text:
Commencement and citation
1
This Order may be cited as The A501 Trunk Road (Camden and Westminster) Red Route Traffic Order 1998, and shall come into force on 30th January 1998.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column 2 of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
h
“bus” has the meaning given by regulation 22(2) of the Traffic Signs Regulations and General Directions 1994 .
i
“bus stop” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stop”.
j
“bus stand” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stand”.
k
“London Regional Transport” has the meaning given by the London Regional Transport Act 1984 .
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Buses: The controls specified in article 3(1) do not apply in respect of a person causing a bus to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing:
a
a bus to stop at a bus stop for as long as may be required to enable passengers to board or alight; or
b
a bus to stop at a bus stop or a bus stand and being used for operational reasons in the course of providing a London bus service (as defined in section 34 of the Transport Act 1985 ) under an agreement with London Regional Transport or training drivers to allow such a service to be provided.
2
In this article “operational reasons” means:
i
to enable passengers to board and alight;
ii
to enable crew changes to take place;
iii
to maintain the scheduled timetable subject, in the case of a bus stop, to a maximum wait of two minutes.
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for so long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
10
1
The A501 Trunk Road (Camden and Westminster) Red Route Experimental Traffic Order 1996 is hereby revoked, in so far as its provisions relate to any part of the trunk road red route.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
19th January 1998


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) Order 1998 Partial Revocation (No.2) Order 1998 and shall come into force at 18.00 hours on 19th August 1998.
Revocation
2
The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) Order 1998 is revoked insofar as it designates any part of the area set out in the Schedule to this Order.
J R Wildgoose
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
19th August 1998


text:
1
This Order may be cited as the Education (London Residuary Body) (Property Transfer) (Modification) Order 1998 and shall come into force on 15th June 1998.
2
The condition imposed by article 4(4) of the Education (London Residuary Body) (Property Transfer) ( No. 4) Order 1991 (land not brought into use for the purposes of the transferee council’s functions as the local education authority by 1st January 1995 to be sold and proceeds of sale to be divided between the councils of the inner London boroughs and the Common Council of the City of London) shall cease to have effect in relation to the York Way Youth Club, York Way, N1.
Stephen Byers
Minister of State,
Department for Education and Employment
15th May 1998


text:
Citation and commencement
1
This Order may be cited as the Houses in Multiple Occupation (Fees for Registration Schemes) (Amendment) Order 1998 and shall come into force on 20th August 1998.
Amendment of the Houses in Multiple Occupation (Fees for Registration Schemes) Order 1997
2
1
The Houses in Multiple Occupation (Fees for Registration Schemes) Order 1997 is amended as follows.
2
After article 2, insert —
Cases where no fee is payable
2A
Where a person making an application for the first registration, or for the renewal of the registration, of a house has been required to pay a charge by the local housing authority in accordance with the Houses in Multiple Occupation (Charges for Registration Schemes) Regulations 1998 and has paid that charge, no fee shall be payable on registration of the house in consequence of that application.
.
3
For article 3, substitute —
Cases where a charge or fee has already been paid
3
Where —
a house in multiple occupation has been or is registered under a scheme and a new registration scheme is made which applies to that house, and
in the five year period prior to the date the new scheme comes into force, a charge has been paid to the local housing authority on the application for the first registration or for the renewal of it, or a fee has been paid to the local housing authority on its registration under a previous scheme in accordance with this Order,
the maximum fee payable shall be the actual fee that would be payable for first registration of that house, less the aggregate of the charges and fees so paid.
.
Signed by authority of the Secretary of State for the Environment Transport and the Regions
Hilary Armstrong
Minister of State,
Department of the Environment Transport and the Regions
22nd July 1998
Signed by authority of the Secretary of State for Wales
Winn Griffiths
Parliamentary Under Secretary of State, Welsh Office
23rd July 1998


