.
Powers to restrict movements
12
In accordance with the second paragraph of Article 21 of the Council Regulation, an officer of the appropriate Minister may serve a notice on a keeper of animals on a holding restricting the movement of cattle to or from the holding if he is satisfied that this is necessary for the proper enforcement of Article 7.1, second indent of that Regulation; and any person who fails to comply with that notice shall be guilty of an offence.
Obstruction
13
1
No person shall —
a
intentionally obstruct any person acting in the execution of these Regulations;
b
without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the purposes of his functions under these Regulations, or fail to comply with any notice served on him under these Regulations; or
c
furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading;
and any person who contravenes or fails to comply with this regulation shall be guilty of an offence.
2
Nothing in paragraph (1)(b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Offences by bodies corporate
14
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate; or
b
any person who was purporting to act in any such capacity;
he, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1) above, “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
3
Where an offence under these Regulations is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
Penalties
15
1
A person guilty of an offence under regulation 13(1)(a) or (b) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
2
A person guilty of any other offence under these Regulations shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both;
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
Enforcement
16
These Regulations shall be enforced by the local authority or —
in England, by the Minister of Agriculture, Fisheries and Food;
in Wales, by the Secretary of State for Wales;
in Scotland, by the Secretary of State for Scotland.
Amendments to the Cattle Identification Regulations 1998
17
1
The Cattle Identification Regulations 1998 shall be amended in accordance with this regulation.
2
For regulation 13 there shall be substituted —
Application for a cattle passport
13
1
Subject to the provisions of regulation 15 below on calf passports, any keeper of cattle which were born in Great Britain shall apply for a cattle passport within the following period —
a
if the animal is born on or after 28th September 1998 but before 1st January 2000, 15 days from the date when the animal is tagged in accordance with these Regulations;
b
if the animal is born on or after 1st January 2000, 7 days from the date when the animal is tagged in accordance with these Regulations.
2
An application for a cattle passport shall be made in writing to the appropriate Minister on the form provided by him for that purpose.
3
Any keeper of cattle who fails to apply for a cattle passport in accordance with this regulation shall be guilty of an offence.
4
If a person applies for a cattle passport outside the time limits specified in these Regulations, the cattle passport shall not be granted unless in the opinion of the appropriate Minister it is reasonable to grant it taking into account all the circumstances of the case.
.
3
For regulation 18 there shall be substituted —
Completion of cattle passports when cattle are moved
18
1
When cattle are moved off a holding, the keeper shall ensure that the cattle passport is marked with the date of movement and is signed in the appropriate place by him.
2
When cattle are moved on to a holding, the keeper (or, in the case of a market, the operator of the market) shall ensure that the cattle passport is marked with —
a
the date of movement on to the holding,
b
the name and address of the keeper (or, in the case of a market, the operator of the market) and the holding number;
c
the signature of the keeper;
within 36 hours of the arrival of the animal on the holding and in any event before it is moved off the holding.
3
In the case of a passport issued on or after 28th September 1998 and containing movement cards, the keeper marking the passport shall provide the information required at sub-paragraph (2)(b) above by affixing in the space provided the bar code label identifying the holding and provided for the purpose by the appropriate Minister (unless it is not practicable to do so, in which case he shall write the name of the keeper, the holding number and the address of the holding in the space provided);
4
Any person who fails to complete a cattle passport in accordance with this regulation shall be guilty of an offence.
.
4
For regulations 26 and 27 there shall be substituted —
Animal deaths or lost or stolen animals
26
1
If an animal with a cattle passport dies or is killed (other than for human consumption) —
a
if the passport is one which was issued on or after 28th September 1998 and contains movement cards, the keeper shall complete the passport in accordance with regulation 27(1) below;
b
the keeper shall send the cattle passport to the appropriate Minister within 7 days in accordance with Article 6.4 of the Council Regulation;
and any person who fails to do so shall be guilty of an offence.
