text:
PART I
INTRODUCTION
Citation and commencement
1
These Regulations may be cited as the Provision and Use of Work Equipment Regulations 1998 and shall come into force on 5th December 1998.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the 1974 Act” means the Health and Safety at Work etc. Act 1974;
“employer” except in regulation 3(2) and (3) includes a person to whom the requirements imposed by these Regulations apply by virtue of regulation 3(3)(a) and (b);
“essential requirements” means requirements described in regulation 10(1);
“ the Executive ” means the Health and Safety Executive;
“inspection” in relation to an inspection under paragraph (1) or (2) of regulation 6 —
means such visual or more rigorous inspection by a competent person as is appropriate for the purpose described in the paragraph;
where it is appropriate to carry out testing for the purpose, includes testing the nature and extent of which are appropriate for the purpose;
“power press” means a press or press brake for the working of metal by means of tools, or for die proving, which is power driven and which embodies a flywheel and clutch;
“thorough examination” in relation to a thorough examination under paragraph (1), (2), (3) or (4) of regulation 32 —
means a thorough examination by a competent person;
includes testing the nature and extent of which are appropriate for the purpose described in the paragraph;
“use” in relation to work equipment means any activity involving work equipment and includes starting, stopping, programming, setting, transporting, repairing, modifying, maintaining, servicing and cleaning;
“work equipment” means any machinery, appliance, apparatus, tool or installation for use at work (whether exclusively or not);
and related expressions shall be construed accordingly.
2
Any reference in regulations 32 to 34 or Schedule 3 to a guard or protection device is a reference to a guard or protection device provided for the tools of a power press.
3
Any reference in regulation 32 or 33 to a guard or protection device being on a power press shall, in the case of a guard or protection device designed to operate while adjacent to a power press, be construed as a reference to its being adjacent to it.
4
Any reference in these Regulations to —
a
a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered; and
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears.
Application
3
1
These Regulations shall apply —
a
in Great Britain; and
b
outside Great Britain as sections 1 to 59 and 80 to 82 of the 1974 Act apply by virtue of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1995 (“the 1995 Order ”).
2
The requirements imposed by these Regulations on an employer in respect of work equipment shall apply to such equipment provided for use or used by an employee of his at work.
3
The requirements imposed by these Regulations on an employer shall also apply —
a
to a self-employed person, in respect of work equipment he uses at work;
b
subject to paragraph (5), to a person who has control to any extent of —
i
work equipment;
ii
a person at work who uses or supervises or manages the use of work equipment; or
iii
the way in which work equipment is used at work,
and to the extent of his control.
4
Any reference in paragraph (3)(b) to a person having control is a reference to a person having control in connection with the carrying on by him of a trade, business or other undertaking (whether for profit or not).
5
The requirements imposed by these Regulations shall not apply to a person in respect of work equipment supplied by him by way of sale, agreement for sale or hire-purchase agreement.
6
Subject to paragraphs (7) to (10), these Regulations shall not impose any obligation in relation to a ship’s work equipment (whether that equipment is used on or off the ship).
7
Where merchant shipping requirements are applicable to a ship’s work equipment, paragraph (6) shall relieve the shore employer of his obligations under these Regulations in respect of that equipment only where he has taken all reasonable steps to satisfy himself that the merchant shipping requirements are being complied with in respect of that equipment.
8
In a case where the merchant shipping requirements are not applicable to the ship’s work equipment by reason only that for the time being there is no master, crew or watchman on the ship, those requirements shall nevertheless be treated for the purpose of paragraph (7) as if they were applicable.
9
Where the ship’s work equipment is used in a specified operation paragraph (6) shall not apply to regulations 7 to 9, 11 to 13, 20 to 22 and 30 (each as applied by regulation 3).
10
Paragraph (6) does not apply to a ship’s work equipment provided for use or used in an activity (whether carried on in or outside Great Britain) specified in the 1995 Order save that it does apply to —
a
the loading, unloading, fuelling or provisioning of the ship; or
b
the construction, reconstruction, finishing, refitting, repair, maintenance, cleaning or breaking up of the ship.
11
In this regulation —
“master” has the meaning assigned to it by section 313(1) of the Merchant Shipping Act 1995 ;
“merchant shipping requirements” means the requirements of regulations 3 and 4 of the Merchant Shipping (Guarding of Machinery and Safety of Electrical Equipment) Regulations 1988 and regulations 5 to 10 of the Merchant Shipping (Hatches and Lifting Plant) Regulations 1988 ;
“ship” has the meaning assigned to it by section 313(1) of the Merchant Shipping Act 1995 save that it does not include an offshore installation;
“shore employer” means an employer of persons (other than the master and crew of any ship) who are engaged in a specified operation;
“specified operation” means an operation in which the ship’s work equipment is used —
by persons other than the master and crew; or
where persons other than the master and crew are liable to be exposed to a risk to their health or safety from its use.
PART II
GENERAL
Suitability of work equipment
4
1
Every employer shall ensure that work equipment is so constructed or adapted as to be suitable for the purpose for which it is used or provided.
2
In selecting work equipment, every employer shall have regard to the working conditions and to the risks to the health and safety of persons which exist in the premises or undertaking in which that work equipment is to be used and any additional risk posed by the use of that work equipment.
3
Every employer shall ensure that work equipment is used only for operations for which, and under conditions for which, it is suitable.
4
In this regulation “suitable” means suitable in any respect which it is reasonably foreseeable will affect the health or safety of any person.
Maintenance
5
1
Every employer shall ensure that work equipment is maintained in an efficient state, in efficient working order and in good repair.
2
Every employer shall ensure that where any machinery has a maintenance log, the log is kept up to date.
Inspection
6
1
Every employer shall ensure that, where the safety of work equipment depends on the installation conditions, it is inspected —
a
after installation and before being put into service for the first time; or
b
after assembly at a new site or in a new location,
to ensure that it has been installed correctly and is safe to operate.
2
Every employer shall ensure that work equipment exposed to conditions causing deterioration which is liable to result in dangerous situations is inspected —
a
at suitable intervals; and
b
each time that exceptional circumstances which are liable to jeopardise the safety of the work equipment have occurred,
to ensure that health and safety conditions are maintained and that any deterioration can be detected and remedied in good time.
3
Every employer shall ensure that the result of an inspection made under this regulation is recorded and kept until the next inspection under this regulation is recorded.
4
Every employer shall ensure that no work equipment —
a
leaves his undertaking; or
b
if obtained from the undertaking of another person, is used in his undertaking,
unless it is accompanied by physical evidence that the last inspection required to be carried out under this regulation has been carried out.
5
This regulation does not apply to —
a
a power press to which regulations 32 to 35 apply;
b
a guard or protection device for the tools of such power press;
c
work equipment for lifting loads including persons;
d
winding apparatus to which the Mines (Shafts and Winding) Regulations 1993 apply;
e
work equipment required to be inspected by regulation 29 of the Construction (Health, Safety and Welfare) Regulations 1996 .
Specific risks
7
1
Where the use of work equipment is likely to involve a specific risk to health or safety, every employer shall ensure that —
a
the use of that work equipment is restricted to those persons given the task of using it; and
b
repairs, modifications, maintenance or servicing of that work equipment is restricted to those persons who have been specifically designated to perform operations of that description (whether or not also authorised to perform other operations).
2
The employer shall ensure that the persons designated for the purposes of sub-paragraph (b) of paragraph (1) have received adequate training related to any operations in respect of which they have been so designated.