text:
Citation and commencement
1
This Order may be cited as the Friendly Societies (Activities of a Subsidiary) (No. 2) Order 1998 and shall come into force on 1st December 1998.
Variation of Schedule 7
2
Schedule 7 to the Friendly Societies Act 1992 (which relates to the activities which may be carried on by a subsidiary of or a body jointly controlled by an incorporated friendly society) is amended by:
a
substituting “11 to 15” for “11 to 14” in paragraph 10;
b
inserting, after “1996” in paragraph 13, “or within regulation 3(2) of the Open-Ended Investment Companies (Investment Companies with Variable Capital) Regulations (Northern Ireland) 1997” ; and
c
inserting after paragraph 14 the following paragraph:
15
Arranging for the provision of banking services by a UK institution or a European institution, and providing services in pursuance of such arrangements; and in this paragraph “UK institution” and “European institution” have the same meaning as in the Banking Co-ordination (Second Council Directive) Regulations 1992 , and “banking services” means such services as are ordinarily provided in the course of or in connection with a business which is a deposit-taking business for the purposes of the Banking Act 1987 .
In witness whereof the common seal of the Friendly Societies Commission is hereto fixed, and is authenticated by me, a person authorised under paragraph 13 of Schedule 1 to the Friendly Societies Act 1992, on
Bosco D'Silva
26th October 1998.
We consent to this Order:
Jane Kennedy
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
6th November 1998


text:
Citation and commencement
1
This Order may be cited as The Leicestershire Mental Health Service and the Fosse Health, Leicestershire Community National Health Service Trusts (Dissolution) Order 1998 and shall come into force on 1st April 1999.
Dissolution of NHS trusts
2
1
The Leicestershire Mental Health Service National Health Service Trust established by the Leicestershire Mental Health Service National Health Service Trust (Establishment) Order 1993 shall be dissolved on 1st April 1999, and accordingly that Order revoked on that date.
2
The Fosse Health, Leicestershire Community National Health Service Trust established by the Fosse Health, Leicestershire Community National Health Service Trust (Establishment) Order 1994 shall be dissolved on 1st April 1999, and accordingly that Order revoked on that date.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,
Department of Health
8th December 1998


text:
Citation and commencement
1
This Order may be cited as the Leicester (South and West) Education Action Zone Order 1998 and shall come into force on 1st September 1998.
Interpretation
2
In this order–
“partners” means those persons listed in Schedule 1 to this Order; and
“zone school” means a school listed in Schedule 2 of this Order.
Constitution of education action zone
3
The schools listed in Schedule 2 to this Order shall constitute collectively an education action zone under the name of the Leicester (South and West) Education Action Zone (“the zone”) for the purposes of Chapter III of Part I of the School Standards and Framework Act 1998.
4
There shall be an Education Action Forum for the zone, the membership of which shall include–
a
one person appointed by the governing body of each school listed in the Schedule, unless any such governing body chooses not to make such an appointment;
b
either one or two persons appointed by the Secretary of State; and
c
one person appointed by each partner unless any partner chooses not to make such an appointment.
5
The Forum may at any time appoint–
a
not more than 3 additional members who appear to them to represent the interests of businesses in the area served by the zone schools;
b
not more than 4 additional members who appear to them to represent the interests of parents of pupils of compulsory school age at the zone schools;
c
either one or two additional members who appear to them to represent the voluntary sector in the area served by the zone schools;
d
not more than 4 additional members who appear to them to represent the interests of teachers at zone schools;
e
not more than 4 additional members who appear to them to represent the interests of head teachers at zone schools;
f
either one or two additional members who appear to them to represent the interests of pupils of compulsory school age at zone schools;
g
not more than 3 additional members who appear to them to represent the interest of local public service agencies in the area served by the zone schools; and
h
not more than 4 members of Leicester City Council who have been elected as members for wards which appear to the Forum to be within the area served by the zone schools.
Disqualification from membership of the Forum
6
Articles 7 to 9 shall have effect for the purpose of prescribing the circumstances and cases in which a person is to be disqualified for holding, or continuing to hold, office as a member of the Forum.
Disqualification from membership of Forum — bankruptcy etc.
7
1
Subject to the provisions of this regulation, a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if he has been adjudged bankrupt or has made a composition or arrangement with his creditors; and a member, on becoming so disqualified, shall give written notice of the fact to the secretary to the Forum.
2
Where a person is disqualified by reason of his having been adjudged bankrupt, that disqualification shall cease–
a
unless the bankruptcy order made against that person is previously annulled, on his discharge from bankruptcy; and
b
if the bankruptcy order is so annulled, on the date of the annulment.
3
Where a person is disqualified by reason of his having made a composition or arrangement with his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed and in any other case it shall cease on the expiration of three years from the date on which the terms of the deed of composition or arrangement are fulfilled.
Disqualification from membership of Forum — criminal convictions
8
1
Subject to paragraph (2) a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if–
a
within five years before his appointment would otherwise have taken effect or since his appointment, he has been convicted, whether in the United Kingdom or elsewhere, of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;
b
within twenty years before his appointment would otherwise have taken effect, he has been convicted as aforesaid and has had passed on him a sentence of imprisonment for a period of more than two and a half years; or
c
he has at any time been convicted as aforesaid and has had passed on him a sentence of imprisonment of not less than five years.
2
For the purposes of this regulation there shall be disregarded any conviction by or before a court outside the United Kingdom of an offence in respect of conduct which, if it had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom.
Disqualification — absence from meetings
9
Any member of the Forum who, without the consent of the Forum has failed to attend the meetings thereof for a continuous period of six months beginning with the date of a meeting shall, on the expiry of that period, be disqualified for continuing to be a member of the Forum without prejudice however, to his re-appointment.
Chairman’s tenure of office
10
The chairman of the Forum elected in accordance with paragraph 2 of Schedule 1 to the Act, shall hold office for one year from the date of his election (unless he resigns his office earlier), without prejudice to his eligibility to be re-elected for a further such period.