2
If an animal with a cattle passport is lost or stolen, the keeper shall send the cattle passport to the appropriate Minister within 7 days of becoming aware of the fact, together with written details of what has occurred, and any person who fails to do so shall be guilty of an offence.
Return of the cattle passport from slaughterhouses etc.
27
1
Following slaughter, the operator of a licensed slaughterhouse shall immediately give the cattle passport for each animal slaughtered to the official veterinary surgeon or his representative, together with notification of the fact that the animal has been slaughtered; and, if the passport is one which was issued on or after 28th September 1998 and contains movement cards, the notification shall be by the operator —
a
affixing in the space provided for death details a bar code label identifying the holding on which the animal was slaughtered and provided for the purpose by the appropriate Minister (unless it is not practicable to do so, in which case he shall write the holding number and the address of the holding in the space);
b
entering the date of death; and
c
signing the passport in the appropriate place.
2
If an animal is slaughtered other than in a licensed slaughterhouse and the carcase is then sent to a licensed slaughterhouse to be dressed for human consumption —
a
the keeper shall complete the passport as described in the preceding paragraph (if the passport issued is one issued on or after 28th September 1998 and contains movement cards);
b
the keeper shall send the cattle passport with the carcase to the slaughterhouse;
c
the operator of the slaughterhouse shall not accept the carcase unless it is accompanied by the cattle passport; and
d
the operator shall give the cattle passport to the official veterinary surgeon or his representative together with notification that he has accepted the animal for dressing for human consumption.
3
Any person who fails to comply with any provision of this regulation shall be guilty of an offence.
.
5
After regulation 31 there shall be added —
Slaughter of unmarked animals
31A
The appropriate Minister shall be the veterinary authority and the competent authority for the purposes of Article 1.2 of Commission Regulation (EC) No. 494/98 (laying down detailed rules for the implementation of Council Regulation (EC) No. 820/97 as regards the application of minimum administrative sanctions in the framework of the system for the identification and registration of bovine animals ).
.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
18th July 1998
Sewel
Parliamentary Under Secretary of State, Scottish Office
20th July 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North West Wales 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 North West Wales 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 North West Wales National Health Service Trust or Ymddiriedolaeth Gwasanaeth Iechyd Gwladol Gogledd-orllewin Cymru.
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 —
a
Ysbyty Gwynedd, Bangor, LL57 2PW,
b
Bryn y Neuadd Hospital, Llanfairfechan, LL33 0HH,
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, coming into force and duration
1
1
This Order may be cited as the Gas Act 1986 (Exemption) Order 1998.
2
This Order and the exemption contained in it shall come into force on 13th August 1998 and the exemption, unless previously revoked in accordance with paragraph (3) below, shall continue in force until 1st March 2011.
3
The exemption contained in this Order shall only be revoked with effect from a date after the expiry of the period of four months beginning with the day on which the Order containing the revocation was laid before Parliament.
Interpretation
2
In this Order —
“the court” means —
in relation to England and Wales, the High Court; and
in relation to Scotland, the Court of Session;
“the company” means Interconnector ( UK ) Limited, whose registered number is 2989838;
“the Interconnector” means the Pipeline within the meaning of article 1(e) of the Agreement of 10th December 1997 between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Kingdom of Belgium relating to the transmission of natural gas through a pipeline between the United Kingdom of Great Britain and Northern Ireland and the Kingdom of Belgium .
Scope of exemption
3
1
Subject to paragraph (2) below, the company is hereby granted exemption from section 5(1)(a) of the Gas Act 1986 in respect of the conveyance of gas through the Interconnector to a pipe-line system operated by a public gas transporter.
2
The exemption provided for in paragraph (1) above (“the exemption”) is subject to the conditions set out in articles 4 and 5 below.