Information and instructions
8
1
Every employer shall ensure that all persons who use work equipment have available to them adequate health and safety information and, where appropriate, written instructions pertaining to the use of the work equipment.
2
Every employer shall ensure that any of his employees who supervises or manages the use of work equipment has available to him adequate health and safety information and, where appropriate, written instructions pertaining to the use of the work equipment.
3
Without prejudice to the generality of paragraphs (1) or (2), the information and instructions required by either of those paragraphs shall include information and, where appropriate, written instructions on —
a
the conditions in which and the methods by which the work equipment may be used;
b
foreseeable abnormal situations and the action to be taken if such a situation were to occur; and
c
any conclusions to be drawn from experience in using the work equipment.
4
Information and instructions required by this regulation shall be readily comprehensible to those concerned.
Training
9
1
Every employer shall ensure that all persons who use work equipment have received adequate training for purposes of health and safety, including training in the methods which may be adopted when using the work equipment, any risks which such use may entail and precautions to be taken.
2
Every employer shall ensure that any of his employees who supervises or manages the use of work equipment has received adequate training for purposes of health and safety, including training in the methods which may be adopted when using the work equipment, any risks which such use may entail and precautions to be taken.
Conformity with Community requirements
10
1
Every employer shall ensure that an item of work equipment has been designed and constructed in compliance with any essential requirements, that is to say requirements relating to its design or construction in any of the instruments listed in Schedule 1 (being instruments which give effect to Community directives concerning the safety of products).
2
Where an essential requirement applied to the design or construction of an item of work equipment, the requirements of regulations 11 to 19 and 22 to 29 shall apply in respect of that item only to the extent that the essential requirement did not apply to it.
3
This regulation applies to items of work equipment provided for use in the premises or undertaking of the employer for the first time after 31st December 1992.
Dangerous parts of machinery
11
1
Every employer shall ensure that measures are taken in accordance with paragraph (2) which are effective —
a
to prevent access to any dangerous part of machinery or to any rotating stock-bar; or
b
to stop the movement of any dangerous part of machinery or rotating stock-bar before any part of a person enters a danger zone.
2
The measures required by paragraph (1) shall consist of —
a
the provision of fixed guards enclosing every dangerous part or rotating stock-bar where and to the extent that it is practicable to do so, but where or to the extent that it is not, then
b
the provision of other guards or protection devices where and to the extent that it is practicable to do so, but where or to the extent that it is not, then
c
the provision of jigs, holders, push-sticks or similar protection appliances used in conjunction with the machinery where and to the extent that it is practicable to do so, but where or to the extent that it is not, then
d
the provision of information, instruction, training and supervision.
3
All guards and protection devices provided under sub-paragraphs (a) or (b) of paragraph (2) shall —
a
be suitable for the purpose for which they are provided;
b
be of good construction, sound material and adequate strength;
c
be maintained in an efficient state, in efficient working order and in good repair;
d
not give rise to any increased risk to health or safety;
e
not be easily bypassed or disabled;
f
be situated at sufficient distance from the danger zone;
g
not unduly restrict the view of the operating cycle of the machinery, where such a view is necessary;
h
be so constructed or adapted that they allow operations necessary to fit or replace parts and for maintenance work, restricting access so that it is allowed only to the area where the work is to be carried out and, if possible, without having to dismantle the guard or protection device.
4
All protection appliances provided under sub-paragraph (c) of paragraph (2) shall comply with sub-paragraphs (a) to (d) and (g) of paragraph (3).
5
In this regulation —
“danger zone” means any zone in or around machinery in which a person is exposed to a risk to health or safety from contact with a dangerous part of machinery or a rotating stock-bar;
“stock-bar” means any part of a stock-bar which projects beyond the head-stock of a lathe.
Protection against specified hazards
12
1
Every employer shall take measures to ensure that the exposure of a person using work equipment to any risk to his health or safety from any hazard specified in paragraph (3) is either prevented, or, where that is not reasonably practicable, adequately controlled.
2
The measures required by paragraph (1) shall —
a
be measures other than the provision of personal protective equipment or of information, instruction, training and supervision, so far as is reasonably practicable; and
b
include, where appropriate, measures to minimise the effects of the hazard as well as to reduce the likelihood of the hazard occurring.
3
The hazards referred to in paragraph (1) are —
a
any article or substance falling or being ejected from work equipment;
b
rupture or disintegration of parts of work equipment;
c
work equipment catching fire or overheating;
d
the unintended or premature discharge of any article or of any gas, dust, liquid, vapour or other substance which, in each case, is produced, used or stored in the work equipment;
e
the unintended or premature explosion of the work equipment or any article or substance produced, used or stored in it.
4
For the purposes of this regulation “adequately” means adequately having regard only to the nature of the hazard and the nature and degree of exposure to the risk.
5
This regulation shall not apply where any of the following Regulations apply in respect of any risk to a person’s health or safety for which such Regulations require measures to be taken to prevent or control such risk, namely —
a
the Ionising Radiations Regulations 1985 ;
b
the Control of Asbestos at Work Regulations 1987 ;
c
the Control of Substances Hazardous to Health Regulations 1994 ;
d
the Noise at Work Regulations 1989 ;
e
the Construction (Head Protection) Regulations 1989 ;
f
the Control of Lead at Work Regulations 1998 .
High or very low temperature
13
Every employer shall ensure that work equipment, parts of work equipment and any article or substance produced, used or stored in work equipment which, in each case, is at a high or very low temperature shall have protection where appropriate so as to prevent injury to any person by burn, scald or sear.
Controls for starting or making a significant change in operating conditions
14
1
Every employer shall ensure that, where appropriate, work equipment is provided with one or more controls for the purposes of —
a
starting the work equipment (including re-starting after a stoppage for any reason); or
b
controlling any change in the speed, pressure or other operating conditions of the work equipment where such conditions after the change result in risk to health and safety which is greater than or of a different nature from such risks before the change.
2
Subject to paragraph (3), every employer shall ensure that, where a control is required by paragraph (1), it shall not be possible to perform any operation mentioned in sub-paragraph (a) or (b) of that paragraph except by a deliberate action on such control.
3
Paragraph (1) shall not apply to re-starting or changing operating conditions as a result of the normal operating cycle of an automatic device.
Stop controls
15
1
Every employer shall ensure that, where appropriate, work equipment is provided with one or more readily accessible controls the operation of which will bring the work equipment to a safe condition in a safe manner.
2
Any control required by paragraph (1) shall bring the work equipment to a complete stop where necessary for reasons of health and safety.
3
Any control required by paragraph (1) shall, if necessary for reasons of health and safety, switch off all sources of energy after stopping the functioning of the work equipment.
4
Any control required by paragraph (1) shall operate in priority to any control which starts or changes the operating conditions of the work equipment.
Emergency stop controls
16
1
Every employer shall ensure that, where appropriate, work equipment is provided with one or more readily accessible emergency stop controls unless it is not necessary by reason of the nature of the hazards and the time taken for the work equipment to come to a complete stop as a result of the action of any control provided by virtue of regulation 15(1).
2
Any control required by paragraph (1) shall operate in priority to any control required by regulation 15(1).
Controls
17
1
Every employer shall ensure that all controls for work equipment are clearly visible and identifiable, including by appropriate marking where necessary.
2
Except where necessary, the employer shall ensure that no control for work equipment is in a position where any person operating the control is exposed to a risk to his health or safety.