text:
Citation and commencement
1
These Regulations may be cited as the Local Education Authority (Behaviour Support Plans) Regulations 1998, and shall come into force on 1st April 1998.
Interpretation
2
In these Regulations —
“appropriate diocesan authority” means —
in relation to a local education authority in England —
the Diocesan Board of Education for every diocese of the Church of England, and
the bishop of every diocese of the Roman Catholic Church,
any part of the area of which (in each case) lies within the authority’s area; and
in relation to a local education authority in Wales —
the Diocesan Board of Finance or other person designated by the Secretary of State under section 311(1) of the Education Act 1996 (as the case may be) for every diocese of the Church of Wales, and
the bishop of every diocese of the Roman Catholic Church,
any part of the area of which (in each case) lies within the authority’s area;
“authority” means a local education authority;
“careers service organisation” means a person (other than a local authority) who provides services in pursuance of arrangements made under section 10(1) of the Employment and Training Act 1973 ;
“Chief Inspector” —
in relation to an authority in England, means Her Majesty’s Chief Inspector of Schools in England, and
in relation to an authority in Wales, means Her Majesty’s Chief Inspector of Schools in Wales;
“Chief Officer of Police” —
in relation to a London Borough, means the Commissioner of Police of the Metropolis,
in relation to the Common Council for the City of London, means the Commissioner of Police for the City of London, and
in relation to every other local education authority, means every Chief Constable any part of whose police area lies within the area of the authority;
“plan”, in relation to an authority, means the statement which the authority are required to prepare by virtue of section 527A(1); and, except in regulation 5(1) to (3), any reference to a plan includes a revised plan;
“relevant school” has the meaning specified in section 527A(7);
“section 527A” means section 527A of the Education Act 1996; and
“Training and Enterprise Council” means a company limited by guarantee formed for the purpose of entering into, and with whom the Secretary of State has entered into, arrangements under section 2 of the Employment and Training Act 1973 for the purpose of assisting persons to select, train for, obtain or retain employment.
Consultation
3
1
This regulation prescribes the consultation which an authority are required to carry out for the purposes of section 527A(4).
2
In the course of preparing a plan, the authority shall, in the manner specified in paragraph (3), consult —
a
the head teacher and the governing body of every relevant school other than a pupil referral unit;
b
in relation to every pupil referral unit maintained by the authority —
i
the teacher in charge, and
ii
where Regulations under paragraph 15 of Schedule 1 to the Education Act 1996 require the authority to establish a management committee for that unit, that committee;
c
such trade unions and other persons as appear to the authority to be representative of teachers employed in relevant schools;
d
such trade unions and other persons as appear to the authority to be representative of persons other than teachers employed in relevant schools;
e
such persons as appear to the authority to be representative of parents of pupils attending relevant schools;
f
the principal of every institution within the further education sector situated in the authority’s area;
g
the director of social services, that is to say the officer appointed by the authority under section 6(1) of the Local Authority Social Services Act 1970 for the purposes of their social services functions;
h
every appropriate diocesan authority;
i
every Health Authority (within the meaning of section 8 of the National Health Service Act 1977 ) any part of whose area lies within the authority’s area;
j
every probation committee constituted under the Probation Service Act 1993 any part of whose probation area lies within the authority’s area;
k
the Chief Officer of Police;
l
every careers service organisation which provides services to persons who reside in the authority’s area;
m
every Training and Enterprise Council which provides assistance to persons who reside within the authority’s area;
n
the clerk to the justices for each petty sessions area (within the meaning of the Justices of the Peace Act 1997 ) any part of which lies within the authority’s area; and
o
such persons as appear to the authority to be representative of voluntary organisations working with disaffected children and young persons in the authority’s area.
3
The authority shall carry out the consultation referred to in paragraph (2) by sending to every consultee —
a
a draft of the plan, and
b
a letter which complies with the requirements specified in paragraph (4).
4
The letter referred to in paragraph (4) must —
a
invite the consultee to comment on the plan;
b
specify that any such comments are to be provided to the authority by a particular date, which must not be sooner than six weeks following the date on which the draft plan is sent to that consultee; and
c
specify how a consultee may provide such comments and, where they are to be provided in writing, the address to which they are to be sent.
5
Where there is more than one clerk to the justices for any such petty sessions area as is mentioned in paragraph (2)(n), the provisions of section 141(2) of the Magistrates Court Act 1980 (and, in relation to justices' clerks for the inner London area, section 141(3)) shall apply for the purposes of that sub-paragraph as they apply for the purposes of that Act.
6
In paragraphs (3) and (4) “consultee” means a person required to be consulted under paragraph (2).
Publication of plans
4
1
This regulation prescribes for the purposes of section 527A(5) —
a
the manner in which an authority are required to publish the plan, and
b
the persons to whom an authority are required to provide copies of the plan.
2
The authority shall, at such times as may be reasonable, make copies of the plan available for inspection by members of the public —
a
at public libraries in the authority’s area, and
b
at such other places as may be reasonable.
3
The authority shall provide copies of the plan to —
a
the Secretary of State;
b
the Chief Inspector; and
c
every person whom the authority are required to consult by virtue of regulation 3(2).
4
In addition, the authority shall provide a copy of the plan to any person who asks for one.
Date for publication of plans
5
1
This regulation prescribes, for the purposes of section 527A(5), the date by which an authority are required to publish the plan, or any revision of it.
2
The authority shall publish the plan on or before 31st December 1998.
3
The authority shall subsequently publish a revised plan —
a
in 2001, in the period beginning on 1st January and ending on 1st April, and
b
in the same period in every third year thereafter.
4
In this regulation “publish” means —
a
making the plan available for inspection in accordance with regulation 4(2), and
b
providing copies of the plan to every person specified in regulation 4(3) and (4).
Estelle Morris
Parliamentary Under Secretary of State,
Department for Education and Employment
3rd March 1998
Peter Hain
Parliamentary Under-Secretary of State, Welsh Office
9th March 1998