Conditions of exemption
4
1
Subject to paragraph (2) below, the company shall: —
a
comply with any direction given by the Director General of Gas Supply (“the Director”) to furnish him, in such manner and in such form as he may reasonably require, with such information relating to the conveyance of gas in pursuance of the exemption as he may reasonably require or as may be necessary for the purpose of enabling him to perform the functions assigned to him by or under the Gas Act 1986;
b
comply with any direction given by the Secretary of State or the Health and Safety Executive to furnish either or both of them, in such manner and in such form as the direction may reasonably require, with such information as the direction may reasonably require for the purpose of keeping the safe operation of the Interconnector under review; and
c
notify the Director and the Secretary of State as soon as reasonably practicable of any proposal of which it is aware which is likely to affect the amount of gas that it is capable of conveying in pursuance of the exemption.
2
Paragraph (1) above shall not require the company to produce any documents or give any information which it could not be compelled to produce or give in evidence in civil proceedings before the court.
5
1
Subject to paragraph (2) below, the company shall, except in so far as the Secretary of State consents to its not doing so, comply with any direction given by the Secretary of State, after she has consulted the company, the relevant transporter, the Director and the Health and Safety Executive, to supply to a relevant transporter such information as may be specified or described in the direction —
a
at such times, in such form and such manner; and
b
in respect of such periods, not being less than one hour,
as may be so specified or described.
2
The company shall not be in breach of paragraph (1) above if it is prevented from complying with such a direction by an incident beyond its control.
3
In this article, unless the context otherwise requires —
“information” means information —
relevant to the operation of a pipe-line system —
which is operated by such public gas transporter as may be specified in the direction given by the Secretary of State; and
to which gas is conveyed —
by the company in pursuance of the exemption; or
directly or indirectly, by a relevant transporter; and
relating to —
the calorific value or the total quantity of gas expected to be conveyed or which could be conveyed during the next following day by the company in pursuance of the exemption; or
any changes in such calorific value or total quantity as may be so specified;
“day” means the period beginning at 6 a.m. on one day and ending immediately before 6 a.m. on the next following day;
“relevant transporter” means a public gas transporter operating a pipe-line system to which the company conveys gas in pursuance of the exemption.
John Battle
Minister for Science, Energy and Industry,
Department of Trade and Industry
20th July 1998


text:
Title and commencement
1
These Rules may be cited as the Exchange of Securities (General) (Amendment) Rules 1998 and shall come into force on 21st October 1998.
Amendment of principal Rules
2
The Exchange of Securities (General) Rules 1979 shall be amended in accordance with the following provisions of these Rules.
Notices and forms etc to be issued by the Treasury or an agent of the Treasury
3
1
In rule 3–
a
in the definitions of “acceptance”, “new securities” and “old securities”, for the words “the Bank or the Director of Savings” there shall, wherever they occur, be substituted the words “the Treasury or an agent of the Treasury”; and
b
the definition of “appropriate authority” shall be omitted.
2
In rule 6(1)(a), for the words “the appropriate authority” there shall be substituted the words “the Treasury or an agent of the Treasury”.
Lodgment of acceptance forms with the Treasury
4
In rule 5–
a
for “ 5 Acceptances” there shall be substituted “ 5 — (1) Subject to paragraph (2) of this Rule, acceptances”; and
b
at the end there shall be inserted the following new paragraph–
2
An acceptance form may be lodged with the Treasury for onward transmission to the person to whom the acceptance is required to be lodged by paragraph (1) of this Rule, and where the terms of issue of the old security or, as the case may be, the notice offering exchange or inviting applications for exchange require an acceptance to be lodged by any particular time it shall be sufficient if the acceptance is lodged with the Treasury by that time.
.
Electronic acceptance by CGO Service members
5
In rule 6–
a
for the word “An” at the beginning of paragraph (1) there shall be substituted the words “Subject to paragraph (4) of this Rule, an”;
b
in paragraph (1)(c), the words from “except where” to “exempt transfer,” shall be omitted; and
c
after paragraph (1), there shall be inserted the following new paragraph–
1A
Where the acceptance relates to a holding entered in the registers of the Bank of England in the name of a CGO Service member and which at the time of such acceptance is transferable by means of an exempt transfer–
a
paragraph 1(c) of this Rule shall not apply, and
b
the acceptance may be made by such means of electronic communication, and subject to such conditions, as the Treasury may approve for that purpose.