3
Every employer shall ensure where appropriate —
a
that, so far as is reasonably practicable, the operator of any control is able to ensure from the position of that control that no person is in a place where he would be exposed to any risk to his health or safety as a result of the operation of that control, but where or to the extent that it is not reasonably practicable;
b
that, so far as is reasonably practicable, systems of work are effective to ensure that, when work equipment is about to start, no person is in a place where he would be exposed to a risk to his health or safety as a result of the work equipment starting, but where neither of these is reasonably practicable;
c
that an audible, visible or other suitable warning is given by virtue of regulation 24 whenever work equipment is about to start.
4
Every employer shall take appropriate measures to ensure that any person who is in a place where he would be exposed to a risk to his health or safety as a result of the starting or stopping of work equipment has sufficient time and suitable means to avoid that risk.
Control systems
18
1
Every employer shall —
a
ensure, so far as is reasonably practicable, that all control systems of work equipment are safe; and
b
are chosen making due allowance for the failures, faults and constraints to be expected in the planned circumstances of use.
2
Without prejudice to the generality of paragraph (1), a control system shall not be safe unless —
a
its operation does not create any increased risk to health or safety;
b
it ensures, so far as is reasonably practicable, that any fault in or damage to any part of the control system or the loss of supply of any source of energy used by the work equipment cannot result in additional or increased risk to health or safety;
c
it does not impede the operation of any control required by regulation 15 or 16.
Isolation from sources of energy
19
1
Every employer shall ensure that where appropriate work equipment is provided with suitable means to isolate it from all its sources of energy.
2
Without prejudice to the generality of paragraph (1), the means mentioned in that paragraph shall not be suitable unless they are clearly identifiable and readily accessible.
3
Every employer shall take appropriate measures to ensure that re-connection of any energy source to work equipment does not expose any person using the work equipment to any risk to his health or safety.
Stability
20
Every employer shall ensure that work equipment or any part of work equipment is stabilised by clamping or otherwise where necessary for purposes of health or safety.
Lighting
21
Every employer shall ensure that suitable and sufficient lighting, which takes account of the operations to be carried out, is provided at any place where a person uses work equipment.
Maintenance operations
22
Every employer shall take appropriate measures to ensure that work equipment is so constructed or adapted that, so far as is reasonably practicable, maintenance operations which involve a risk to health or safety can be carried out while the work equipment is shut down, or in other cases —
a
maintenance operations can be carried out without exposing the person carrying them out to a risk to his health or safety; or
b
appropriate measures can be taken for the protection of any person carrying out maintenance operations which involve a risk to his health or safety.
Markings
23
Every employer shall ensure that work equipment is marked in a clearly visible manner with any marking appropriate for reasons of health and safety.
Warnings
24
1
Every employer shall ensure that work equipment incorporates any warnings or warning devices which are appropriate for reasons of health and safety.
2
Without prejudice to the generality of paragraph (1), warnings given by warning devices on work equipment shall not be appropriate unless they are unambiguous, easily perceived and easily understood.
PART III
MOBILE WORK EQUIPMENT
Employees carried on mobile work equipment
25
Every employer shall ensure that no employee is carried by mobile work equipment unless —
a
it is suitable for carrying persons; and
b
it incorporates features for reducing to as low as is reasonably practicable risks to their safety, including risks from wheels or tracks.
Rolling over of mobile work equipment
26
1
Every employer shall ensure that where there is a risk to an employee riding on mobile work equipment from its rolling over, it is minimised by —
a
stabilising the work equipment;
b
a structure which ensures that the work equipment does no more than fall on its side;
c
a structure giving sufficient clearance to anyone being carried if it overturns further than that; or
d
a device giving comparable protection.
2
Where there is a risk of anyone being carried by mobile work equipment being crushed by its rolling over, the employer shall ensure that it has a suitable restraining system for him.
3
This regulation shall not apply to a fork-lift truck having a structure described in sub-paragraph (b) or (c) of paragraph (1).
4
Compliance with this regulation is not required where —
a
it would increase the overall risk to safety;
b
it would not be reasonably practicable to operate the mobile work equipment in consequence; or
c
in relation to an item of work equipment provided for use in the undertaking or establishment before 5th December 1998 it would not be reasonably practicable.
Overturning of fork-lift trucks
27
Every employer shall ensure that a fork-lift truck to which regulation 26(3) refers and which carries an employee is adapted or equipped to reduce to as low as is reasonably practicable the risk to safety from its overturning.
Self-propelled work equipment
28
Every employer shall ensure that, where self-propelled work equipment may, while in motion, involve risk to the safety of persons —
a
it has facilities for preventing its being started by an unauthorised person;
b
it has appropriate facilities for minimising the consequences of a collision where there is more than one item of rail-mounted work equipment in motion at the same time;
c
it has a device for braking and stopping;
d
where safety constraints so require, emergency facilities operated by readily accessible controls or automatic systems are available for braking and stopping the work equipment in the event of failure of the main facility;
e
where the driver’s direct field of vision is inadequate to ensure safety, there are adequate devices for improving his vision so far as is reasonably practicable;
f
if provided for use at night or in dark places —
i
it is equipped with lighting appropriate to the work to be carried out; and
ii
is otherwise sufficiently safe for such use;
g
if it, or anything carried or towed by it, constitutes a fire hazard and is liable to endanger employees, it carries appropriate fire-fighting equipment, unless such equipment is kept sufficiently close to it.
Remote-controlled self-propelled work equipment
29
Every employer shall ensure that where remote-controlled self-propelled work equipment involves a risk to safety while in motion —
a
it stops automatically once it leaves its control range; and
b
where the risk is of crushing or impact it incorporates features to guard against such risk unless other appropriate devices are able to do so.
Drive shafts
30
1
Where the seizure of the drive shaft between mobile work equipment and its accessories or anything towed is likely to involve a risk to safety every employer shall —
a
ensure that the work equipment has a means of preventing such seizure; or
b
where such seizure cannot be avoided, take every possible measure to avoid an adverse effect on the safety of an employee.
2
Every employer shall ensure that —
a
where mobile work equipment has a shaft for the transmission of energy between it and other mobile work equipment; and
b
the shaft could become soiled or damaged by contact with the ground while uncoupled,
the work equipment has a system for safeguarding the shaft.
PART IV
POWER PRESSES
Power presses to which Part IV does not apply
31
Regulations 32 to 35 shall not apply to a power press of a kind which is described in Schedule 2.
Thorough examination of power presses, guards and protection devices
32
1
Every employer shall ensure that a power press is not put into service for the first time after installation, or after assembly at a new site or in a new location unless —
a
it has been thoroughly examined to ensure that it —
i
has been installed correctly; and
ii
would be safe to operate; and
b
any defect has been remedied.
2
Every employer shall ensure that a guard, other than one to which paragraph (3) relates, or protection device is not put into service for the first time on a power press unless —
a
it has been thoroughly examined when in position on that power press to ensure that it is effective for its purpose; and
b
any defect has been remedied.
3
Every employer shall ensure that that part of a closed tool which acts as a fixed guard is not used on a power press unless —
a
it has been thoroughly examined when in position on any power press in the premises to ensure that it is effective for its purpose; and
b
any defect has been remedied.
4
For the purpose of ensuring that health and safety conditions are maintained, and that any deterioration can be detected and remedied in good time, every employer shall ensure that —
a
every power press is thoroughly examined, and its guards and protection devices are thoroughly examined when in position on that power press —
i
at least every 12 months, where it has fixed guards only; or
ii
at least every 6 months, in other cases; and
iii
each time that exceptional circumstances have occurred which are liable to jeopardise the safety of the power press or its guards or protection devices; and
b
any defect is remedied before the power press is used again.