text:
1
These Regulations may be cited as the Education (Proportion of Selective Admissions) Regulations 1998 and shall come into force on 1st October 1998.
2
1
This regulation has effect for calculating “the proportion of selective admissions”, within the meaning of section 100(3) or (as the case may be) 102(4) of the School Standards and Framework Act 1998, in relation to the admission of pupils in any relevant age group to a maintained school in any school year.
2
For the purposes of that calculation, the total number of pupils in any such age group admitted to the school in a school year shall be taken to equal the number of pupils in that age group which it is or was intended to admit to the school in that school year.
Charles Clarke
Parliamentary Under Secretary of State,
Department for Education and Employment
10th September 1998


text:
Citation and commencement
1
1
These Regulations may be cited as the Local Government Changes for England (Council Tax) (Transitional Reduction) Regulations 1998.
2
These Regulations shall come into force for the purposes of regulation 4 on 27th February 1998 and for all other purposes on 28th February 1998.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Local Government Act 1992;
“the 1992 Act ” means the Local Government Finance Act 1992;
“the 1996 Regulations ” means the Local Government Changes for England (Council Tax) (Transitional Reduction) Regulations 1996 ;
“the 1997 Regulations ” means the Local Government Changes for England (Council Tax) (Transitional Reduction) Regulations 1997 ;
“the Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“council tax figure” means a figure calculated in accordance with Schedules 1 and 2 to these Regulations;
“the Disabilities Regulations ” means the Council Tax (Reductions for Disabilities) Regulations 1992 ;
“discounted chargeable amount” in relation to a person, a dwelling and a day, means the amount estimated by the relevant billing authority as that which the person would be liable to pay in respect of council tax as regards the dwelling and the day if his liability fell to be calculated solely by reference to section 10 of the 1992 Act or, as his circumstances require, that section read with section 11 of the 1992 Act; but in the application of this definition to a person who is an eligible person for the purposes of the Disabilities Regulations, the estimate shall be made as if, in the definition of “A” in section 10 of the 1992 Act, there were substituted, for the reference to the valuation band listed for the dwelling, a reference to the alternative valuation band;
“existing area” means an area which immediately before, and on, 1st April 1998 formed part of the area of the same relevant billing authority;
“relevant area” means an existing area, or a transferred area, in relation to which the council tax figure is greater than £52, and a “relevant dwelling” is a dwelling situated in a relevant area;
“relevant billing authority” means a billing authority —
which is subject to a section 17 order in respect of which the reorganisation date is 1st April 1998, or
which is situated in the area of a county council which is subject to such an order (in these Regulations referred to as a “reorganised county”);
“the reorganisation date” means the date (being 1st April in any year) which is specified in a section 17 order;
“section 17 order” in relation to an authority means an order under section 17 of the Act affecting that authority; and
“transferred area” means an area which formed the whole or part of the area of a billing authority (in these Regulations referred to as a “transferor authority”) immediately before 1st April 1998, and formed part of the area of another billing authority (in these Regulations referred to as a “transferee authority”) on and after that date.
2
Any reference in these Regulations to a billing authority shall, during the preliminary period, include an authority which has the functions of a billing authority as regards the initial year, under Chapter 1 of Part I of the 1992 Act, by virtue of regulation 49(1) of the Local Government Changes for England (Finance) Regulations 1994 ; for this purpose “initial year” and “preliminary period” have the same meaning as in those Regulations.
3
Any reference in these Regulations to a liable person is a reference to a person who is liable (whether his liability is sole or joint and several) to pay to a billing authority, in respect of a particular dwelling, an amount in respect of council tax, and includes, unless the context otherwise requires, a reference to a person who in the opinion of the authority will be so liable; and references to the amount which a person is liable to pay shall be construed accordingly.
Prescribed year
3
The financial year beginning on 1st April 1998 is prescribed as the year for which these Regulations apply.
Modification of section 13 of the 1992 Act
4
In relation to chargeable dwellings in England and the year for which these Regulations apply, section 13(5) of the 1992 Act shall have effect as if after paragraph (d) there were inserted the following —
e
the location of the dwelling concerned in the area of a district or county council which is affected by a structural change, or a boundary change, made by or in consequence of an order under section 17 of the Local Government Act 1992; and for this purpose a “structural change” and a “boundary change” shall be construed in accordance with section 14 of that Act.
.
Persons to whom Regulations apply
5
A person is an eligible person for the purposes of these Regulations on a particular day if, as regards that day, he is a liable person in respect of a relevant dwelling.
Calculation of amount payable
6
1
Subject to paragraph (2) below, the amount which an eligible person is liable to pay in respect of a relevant dwelling and a day shall be the discounted chargeable amount reduced by the deductible amount, and for this purpose the deductible amount shall be calculated by the relevant billing authority in accordance with Schedule 3 to these Regulations.
2
Where a determination awarding council tax benefit under the Benefit Regulations is effective as regards a dwelling and a day in respect of which a person is an eligible person for the purposes of those Regulations, the amount which he is liable to pay in respect of that day shall be the amount ascertained in accordance with paragraph (1) above, less the amount of his council tax benefit for that day.
Supply of information by individuals
7
A billing authority may, for the purpose of considering whether these Regulations apply to any person, by written notice request that person to furnish to the authority within such period as it may reasonably specify, not being less than 21 days, such information specified in the notice as it may reasonably request of that person to assist it in considering that question.
Appeals
8
1