.
Revocation of provisions relating to the National Debt Commissioners
6
1
In rule 3, the definition of “the Commissioners” shall be omitted.
2
Rule 4 shall be omitted.
Bob Ainsworth
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
8th October 1998


text:
Citation and commencement
1
This Order may be cited as the Financial Assistance for Environmental Purposes Order 1998 and shall come into force on 1st April 1998.
Variation of section 153(1) of the Environmental Protection Act 1990
2
In section 153(1) of the Environmental Protection Act 1990 (purposes for which financial assistance may be given) there shall be inserted after paragraph (ff)
gg
The Wales Wildlife and Countryside Link.
.
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
8th March 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the National Health Service Trusts (Originating Capital Debt) Order 1998 and shall come into force on 16th March 1998.
2
In this Order “the Schedule” means the Schedule to this Order.
Originating capital debt of NHS trusts
2
1
The originating capital debt of an NHS trust specified in column 1 of the Schedule shall be of the amount specified opposite it in column 2 of the Schedule.
2
Each originating capital debt specified in column 2 of the Schedule shall be divided between an initial loan of an amount specified opposite it in column 3 of the Schedule and public dividend capital of an amount specified opposite it in column 4 of the Schedule.
Frank Dobson
Secretary of State for Health
25th February 1998
We consent,
Jim Dowd
Graham Allen
Two of the Lords Commissioners of Her Majesty’s Treasury
25th February 1998


text:
PART I
GENERAL
Citation, commencement and extent
1
1
These Regulations may be cited as the National Health Service (Pilot Schemes: Miscellaneous Provisions and Consequential Amendments) Regulations 1998 and shall come into force on 1st April 1998.
2
This Part, Part II and regulations 6 and 7 extend to England and Wales and to Scotland.
3
Regulations 8 to 16 extend to England and Wales only.
Interpretation
2
In these Regulations —
“the 1977 Act ” means the National Health Service Act 1977 ;
“the 1978 Act ” means the National Health Service (Scotland) Act 1978 ; and
“the 1997 Act ” means the National Health Service (Primary Care) Act 1997 .
PART II
MISCELLANEOUS PROVISIONS
Prescribed function of Health Authorities and Health Boards
3
For the purposes of section 15(1ZA) of the 1977 Act and section 2 of the 1978 Act , it shall be a prescribed function of each Health Authority and Health Board which is a party to a pilot scheme under section 1(1) of the 1997 Act to establish and operate, in accordance with directions given by the Secretary of State under section 9(2) of the 1997 Act and section 17 of the 1977 Act or, as the case may be, section 10(2) of the 1997 Act and section 2 of the 1978 Act, procedures for dealing with complaints about the provision of personal medical services under such a pilot scheme.
Pilot patients for whom Health Authorities and Health Boards must make arrangements for the provision of general medical services
4
1
The categories of person mentioned in paragraph (2) are prescribed for the purpose of section 1(5)(a) of the 1997 Act as persons for whom an authority must make arrangements under section 29 of the 1977 Act or, as the case may be, section 19 of the 1978 Act (arrangements for the provision of general medical services).
2
The categories are persons who are, under a pilot scheme —
a
provided with personal medical services which are limited to contraceptive services, to maternity medical services or to both of them ; or
b
being provided with personal medical services as temporary residents at a time when their names are included in the list of patients held by a doctor who provides general medical services in the area of the authority which is a party to the pilot scheme.
3
In this regulation —
a
“contraceptive services” and “maternity medical services” have the meanings respectively assigned to them in the National Health Service (General Medical Services) Regulations 1992 and the National Health Service (General Medical Services) (Scotland) Regulations 1995 ; and
b
“temporary resident” has the meaning assigned to it in the National Health Service (Choice of Medical Practitioner) Regulations 1998 and the National Health Service (Choice of Medical Practitioner) (Scotland) Regulations 1998 .