5
Where a power press, guard or protection device was before the coming into force of these Regulations required to be thoroughly examined by regulation 5(2) of the Power Presses Regulations 1965 the first thorough examination under paragraph (4) shall be made before the date by which a thorough examination would have been required by regulation 5(2) had it remained in force.
6
Paragraph (4) shall not apply to that part of a closed tool which acts as a fixed guard.
7
In this regulation “defect” means a defect notified under regulation 34 other than a defect which has not yet become a danger to persons.
Inspection of guards and protection devices
33
1
Every employer shall ensure that a power press is not used after the setting, re-setting or adjustment of its tools, save in trying out its tools or save in die proving, unless —
a
its every guard and protection device has been inspected and tested while in position on the power press by a person appointed in writing by the employer who is —
i
competent; or
ii
undergoing training for that purpose and acting under the immediate supervision of a competent person,
and who has signed a certificate which complies with paragraph (3); or
b
the guards and protection devices have not been altered or disturbed in the course of the adjustment of its tools.
2
Every employer shall ensure that a power press is not used after the expiration of the fourth hour of a working period unless its every guard and protection device has been inspected and tested while in position on the power press by a person appointed in writing by the employer who is —
a
competent; or
b
undergoing training for that purpose and acting under the immediate supervision of a competent person,
and who has signed a certificate which complies with paragraph (3).
3
A certificate referred to in this regulation shall —
a
contain sufficient particulars to identify every guard and protection device inspected and tested and the power press on which it was positioned at the time of the inspection and test;
b
state the date and time of the inspection and test; and
c
state that every guard and protection device on the power press is in position and effective for its purpose.
4
In this regulation “working period”, in relation to a power press, means —
a
the period in which the day’s or night’s work is done; or
b
in premises where a shift system is in operation, a shift.
Reports
34
1
A person making a thorough examination for an employer under regulation 32 shall —
a
notify the employer forthwith of any defect in a power press or its guard or protection device which in his opinion is or could become a danger to persons;
b
as soon as is practicable make a report of the thorough examination to the employer in writing authenticated by him or on his behalf by signature or equally secure means and containing the information specified in Schedule 3; and
c
where there is in his opinion a defect in a power press or its guard or protection device which is or could become a danger to persons, send a copy of the report as soon as is practicable to the enforcing authority for the premises in which the power press is situated.
2
A person making an inspection and test for an employer under regulation 33 shall forthwith notify the employer of any defect in a guard or protection device which in his opinion is or could become a danger to persons and the reason for his opinion.
Keeping of information
35
1
Every employer shall ensure that the information in every report made pursuant to regulation 34(1) is kept available for inspection for 2 years after it is made.
2
Every employer shall ensure that a certificate under regulation 33(1)(a)(ii) or (2)(b) is kept available for inspection —
a
at or near the power press to which it relates until superseded by a later certificate; and
b
after that, until 6 months have passed since it was signed.
PART V
MISCELLANEOUS
Exemption for the armed forces
36
1
The Secretary of State for Defence may, in the interests of national security, by a certificate in writing exempt any of the home forces, any visiting force or any headquarters from any requirement or prohibition imposed by these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by the said Secretary of State by a certificate in writing at any time.
2
In this regulation —
a
“the home forces” has the same meaning as in section 12(1) of the Visiting Forces Act 1952 ;
b
“headquarters” has the same meaning as in article 3(2) of the Visiting Forces and International Headquarters (Application of Law) Order 1965 ;
c
“visiting force” has the same meaning as it does for the purposes of any provision of Part I of the Visiting Forces Act 1952.
Transitional provision
37
The requirements in regulations 25 to 30 shall not apply to work equipment provided for use in the undertaking or establishment before 5th December 1998 until 5th December 2002.
Repeal of enactment
38
Section 19 of the Offices, Shops and Railway Premises Act 1963 is repealed.
Revocation of instruments
39
The instruments specified in column 1 of Schedule 4 are revoked to the extent specified in column 3 of that Schedule.
Signed by authority of the Secretary of State
Alan Meale
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
15th September 1998


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Council Tax (Exempt Dwellings and Discount Disregards) (Amendment) Order 1998 and shall come into force on 1st April 1998.
Exempt dwellings: dependent relatives
2
For article 2(5) of the Council Tax (Exempt Dwellings) Order 1992 (which defines the classes of relative who may be dependent for the purposes of Class W of exempt dwellings) there is substituted —
5
For the purposes of Class W a person is to be regarded as the relative of another if —
a
he is the spouse of that person, or
b
he is that person’s parent, child, grandparent, grandchild, brother, sister, uncle or aunt, nephew or niece, great-grandparent, great-grandchild, great-uncle, great-aunt, great-nephew or great-niece, or
c
he is that person’s great-great-grandparent, great-great-grandchild, great-great-uncle, great-great-aunt, great-great-nephew or great-great-niece;
and —
i
a relationship by marriage shall be treated as a relationship by blood;
ii
a relationship between a man and a woman living together as husband and wife shall be treated as a relationship by marriage; and
iii
the stepchild of a person shall be treated as his child.
Discount disregards: apprentices
3
In paragraph 1(c)(ii) (maximum salary etc. ) of Schedule 1 (definition of students etc.) to the Council Tax (Discount Disregards) Order 1992 , for “£130 per week” there is substituted “£160 per week”.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State
Department of the Environment, Transport and the Regions
11th February 1998
Win Griffiths
Parliamentary Under-Secretary of State, Welsh Office
11th February 1998


text:
1
This Order may be cited as the Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) (No. 2) Order 1998 and shall come into force on 21st August 1998, but shall have effect from 31st October 1996.
2
Employment by the Library and Information Commission is hereby added to the employments listed in Schedule 1 to the Superannuation Act 1972.
Jack Cunningham
Chancellor of the Duchy of Lancaster for the Minister for the Civil Service
31st July 1998


text:
1
This Order may be cited as the Merchant Shipping (Falkland Islands Colours) Order 1998 and shall come into force on 25th January 1999.
2
1
The adoption for the purpose of section 2(3)(b) of the Merchant Shipping Act 1995 as proper colours for ships registered in the Falkland Islands of the red ensign defaced with the arms of the Falkland Islands as specified in paragraph (2) below is hereby authorised.
2
The positioning and proportions of the defacement shall be in accordance with the illustration in the Schedule hereto.
A. K. Galloway
Clerk of the Privy Council


text:
1
This Order may be cited as the Police and Criminal Evidence Act 1984 (Codes of Practice No. 5) Order 1999 and shall come into force on 1st March 1999.
2
The revised code of practice laid in draft before Parliament on 7th December 1998 in connection with the matters referred to in section 66(a) of the Police and Criminal Evidence Act 1984 shall come into operation on 1st March 1999.
Paul Boateng
Minister of State
Home Office
8th December 1998


text:
Citation, commencement and application
1
1
This Order may be cited as the Essex County Council (Boroughs of Southend-on-Sea and Thurrock (Staff Transfer) Order 1998 and shall come into force on 1st April 1998.
2
This Order makes provisions which are consequential on or supplementary to, the Essex (Boroughs of Colchester, Southend-on-Sea and Thurrock and District of Tendring) (Structural, Boundary and Electoral Changes) Order 1996 .