Where a billing authority makes a decision relating to the application or operation of these Regulations in relation to an individual, the authority shall, if requested in writing by the person so affected, provide him with a written statement of its decision and the reason for it; and any such statement shall be sent within 14 days from the date on which it is requested or as soon as is reasonably practicable thereafter.
2
No appeal may be made to a valuation tribunal in respect of any decision of a billing authority relating solely to the application or operation of these Regulations; but a person aggrieved by such a decision may appeal to a review board appointed by the billing authority and constituted as mentioned in regulation 70(3) of the Benefit Regulations.
Notice of appeal
9
An appellant shall give notice of appeal under these Regulations in writing to the billing authority.
Procedure for appeals
10
1
Regulations 71(2) to (9) and 72(4) and (5) of the Benefit Regulations shall apply with the necessary modifications for the purposes of an appeal under these Regulations as they apply for the purposes of a further review.
2
A billing authority shall comply with any decision of its review board.
Modification of the 1996 Regulations and the 1997 Regulations
11
1
In relation to the financial year beginning on 1st April 1998 and in relation to the amount that a person is liable to pay by way of council tax to a billing authority which was subject to a section 17 order or which is situated in the area of a county council which was subject to such an order —
a
where the reorganisation date was specified in that order as 1st April 1996, the 1996 Regulations shall apply subject to the modifications set out in Schedule 4;
b
where the reorganisation date was specified in that order as 1st April 1997, the 1997 Regulations shall apply subject to the modifications set out in Schedule 5.
2
In Schedules 4 and 5, references to regulations and Schedules are references to regulations of, and Schedules to, the 1996 Regulations and the 1997 Regulations respectively.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
5th February 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Daventry (Electoral Changes) Order 1998.
2
This Order shall come into force on 6th May 1999, except that for the purpose of all proceedings preliminary or relating to an election to be held on or after that date this Order shall come into force on 10th October 1998.
3
In this Order–
“the district” means the district of Daventry;
“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 Daventry (Electoral Changes) Order 1998”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of Daventry
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty-four 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 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.
Elections of the council of Daventry
3
1
Subject to the following provisions of this article, the election of councillors for wards of the district shall be by thirds.
2
Elections of all councillors for wards of the district shall be held simultaneously on the ordinary day of election of councillors in 1999 .
3
The councillors holding office for any ward in the district immediately before 10th May 1999 shall retire on that date and the newly elected councillors for any such ward shall come into office on that date.
4
The order of retirement of councillors shall be as set out in Schedule 2.
5
Where the number of councillors elected in 1999 for any ward of the district is two, the first to retire shall, subject to paragraphs (7) and (8) below, be the councillor elected by the smaller number of votes.
6
Where the number of councillors elected in 1999 for any ward of the district is three–
a
the first to retire shall, subject to paragraphs (7) and (8) below, be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
7
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any such year, the person to retire in that year shall be determined by lot.
8
If an election of councillors for any ward is not contested, the person to retire in each such year shall be determined by lot.
9
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
10
Except as otherwise provided in the foregoing paragraphs of this article, the term of office of councillors shall be four years and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly elected councillors shall come into office on the day on which their predecessors retire.
Wards of the parish of Long Buckby
4
1
The parish of Long Buckby shall be divided into two parish wards which shall bear the names of Long Buckby and Long Buckby Wharf and the wards shall comprise the areas designated on sheet 2 by reference to the name of the ward and demarcated by orange lines.
2
The number of councillors to be elected for the Long Buckby and Long Buckby Wharf parish wards shall be twelve and one respectively.
Parish council elections
5
1
Elections of all parish councillors for the parishes of Sibbertoft and Welford shall be held simultaneously on the ordinary day of election of councillors in 1999 and every fourth year thereafter.
2
The term of office of any parish councillor elected on the ordinary day of election of councillors in 1999 for the parishes of Byfield, Creaton, Lilbourne, Moulton, Overstone, Spratton, West Haddon, and Yelvertoft shall be three years and elections shall be held simultaneously on the ordinary day of election of councillors in 2002 and every fourth year thereafter.
3
Elections of all parish councillors for the parishes of Boughton, Braunston, Brixworth, Draughton, East Haddon, Flore, Hollowell, Kilsby, Lamport, Maidwell, Norton, Pitsford, Ravensthorpe, Scaldwell, Weedon Bec, Welton, and Whilton shall be held simultaneously on the ordinary day of election of councillors in 2000 and every fourth year thereafter.
4
Elections of all parish councillors for the parishes of Barby, Brington, Chapel Brampton, Church Brampton, Cold Ashby, Everdon, Guilsborough, Harlestone, Preston Capes, and Woodford cum Membris shall be held simultaneously on the ordinary day of election of councillors in 2002 and every fourth year thereafter.
5
The ordinary elections of parish councillors for the parishes of Farthingstone and Naseby in 2002 shall not take place; and any such parish councillor holding office immediately before 2nd May 2002 who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until 1st May 2003.
6
Except as otherwise provided in the foregoing paragraphs of this article, the term of office of parish councillors shall be four years and all parish councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly elected parish councillors shall come into office on the day on which their predecessors retire.
7
Rule 8 of the Local Elections (Parishes and Communities) Rules 1986 (filling of casual vacancies) shall have effect, in the case of a casual vacancy occurring before 1st May 2003 in the office of a parish councillor for the parishes of Farthingstone and Naseby as if the references in paragraphs (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to 1st May 2003.
6
The District of Daventry (Electoral Arrangements) Order 1976 is hereby revoked.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
8th October 1998