Persons who may perform personal medical services
5
1
The categories of person mentioned in paragraph (2) are prescribed for the purpose of section 11(2)(c) of the 1997 Act (persons who are not otherwise mentioned in section 11 of that Act who may perform personal medical services).
2
The categories are —
a
a person who, whilst not falling within section 11(2)(a) of the 1997 Act (persons acting in the course of acquiring prescribed experience), is nonetheless acting in the course of acquiring the whole or any part of the general practice experience prescribed by regulation 6(3) of the National Health Service (Vocational Training for General Medical Practice) Regulations 1997 (“the Vocational Training Regulations”) or, as the case may be, regulation 6(3) of the National Health Service (Vocational Training for General Medical Practice) (Scotland) Regulations 1998 (“the Vocational Training (Scotland) Regulations”); and
b
a person who has been issued with a certificate of equivalent experience under regulation 12 of the Vocational Training Regulations or regulation 12 of the Vocational Training (Scotland) Regulations.
PART III
CONSEQUENTIAL AMENDMENTS
Amendment of the Social Security (Medical Evidence) Regulations 1976
6
In the Social Security (Medical Evidence) Regulations 1976 , in paragraph 3 of Schedule 1 (rules as to evidence of incapacity for work), after “National Health Service (Scotland) Act 1947,”, insert “or the list of a doctor, or a list held jointly by two or more doctors, performing personal medical services in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997,”.
Amendment of the Statutory Sick Pay (Medical Evidence) Regulations 1985
7
In the Statutory Sick Pay (Medical Evidence) Regulations 1985 , in paragraph 3 of the Schedule (rules as to statement of incapacity for work), after “National Health Service (Scotland) Act 1978,”, insert “or the list of a doctor, or a list held jointly by two or more doctors, performing personal medical services in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997,”.
Amendment of the National Health Service (General Ophthalmic Services) Regulations 1986
8
In the National Health Service (General Ophthalmic Services) Regulations 1986 , in paragraph 8C of Schedule 1 (complaints against ophthalmic medical practitioners) , after sub-paragraph (2) insert the following sub-paragraphs —
3
Where a contractor, being an ophthalmic medical practitioner, also performs personal medical services in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997 (“the 1997 Act”) for any person to whom he provides general ophthalmic services, the complaints procedure established and operated in accordance with directions under section 6(1) of the 1997 Act as to complaints procedures for pilot schemes shall apply in relation to any matter reasonably connected with his provision of general ophthalmic services to that person, as it applies as respects his performance of personal medical services under the pilot scheme.
4
Accordingly, any requirement imposed by virtue of such directions on a person providing personal medical services under such a pilot scheme as to co-operation with any investigation of a complaint by the Health Authority also applies in relation to complaints about such matters.
.
Amendment of the National Health Service (Charges for Drugs and Appliances) Regulations 1989
9
1
The National Health Service (Charges for Drugs and Appliances) Regulations 1989 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2(1) —
a
in the definition of “patient”, after “his terms of service”, insert “or in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997”; and
b
in the definition of “prescription form”, in paragraph (c) after “services”, insert —
or performing personal medical services in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997, or
d
a doctor performing personal medical services in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997,
.
3
In regulation 2(1A) in each of sub-paragraphs (a)(iii) and (b)(ii), after “medical list”, insert “or who is performing personal medical services in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997”.
4
In regulation 3(2)(c) after “terms of service”, insert “or in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997”.
5
In regulation 4(4) delete “, notwithstanding the provisions of his terms of service”.
6
In regulation 4(6) for “to the Committee on” to the end of the paragraph, substitute —
as the case may be —
to the Committee on whose medical list he is included, or
if he is included on more than one medical list, to the Committee which, under the provisions of the Statement published under regulation 24 of the Medical Services Regulations, pays him for the provision of general medical services on behalf of all Committees concerned, or
if the doctor is performing personal medical services in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997, to the health authority which is a party to that pilot scheme.
.