Interpretation
2
In this Order —
“contract of employment” means a contract under which a person works for another person whether under a contract of service or apprenticeship or otherwise but does not include a contract for services;
“designated list” means the list marked “The Essex County Council (Boroughs of Southend-on-Sea and Thurrock) (Staff Transfer) Order 1998 Designated List” which is signed by the Secretary of State for the Environment, Transport and the Regions, one copy of which is deposited with the Southend-on-Sea Borough Council, one with the Thurrock Borough Council, one with the Essex County Council and one in the offices of the Secretary of State for the Environment, Transport and the Regions;
“employee” means a person employed under a contract of employment including a person employed under a fixed term contract the expiry date for which is after 31st March 1998, but does not include a person whose employment is on a temporary basis and who on 31st March 1998 has had a continuous period of employment (when calculated in accordance with sections 210 to 219 of the Employment Rights Act 1996 ) of less than two years.
Transfer of Staff
3
1
This article shall apply to any employee (a “designated employee”) —
a
who immediately before 1st April 1998 (“the reorganisation date”) is employed by the Essex County Council;
b
whose employment would continue but for the transfer of functions to the Councils of the Boroughs of Southend-on-Sea and Thurrock;
c
whose name is mentioned, or who falls within a class or description of employees which is mentioned, in the designated list.
2
The contract of employment of a designated employee shall not be terminated on the reorganisation date but shall have effect in the case of an employee whose name is mentioned in, or who falls within a class or description of employees mentioned in any section of Part I or Part II of the designated list, as if originally made between that employee and the borough council mentioned at the head of that section.
3
This article is without prejudice to any provision of the Transfer of Undertakings (Protection of Employment) Regulations 1981 .
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
25th February 1998


text:
Title and commencement
1
These Regulations may be cited as the Beef Carcase (Classification) (Amendment) Regulations 1998 and shall come into force on 1st February 1998.
Amendments to the Beef Carcase (Classification) Regulations 1991
2
1
The Beef Carcase (Classification) Regulations 1991 shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph (1) of regulation 2 (interpretation) —
a
the following definition is inserted immediately after the definition of “the appropriate Minister” —
“approval number” means (in relation to a regulated slaughterhouse) the unique number of that regulated slaughterhouse required to be specified in the centre of a health mark (as defined in regulation 2(1) of the Fresh Meat (Hygiene and Inspection) Regulations 1995 (“the 1995 Regulations ” ));
;
b
the following text is substituted for the definitions of “regulated carcase” and “regulated slaughterhouse” —
“regulated carcase” means the carcase or half-carcase of an adult bovine animal which has been marked in accordance with regulation 11 of and Schedule 12 to the 1995 Regulations;
“regulated slaughterhouse” means a slaughterhouse (as defined by regulation 2(1) of the 1995 Regulations) licensed in accordance with regulation 4 of those Regulations;
; and
c
the definition of “veterinary approval number” is revoked.
3
The following paragraph is inserted after paragraph (3) of regulation 2 —
4
Any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date of making of the Beef Carcase (Classification) (Amendment) Regulations 1998.
.
4
In Schedule 1 (Community provisions) —
a
in column (1) the following numbered entry is inserted after entry number 5 —
6
Commission Regulation ( EC ) No. 295/96 laying down detailed rules for the application of Council Regulation ( EEC ) No. 1892/87 as regards the recording of market prices of adult bovine animals, on the basis of the Community scale for the classification of carcases ( OJ No. L39, 17.2.96, p.1).
;
b
in column (2) the following reference is inserted immediately to the right of the new entry number 6 inserted by sub-paragraph (a) of this paragraph —
Article 2(1)(a)
; and
c
in column (3) the following description is inserted immediately to the right of the new provision inserted by sub-paragraph (b) of this paragraph —
Requirement to record market prices.
.
5
In each of —
a
paragraph 2 of Schedule 2 (particulars of the occupier of a regulated slaughterhouse to be notified to the appropriate Minister);
b
paragraph 2 of Part I of Schedule 5 (records to be kept by occupier for each regulated carcase classified);
c
paragraph 1 of Part II of that Schedule (records to be kept by occupier for each exempt carcase obtained); and
d
paragraph 1 of Part III of that Schedule (records to be kept by exempt occupier),
the phrase “approval number” is substituted for the phrase “veterinary approval number”.
Donoughue
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
23rd December 1997
Sewel
Parliamentary Under Secretary of State, Scottish Office
6th January 1998


text:
Citation and commencement
1
These Regulations may be cited as the Council Tax Benefit (General) Amendment Regulations 1998 and shall come into force on 31st March 1998.
Amendment of the Council Tax Benefit (General) Amendment Regulations 1997
2
1
The Council Tax Benefit (General) Amendment Regulations 1997 shall be amended in accordance with the following paragraph.
2
After regulation 2 (amendment of the Council Tax Benefit (General) Regulations 1992) there shall be added the following regulation —
Saving
3
1
Subject to paragraph (2), regulation 2(3) and (4) above shall not have effect in the case of a person entitled to council tax benefit in respect of 31st March 1998, for so long as that person is continuously so entitled by virtue of his residence in the dwelling in which he was residing on that date.
2
Where a person to whom paragraph (1) refers ceases to be entitled to council tax benefit in respect of his residence in the relevant dwelling, that paragraph shall have effect for a partner who —
a
was resident in that dwelling on 31st March;
b
has remained continuously resident in that dwelling since that date; and
c
becomes personally entitled to council tax benefit on account of being resident in that dwelling within a period of not more than 12 weeks from the time the original person’s entitlement ceased.
3
Where a person who is entitled to council tax benefit in the circumstances to which paragraph (1) or (2) refers —
a
whether on one or more occasions, ceases to be entitled to council tax benefit on or after 1st April 1998 but subsequently becomes re-entitled to that benefit within a period of not more than 12 weeks from the date he ceases to be so entitled; and
b
the dwelling in respect of which his further entitlement arises is the dwelling to which paragraph (1) refers,
paragraph (1) shall continue to apply in his case.
.
Signed by authority of the Secretary of State for Social Security.
Keith Bradley
Parliamentary Under-Secretary of State,
Department of Social Security
30th March 1998


text:
Citation and commencement
1
This Order may be cited as The Protection of Wrecks (Designation No. 2) Order 1984 (Amendment) Order 1998 and shall come into force on 10th August 1998.
Amendment of the Protection of Wrecks (Designation No. 2) Order 1984
2
The Protection of Wrecks (Designation No. 2) Order 1984 (as amended) shall be amended as follows:
1
in Article 2(1) for the words “Latitude 50°39'.67 North, Longitude 01°54'.79 West” there shall be substituted the words “Latitude 50°39'.65 North, Longitude 01°54'.79 West”.
Revocation
3
The Protection of Wrecks (Designation No. 2 Order 1984) (Amendment) Order 1988 is hereby revoked.
Tony Banks
Parliamentary Under-Secretary of State for Culture, Media and Sport
17th July 1998


text:
1
This Order may be cited as the Public Telecommunication System Designation (Primetec (UK) Limited) Order 1998 and shall come into force on 3rd April 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
3rd March 1998


text:
Citation and Commencement
1
This Order may be cited as the Prevention of Water Pollution (Loch Turret) (Extension of Period of Byelaws) Order 1998 and shall come into force on 4th February 1998.
Extension of period of byelaws
2
The period during which the Central Scotland Water Development Board Prevention of Water Pollution (Loch Turret) Byelaws 1988 remain in force is hereby extended to 4th February 2000.