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (Dental Charges) Amendment Regulations 1998 and shall come into force on 1st April 1998.
Amendment of the National Health Service (Dental Charges) Regulations 1989
2
In regulation 4 of the National Health Service (Dental Charges) Regulations 1989 (calculation of charges), in paragraph (5), for “£330” in both places where it occurs there shall be substituted “£340”.
Revocation
3
The National Health Service (Dental Charges) Amendment Regulations 1997 are hereby revoked.
Transitional Provisions
4
Where, on or after 1st April 1998, appliances are supplied, or other general dental services are provided, in pursuance of a contract or arrangement for the provision of general dental services made before that date, regulation 4(5) of the National Health Service (Dental Charges) Regulations 1989 shall have effect in respect of that supply or other provision as if these Regulations had not come into force.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,
Department of Health
27th February 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Carmarthenshire 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 Carmarthenshire 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 Carmarthenshire National Health Service Trust or Ymddiriedolaeth Gwasanaeth Iechyd Gwladol Sir Gaerfyrddin.
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
Prince Philip Hospital, Bryngwynmawr, Dafen, Llanelli SA14 8QF,
b
West Wales General Hospital, Glangwili, Carmarthen, SA31 2AF,
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, 6 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
Dyfed Powys 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:
Commencement and citation
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 1998 and shall come into force on 1st August 1998.
Preliminary
2
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the following provisions of these Regulations.
New regulation 86B (use of mechanical coupling devices)
3
After regulation 86A, there shall be inserted the following —
Use of mechanical coupling devices
86B
1
This regulation applies to every light passenger vehicle first used on or after 1st August 1998 in respect of which an EC certificate of conformity has effect.
2
No person shall use or cause or permit to be used on a road any vehicle to which this regulation applies unless any mechanical coupling device which is attached to it complies with the relevant technical and installation requirements of Annexes I, V, VI and VII of Community Directive 94/20 and is marked in accordance with sub-paragraphs 3.3.4 to 3.3.5 of Annex I to that Directive.
3
For the purposes of this regulation, in a case where a vehicle is drawing a trailer a mechanical coupling device shall not be regarded as being attached to that vehicle if it forms part of the trailer.
4
In this regulation “mechanical coupling device” shall be construed in accordance with paragraph 2.1 of Annex I to Community Directive 94/20.
Amendment to Schedule 2
4
In Table I of Schedule 2, after item 69, there shall be inserted the following item —
69A 94/20 30.5.94 L195, 29.7.94, p.1 Mechanical coupling devices of motor vehicles and their trailers
Signed by authority of the Secretary of State
Helene Hayman
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
19th May 1998