Amendment of the National Health Service Trusts (Membership and Procedure) Regulations 1990
10
1
The National Health Service Trusts (Membership and Procedure) Regulations 1990 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 1(2) (interpretation) —
a
in the definition of “general medical practitioner”, insert at the end “, or is performing personal medical services in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997”; and
b
in the definition of “health service body” for “or an NHS trust” substitute “, an NHS trust or a pilot scheme health service body as defined in section 16(6) of the National Health Service (Primary Care) Act 1997”.
3
In regulation 11(1)(f) (disqualification for appointment of chairman and non-executive directors), for “or general dental practitioner or an employee of either of those” substitute “, general dental practitioner or a person performing personal medical services in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997, or an employee of any of those”.
Amendment of the Children’s Homes Regulations 1991
11
In the Children’s Homes Regulations 1991 , in paragraph 18 of Schedule 2 (information to be included in confidential records), at the end, insert “, or, where the child is included in a list of patients held jointly by two or more doctors in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997, the address of the practice premises of those doctors”.
Amendment of the Children (Private Arrangements for Fostering) Regulations 1991
12
In the Children (Private Arrangements for Fostering) Regulations 1991 , in regulation 2(2)(f) (general welfare of children), at the end insert “, or the list of a doctor performing personal medical services in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997 (or a list held jointly by two or more such doctors in connection with a pilot scheme under that Act)”.
Amendment of the National Health Service Litigation Authority Regulations 1995
13
In the National Health Service Litigation Authority Regulations 1995 , in regulation 1(2) (interpretation) in the definition of “health service body”, for “or an NHS trust”substitute “, an NHS trust or a pilot scheme health service body as defined in section 16(6) of the National Health Service (Primary Care) Act 1997”.
Amendment of the Ashworth, Broadmoor and Rampton Hospitals (Functions and Membership) Regulations 1996
14
In the Ashworth, Broadmoor and Rampton Hospitals (Functions and Membership) Regulations 1996 , in regulation 1(2) (interpretation) in the definition of “health service body”, for “or a National Health Service trust” substitute “, an NHS trust or a pilot scheme health service body as defined in section 16(6) of the National Health Service (Primary Care) Act 1997”.
Amendment of the Health Authorities (Membership and Procedure) Regulations 1996
15
1
The Health Authorities (Membership and Procedure) Regulations 1996 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 1(2) (interpretation), in the definition of “health service body”, for “or an NHS trust” substitute “, an NHS trust or a pilot scheme health service body as defined in section 16(6) of the National Health Service (Primary Care) Act 1997”.
3
In regulation 10 (disqualification for appointment) —
a
in paragraph (1)(j), after “NHS trust”, insert “or pilot scheme health service body as defined in section 16(6) of the National Health Service (Primary Care) Act 1997”;
b
in paragraph (4), after “the 1977 Act” insert “or performing personal medical services in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997”; and
c
in paragraph (5), after “Part II services” insert “or performing personal medical services in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997”.
4
In regulation 16(6)(b) (disability of chairman and members in proceedings on account of pecuniary interest), after “Part II services” insert “or performing personal medical services in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997,”.
Amendment of the Health Health Service (Functions of Health Authorities and Administration Arrangements) Regulations 1996
16
1
The National Health Service (Functions of Health Authorities and Administration Arrangements) Regulations 1996 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2(1) (interpretation) after the definition of “the 1990 Act ” omit the word “and” and insert —
“the 1997 Act” means the National Health Service (Primary Care) Act 1997
; and.
3
In regulation 5 (arrangements by Health Authorities and Special Health Authorities for exercise of functions) —
a
in paragraph (1), after “the 1990 Act”, insert “, and any function to which paragraph (1A) applies,”, and
b
after paragraph (1), insert —
1A
This paragraph applies to —
a
any function exercisable by a Health Authority in relation to piloted services by virtue of the Act, as extended by section 9(2) of the 1997 Act; and
b
any function exercisable by a Health Authority by virtue of sections 4, 6 and 18 of, and Schedule 1 to, the 1997 Act which does not fall within sub-paragraph (a).
.
Frank Dobson
One of Her Majesty’s Principal Secretaries of State,
Department of Health
11th March 1998