Philip Wright
Head of European Environment and Engineering Unit, Scottish Office
The Scottish Office Agriculture,
Environment and Fisheries Department Victoria Quay Edinburgh
26th January 1998


text:
1
This Order may be cited as the Welsh Development Agency (Membership) Order 1998 and shall come into force on 1st November 1998.
2
In this Order, references to “the Agency” are to the Welsh Development Agency.
3
The maximum number of members of the Agency (other than the Chairman and Deputy Chairman) shall be 13.
Ron Davies
Secretary of State for Wales
7th October 1998


text:
1
These Regulations may be cited as the National Crime Squad (Complaints) Regulations 1998 and shall come into force on 1st April 1998.
2
In these Regulations —
“the 1997 Act ” means the Police Act 1997;
“the PCA ” means the Police Complaints Authority established under section 83 of the Police and Criminal Evidence Act 1984 (“the 1984 Act ”);
“civilian member of the National Crime Squad” means a person appointed under section 55(1)(c) of the 1997 Act;
“complaint” means a complaint about the conduct of a member of the National Crime Squad, other than a police member engaged with the National Crime Squad on a period of temporary service under section 97 of the Police Act 1996 ,
which is submitted —
by a member of the public, or
on behalf of a member of the public and with his written consent;
“ Director General ” means the Director General of the National Crime Squad appointed under section 52 of the 1997 Act;
“disciplinary proceedings” means proceedings identified as such in regulations made pursuant to section 81 of the 1997 Act;
“police force” means a police force maintained under section 2 of the 1996 Act, and “member of a police force” shall be construed accordingly;
“serious injury” means a fracture, damage to an internal organ, impairment of bodily functions, a deep cut or deep laceration;
“senior police member” means the Director General or a police member appointed under section 55(2)(a) of the 1997 Act.
PART I
PROCEDURE FOR HANDLING COMPLAINTS RELATING TO THE CONDUCT OF SENIOR POLICE MEMBERS OF THE NATIONAL CRIME SQUAD
Handling of complaints etc.
3
1
Where a complaint regarding the conduct of a senior police member of the National Crime Squad is submitted to the Director General, he shall take any steps that appear to him to be desirable for the purpose of obtaining or preserving evidence relating to the conduct complained of.
2
After complying with paragraph (1), the Director General shall —
a
send the complaint or, if it was submitted orally, particulars of it, to the NCS Service Authority, and
b
give notice that he has done so to the person by whom or on whose behalf the complaint was submitted.
3
Nothing in these Regulations shall have effect in relation to a complaint in so far as it relates to the direction or control of the National Crime Squad by the Director General.
4
If any conduct to which a complaint wholly or partly relates is or has been the subject of criminal or disciplinary proceedings, none of the provisions of these Regulations which relate to the recording and investigation of complaints shall have effect in relation to the complaint in so far as it relates to the conduct.
Investigation of complaint
4
1
Where a complaint regarding the conduct of a senior police member of the National Crime Squad is —
a
submitted to the NCS Service Authority, or
b
is sent to the NCS Service Authority under regulation 3(2),
it shall record, and subject to paragraph (2), investigate it.
2
If satisfied that the conduct complained of, even if proved, would not justify criminal or disciplinary proceedings, the NCS Service Authority may deal with the complaint according to its discretion.
3
In any other case, the NCS Service Authority shall appoint a member of a police force to investigate the complaint.
4
If the NCS Service Authority requests the chief officer of police of a police force to provide a member of his force for appointment under paragraph (3), the said officer shall comply with the request.
5
No member of a police force of a rank lower than that of the member whose conduct is the subject of the complaint may be appointed under paragraph (3).
6
Unless an investigation under this regulation is supervised by the PCA under regulation 7, the investigating officer shall submit his report to the NCS Service Authority.
5
1
The NCS Service Authority —
a
shall refer to the PCA —
i
any complaint regarding a senior police member of the National Crime Squad alleging that the conduct complained of resulted in the death of, or serious injury to, some other person, and
ii
any complaint regarding a senior police member of the National Crime Squad which is of the same description as a complaint specified in regulations made by the Secretary of State for the purposes of section 87 of the Police and Criminal Evidence Act 1984, and
b
may refer to the PCA any complaint which is not required to be referred to them.
2
The PCA may require the submission to them for consideration of any complaint regarding the conduct of a senior police member of the National Crime Squad not referred to them by the NCS Service Authority; and the NCS Service Authority shall comply with any such requirement not later than the end of the specified period.
3
For the purposes of paragraph (2) the specified period shall be the period which is specified in regulations made by the Secretary of State for the purpose of subsection (2) of section 87 of the 1984 Act.
4
Where a complaint falls to be referred to the PCA under paragraph (1)(a), it shall be the duty of the NCS Service Authority to refer it to them not later than the end of the period specified by the Secretary of State for the purpose of paragraph (1) of section 87 of the 1984 Act in regulations.
Reference of other matters to the PCA
6
1
The NCS Service Authority may refer to the PCA any matter to which this regulation applies, if it appears to the NCS Service Authority that the matter ought to be referred by reason —
a
of its gravity, or
b
of exceptional circumstances.
2
This regulation applies to any matter which —
a
appears to the NCS Service Authority to indicate that a senior police member of the National Crime Squad may have committed a criminal offence or behaved in a manner which would justify disciplinary proceedings, and
b
is not the subject of a complaint.
Supervision of investigation by PCA
7
1
The PCA shall supervise the investigation of —
a
any complaint alleging that the conduct of a senior police member of the National Crime Squad resulted in the death of, or serious injury to, some other person,
b
any other complaint which is of the same description as a complaint specified for the purposes of section 89 of the 1984 Act in regulations made by the Secretary of State under that Act, and
c
any complaint which is not within paragraph (a) or (b) and any matter referred to the PCA under regulation 6, if the PCA determine that it is desirable in the public interest that they should do so.
2
Where the PCA have made a determination under paragraph (1)(c), they shall notify it to the NCS Service Authority.
3
Where an investigation is to be supervised by the PCA, they may require —
a
that no appointment is made under regulation 4(3) unless they have given notice to the NCS Service Authority that they approve the person who it proposes to appoint, or
b
if such an appointment has already been made and the PCA are not satisfied with the person appointed, that —
i
the NCS Service Authority, as soon as reasonably practicable, appoint another member of a police force and notify the PCA that it proposes to appoint him, and
ii
the appointment is not made unless the PCA give notice to the NCS Service Authority that they approve that person.
4
Where the Secretary of State, by regulations made under section 89(4) of the 1984 Act, authorises the PCA to impose requirements as to a particular investigation additional to any requirement imposed by subsection (3) of that section then, in addition to any requirement imposed by paragraph (3) above, the PCA may impose the like additional requirements, subject to any restrictions or conditions specified in those regulations, in relation to any investigation under these Regulations.
5
A member of a police force shall comply with any requirement imposed upon him by virtue of the application of paragraph (4).
Reports on investigations etc.
8
1
At the end of an investigation which the PCA have supervised, the investigating officer shall —
a
submit a report on the investigation to the PCA, and
b
send a copy of the report to the NCS Service Authority.
2
After consideration of a report submitted to them under paragraph (1) the PCA shall submit an appropriate statement to the NCS Service Authority.
3
If it is practicable to do so, the PCA, when submitting the appropriate statement under paragraph (2), shall send a copy of it to the senior police member of the National Crime Squad whose conduct has been investigated.