text:
Citation and commencement
1
This Order may be cited as the Stirling (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 Stirling Council shall be divided into 22 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:
1
This Order may be cited as the Visiting Forces and Allied Headquarters (Stamp Duties) (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 74 of the Finance Act 1960.
N. H. Nicholls
Clerk of the Privy Council


text:
1
This Order may be cited as the Inheritance Tax (Indexation) Order 1998.
2
The amounts which, unless Parliament otherwise determines, will be treated by virtue of section 8 of the Inheritance Tax Act 1984 as specified in the Table in Schedule 1 to that Act in relation to chargeable transfers on or after 6th April 1998 are as follows —
TABLE OF RATES OF TAX
Portion of value Rate of tax Lower Limit Upper Limit Per cent.
£ £ 0 223,000 NIL 223,000 - 40
Graham Allen
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
17th March 1998


text:
1
These Regulations may be cited as the National Crime Squad Service Authority (Standing Order) Regulations 1998 and shall come into force on 1st May 1998.
2
No later than the first ordinary meeting of the National Crime Squad Service Authority falling after the day on which these Regulations come into force, the Authority shall in respect of the recording of votes, and signing of minutes —
a
make standing orders incorporating the provisions set out in Schedule 2 to the Local Authorities (Standing Orders) Regulations 1993 or provisions to the like effect, and
b
modify any existing standing orders in so far as necessary to conform with those provisions.
Alun Michael
Minister of State
Home Office
7th April 1998