4
If —
a
the investigation related to a complaint, and
b
it is practicable to do so,
the PCA shall also send a copy of the appropriate statement to the person by or on behalf of whom the complaint was submitted.
5
The power to issue an appropriate statement includes power to issue separate statements in respect of the disciplinary and criminal aspects of the investigation.
6
No disciplinary proceedings shall be brought before the appropriate statement is submitted to the NCS Service Authority.
7
Subject to paragraph (8), neither the NCS Service Authority nor the Director of Public Prosecutions shall bring criminal proceedings before the appropriate statement is submitted to the NCS Service Authority.
8
The restriction imposed by paragraph (7) does not apply if it appears to the Director that there are exceptional circumstances which make it undesirable to wait for the submission of the appropriate statement.
9
In this regulation “appropriate statement” means a statement —
a
as to whether the investigation was or was not conducted to the PCA’s satisfaction,
b
specifying any respect in which it was not so conducted, and
c
dealing with any other matters which are matters of the kind provided for in regulations made under section 89 of the 1984 Act for the purposes of that section.
Steps to be taken after investigation
9
On receiving —
a
a report concerning the conduct of a senior police member of the National Crime Squad which is submitted to it under regulation 4(6), or
b
a copy of a report concerning the conduct of a senior police member of the National Crime Squad which is sent to it under regulation 8(1),
the NCS Service Authority shall send a copy of the report to the Director of Public Prosecutions unless the report satisfies the NCS Service Authority that no criminal offence has been committed.
Reports by PCA
10
1
The PCA may make a report to the Secretary of State on any matters coming to their notice under these Regulations to which they consider that his attention should be drawn by reason of their gravity or of other exceptional circumstances.
2
The PCA shall send a copy of any report under paragraph (1) to the NCS Service Authority and the Director General.
3
The Secretary of State shall lay before Parliament a copy of every report received by him under this regulation and shall cause every such report to be published.
4
The PCA shall send to the NCS Service Authority —
a
a copy of every report made under subsection (3) of section 97 of the 1984 Act, and
b
which the PCA consider should be brought to the NCS Service Authority’s attention in connection with its functions under section 84 of the 1997 Act.
Restriction on disclosure of information
11
1
No information received by the PCA in connection with any of their functions under these Regulations shall be disclosed by any person who is or has been a member, officer or servant of the PCA except —
a
to the Secretary of State or to a member, officer or servant of the PCA or, so far as may be necessary for the proper discharge of the functions of the PCA, to other persons;
b
for the purposes of any criminal, civil or disciplinary proceedings, or
c
in the form of a summary or other general statement made by the PCA which does not identify the person from whom the information was received or any person to whom it relates.
2
Any person who discloses information in contravention of this regulation shall be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale.
12
Where the Secretary of State makes regulations under section 99 of the 1984 Act as to the procedure to be followed under Part IX of that Act then the procedures provided for by those regulations shall be the procedures to be followed under these Regulations with the following modifications —
i
references to “appropriate authority” shall be interpreted as references to the NCS Service Authority;
ii
references to the “chief officer” shall be interpreted as references to the Director General of the National Crime Squad;
iii
references to a “complaint” shall be interpreted as references to a complaint under these Regulations; and references to a complainant shall be construed accordingly;
iv
references to a “member of a police force” shall be interpreted as references to a senior police member of the National Crime Squad;
v
references to provisions of the 1984 Act shall be interpreted as references to the equivalent provision in these Regulations.
PART II
PROCEDURE FOR HANDLING COMPLAINTS RELATING TO THE CONDUCT OF CIVILIAN MEMBERS OF THE NATIONAL CRIME SQUAD
Handling of complaints, etc.
13
1
Where a complaint regarding the conduct of a civilian member of the National Crime Squad is submitted to the Director General, he shall take any steps that appear to him to be desirable for the purpose of obtaining or preserving evidence relating to the conduct complained of.
2
After complying with paragraph (1) the Director General shall determine whether he is the appropriate authority in relation to the civilian member of the National Crime Squad whose conduct is the subject of the complaint.
3
If the Director General determines that he is not the appropriate authority, he shall —
a
send the complaint or, if it was submitted orally, particulars of it to the appropriate authority; and
b
give notice that he has done so to the person by whom or on whose behalf the complaint was submitted.
4
For the purposes of this Part of these Regulations “the appropriate authority” means —
a
in relation to a civilian member of the National Crime Squad appointed by the NCS Service Authority pursuant to the provisions of section 55(9)(b) of the 1997 Act, the NCS Service Authority; and
b
in relation to any other civilian member of the National Crime Squad, the Director General.
Investigation of complaint
14
The appropriate authority shall record the complaint and cause it to be investigated.
Notifying member of the complaint
15
The appropriate authority shall give written notice of the complaint to the civilian member concerned.
Duty to inform complainant of outcome
16
On completion of the investigation of the complaint the appropriate authority shall notify the complainant of its findings and of any action it proposes to take.
Register of complaints
17
The Director General shall maintain a register of complaints regarding the conduct of civilian members of the National Crime Squad for whom he is the appropriate authority.
Alun Michael
Minister of State
Home Office
9th March 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Teachers' Pensions (Amendment) Regulations 1998 and shall come into force on 1st November 1998, but —
a
regulations 3, 7 to 9, 12(b) and (c), 13, regulation 2 insofar as it relates to those regulations and regulation 16 shall have effect from 1st September 1998; and
b
regulation 14 and regulation 2 insofar as it relates to that regulation shall have effect from 3rd February 1998.
2
In these regulations “the Principal Regulations ” means the Teachers' Pensions Regulations 1997 .
Amendment of Principal Regulations
2
The Principal Regulations shall be amended in accordance with regulations 3 to 14.
3
After regulation A2 there shall be inserted the following regulation —
Meaning of “employer” in certain cases
A3
1
Except as provided in paragraph (2), for the purposes of these regulations a local education authority is deemed to be the employer of every person employed in, or in connection with, a school maintained by it other than a person who —
a
is employed by an Education Action Forum (except where the person is so employed by virtue of the Forum discharging any function of the governing body of the school under section 12(2)(b) of the School Standards and Framework Act 1998 ); or
b
is in the employment of an employment business.
2
However for the purposes of regulations C4(3), G6 and G8(2) to (4) the local education authority and the governing body of the school are the employer of a person who falls within paragraph (1) and where either such body has made an election under regulation C4(3), G6 or G8(2) to (4) the obligation to pay contributions pursuant to that election under regulation G8(1), G7(1)(c) or G8(5), as the case may be, shall fall on the body which made the election.
3
In this regulation “employment business” has the same meaning as in section 13(3) of the Employment Agencies Act 1973 .
.
4
In regulation B1 for paragraph (6) there shall be substituted the following paragraphs —
6
An election for the purpose of this regulation may be made at any time by giving written notice to the Secretary of State and, unless paragraph (7) applies, has effect from the first day of the month after that in which the notice was given.
7
If however the Secretary of State so specifies, the election shall have effect from a date earlier than that referred to in paragraph (6) provided that the contributions payable under regulations C3A and G8(7) are paid to the Secretary of State by the date 6 weeks after the date of the demand under regulation C18(4A) or regulation G8(8) as the case may be.
8
In these Regulations “the back period” means the period between the date specified by the Secretary of State under paragraph (7) as the date from which the election should have effect and the first day of the month after that in which the notice was given.