text:
Citation and commencement
1
This Order may be cited as the United Nations Personnel (Guernsey) Order 1998 and shall come into force on the day on which the Order is registered in the Royal Court of Guernsey.
Extension
2
The provisions of the United Nations Personnel Act 1997 which are listed in Part I of the Schedule to this Order shall extend to the Bailiwick of Guernsey with the exceptions, adaptations and modifications specified in Part II of that Schedule.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the New Deal (Miscellaneous Provisions) (Amendment) Order 1998 and shall come into force on 3rd July 1998.
Amendment of the principal Order
2
1
The principal Order shall have effect subject to the amendments provided for in this Article.
2
In Article 1(2) (interpretation);
a
before the definition of “the New Deal”, there shall be inserted the following definition:
“facilities” means facilities provided for the participant in pursuance of one or more of the New Deal Components;
;
b
in the definition of “the New Deal Components”, after “the Voluntary Sector Option” there shall be inserted “, the Employment Option”;
c
after the definition of “the New Deal Components”, there shall be inserted the following definition:
“trading receipt” means, in relation to a New Deal Participant under the Employment Option, any payment made to him in consideration of goods or services supplied by him in the course of his participation under that option;
and
d
in the passage following the definition of “training allowance”, the words after “facilities” to the end of the paragraph shall be deleted.
3
For Article 2 (treatment of persons and payments for the purposes of the Social Security Contributions and Benefits Act 1992 , the Jobseekers Act 1995 and specified subordinate legislation), there shall be substituted the following provision:
2
1
The provisions of this article apply for the purposes of —
a
Part I of the Social Security Contributions and Benefits Act 1992,
b
the Jobseekers Act 1995 and
c
the subordinate legislation specified in the Schedule to this Order.
2
If, for any period or periods commencing with or falling after the date on which this Order comes into force, during which a person is a New Deal Participant and is participating in either the Full-time Education and Training Option, the Voluntary Sector Option or the Environment Task Force Option, that person receives, or is eligible to receive, a training allowance, he is to be treated for that period or those periods and in respect of his participation as not being employed but as participating in arrangements for training under section 2 of the 1973 Act; and accordingly any payment made to such a person during that period or those periods in connection with his use of facilities shall be treated in the same manner as a payment of training allowance made in respect of such training.
3
If, for any period or periods commencing with or falling after the date on which this paragraph comes into force, during which a person is a New Deal Participant and is participating in the Employment Option in a capacity other than that of employee, that person receives, or is eligible to receive, a training allowance, he is to be treated for that period or those periods and in respect of his participation as not being employed but as participating in arrangements for training under section 2 of the 1973 Act; and accordingly any payment, other than a trading receipt, made to such a person during that period or those periods in connection with his use of facilities shall be treated in the same manner as a payment of training allowance made in respect of such training.
.
Signed by order of the Secretary of State.
Andrew Smith
Minister of State,
Department for Education and Employment
9th June 1998


text:
Citation and interpretation
1
1
This Order may be cited as the Social Security Act 1998 (Commencement No. 1) Order 1998.
2
In this Order, except where the context otherwise requires, references to sections and Schedules are references to sections of and Schedules to the Social Security Act 1998.
Appointed days
2
Subject to article 3 below, the day appointed for the coming into force of —
a
the provisions of the Social Security Act 1998 which are specified in Part I of the Schedule to this Order is 8th September 1998;
b
the provisions of that Act which are specified in Part II of the Schedule to this Order, in so far as they authorise the making of Regulations or Orders, is 8th September 1998;
c
the provisions of that Act which are specified in Part III of the Schedule to this Order, in so far as they are not already in force, is 6th April 1999;
d
section 73 (statutory sick pay not precluded by maternity allowance), Schedule 8 in respect of the repeal in the Social Security Contributions and Benefits Act 1992 , Schedule 11, paragraph 2(d), of the words “(ii) she was entitled to a maternity allowance, or” and section 86(2) in so far as it refers to that repeal, is 6th April 1999;
e
section 75 (overpayments out of social fund) is 5th October 1998.
Saving
3
Notwithstanding the appointment of 8th September 1998 for the coming into force of section 59(5) and (6), section 88 of the Taxes Management Act 1970 shall continue to have effect with respect to the levy of Class 4 national insurance contributions with income tax, where —
a
an assessment has been made for the purpose of making good to the Crown a loss of tax wholly or partly attributable to —
i
a failure to give a notice, make a return or produce or furnish a document or other information required by or under the Taxes Acts, or
ii
an error in any information, return, accounts or other document delivered to an inspector or other officer of the Board of Inland Revenue; and
b
that assessment is in respect of the tax year 1996 — 1997 in respect of a partnership whose trade, profession or business was set up and commenced before 6th April 1994.
Signed by authority of the Secretary of State for Social Security.
John Y. Denham
Minister of State,
Department of Social Security
7th September 1998