5
After regulation C3 there shall be inserted the following regulation —
Contributions where an election under regulation B1(6) has been made
C3A
1
This regulation applies where —
a
a person has elected under regulation B1(6) that his part-time employment should be pensionable; and
b
the Secretary of State has specified under regulation 1(7) that the election should have effect from a date earlier than the first day of the month after that in which the notice was given.
2
Where this regulation applies the person shall —
a
pay the contributions calculated in accordance with regulation C3 referable to the back period; and
b
pay interest on such contributions which have accrued on each reference date at 7% per annum, compounded with yearly rests from the reference date in question to the date of payment of the contributions, unless the Secretary of State determines that no such interest should be paid.
3
For the purposes of this regulation —
a
the first reference date is the date a year after the end of the month in which the beginning of the back period falls;
b
the next reference date is the date a year after the first reference date and each subsequent reference date is the date a year after the previous reference date; and
c
the contributions which have accrued on a reference date are the contributions which would be outstanding on that date if the person had been in pensionable employment during the back period and if contributions had not been paid in accordance with regulation C18.
.
6
In regulation C18 —
a
after paragraph (4) there shall be inserted the following paragraph —
4A
Any sum which is due under regulation C3A(2)(a) is to be paid to the Secretary of State on receipt of a written demand (without prejudice to the obligation to pay the interest referred to in regulation C3A(2)(b)).
; and
b
in paragraph (6) after “due under regulation” there shall be inserted “C3A”.
7
In regulation E1(2) for “E14” there shall be substituted “E14(1) to (5)”.
8
In regulation E14 for paragraphs (3) and (4) there shall be substituted the following paragraphs —
3
Where this regulation applies —
a
if the amount of the person’s salary in the employment during the tax year equals or exceeds (B+C−D) in any tax year, no pension shall be paid in that tax year; and
b
in any other case, the pension to which the person is entitled in any tax year shall be reduced if necessary so as to secure that the pension paid during that tax year does not exceed
A × P Q
where —
A is the amount by which the person’s salary in the employment during the tax year falls short of B+C−D,
B is, or where his previous employment was part-time, is the full-time equivalent of, the highest annual rate of contributable salary that was payable to him during the 3 years ending immediately before he became entitled to payment of the pension, or, if applicable, the highest annual rate of contributable salary that was payable to him during the 3 years ending immediately before he ceased to be employed in any pensionable employment entered into by him after he became entitled to payment of the pension, whichever is the greater,
C is the amount (if any) by which, immediately before the first day of the employment, B would have increased if it had been the annual rate of an official pension within the meaning of section 5(1) of the Pensions (Increase) Act 1971 beginning, and first qualifying for increases under that Act, on the same date as the pension,
D is any part of the pension allocated under regulation E11,
P is the full annual rate of the person’s pension during the tax year in question as increased under the Pensions (Increase) Act 1971 but disregarding the effect of paragraphs (6) or (7); and
Q is the total of —
the full annual rate of the person’s pension,
the full annual rate of compensation payable under regulation 7 (mandatory compensation for premature retirement) of the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1997 , and
the full annual rate of all compensation payable under regulation 12 (discretionary compensation for premature retirement) of those Regulations,
for the tax year in question, as increased under the Pensions (Increase) Act 1971.
4
Where a pension falls to be reduced under paragraph (3)(b) in any tax year, the Secretary of State shall pay the pension in accordance with regulation E33(4) at the rate which is appropriate without taking account of the reduction until the amount to which the pension is to be reduced (on the assumption that the person will remain in employment at the same salary for the remainder of the tax year) has been paid.
5
Once the appropriate amount of pension has been paid as mentioned in paragraph (4), no further payment shall be made during that tax year unless the person ceases to be in the employment or is in employment at a lower salary in which case the Secretary of State shall pay pension during the remainder of the tax year to the person of such amount and at such times as is necessary in order to secure the result described in paragraph (3).
6
Where the actual pension paid in any tax year has exceeded the amount which should have been paid by virtue of paragraph (3) (“the excess payment”) the retirement pension payable in the subsequent tax year shall be reduced by the excess payment.
7
Where by virtue of regulation E1(3) the retirement pension is not reduced in any tax year in accordance with paragraph (6), the retirement pension shall be reduced in the following tax year by the balance of the excess payment and this reduction shall be repeated in each tax year until the total amount of the reduction of the retirement pension is equal to the amount of the excess payment.
.
9
Regulation G5(5)(a) and (6) shall cease to have effect.
10
In regulation G8 after paragraph (6) there shall be inserted the following paragraphs —
7
Where regulation C3A applies, the employer of the person in pensionable employment shall —
a
pay contributions calculated in accordance with regulation G5 referable to the back period; and
b
pay interest on such contributions which have accrued on each reference date at 7% per annum, compounded with yearly rests from the reference date in question to the date of payment of the contributions, unless the Secretary of State determines that no such interest should be paid.
and in this paragraph “reference dates” shall be construed in accordance with regulation C3A.
8
Any sum which is due under paragraph (7)(a) shall be paid to the Secretary of State on receipt of a written demand (without prejudice to the obligation to pay the interest referred to in paragraph (7)(b)).
.
11
In regulation H3 —
a
in paragraph (2) for “information about persons who are or have been in pensionable employment” there shall be substituted “information about persons to whom this paragraph applies”.
b
after paragraph (2) there shall be inserted the following paragraphs —
3
Paragraph (2) applies to —
a
persons who are, or have been, in pensionable employment or excluded employment; and
b
persons to whom regulation E14(1) applies or has applied.
4
Without prejudice to paragraph (2) a person who has become entitled to payment of a teacher’s pension and who takes up employment such as is described in regulation E14(1) shall —
a
within 14 days of taking up such employment notify the Secretary of State giving details of the salary in the employment; and
b
within 14 days of any change in salary notify the Secretary of State.
.
12
In Schedule 1 —
a
after the definition of “Average salary” there shall be inserted —
“Back period” Construe in accordance with regulation B1(8).
;
b
after the definition of “Credited service” there shall be inserted —
“Education Action Forum” A body corporate such as is referred to in section 11 of the School Standards and Framework Act 1998.
; and
c
after the definition of “Effective reckonable service” there shall be inserted —
“Employer” (in the context of a person employed in or in connection with a school maintained by a local education authority) Construe in accordance with regulation A3.
.
13
In Schedule 2 after paragraph 1 there shall be inserted the following paragraph —
1A
Teacher not falling within paragraph 1 who is employed by an Education Action Forum.
.
14
In Schedule 10, after paragraph 28 there shall be inserted the following paragraph —
28A
1
Where regulation E5(3) applies to a person who is also entitled to an annual pension in respect of admitted service the rate of that pension is the rate calculated in accordance with paragraph 28(1) multiplied by the factor set out in Table 1 in Schedule 9 corresponding to the age of that person in complete years and months when he became entitled to payment of that pension.
2
Where regulation E6(3) applies to a person who is also entitled to a lump sum in respect of admitted service then the amount of the lump sum is the amount calculated in accordance with paragraph 28(2) multiplied by the factor set out in Table II in Schedule 9 corresponding to the age of that person in complete years and months when he became entitled to payment of that lump sum.
.
Transitional provisions
15
1
The amendments to regulations B1, C18 and G8 of the Principal Regulations made by regulations 4, 6, and 10 above and the insertion of regulation C3A into the Principal Regulations made by regulation 5 above shall not have effect where a relevant request was received by the Secretary of State before 1st November 1998.
2
For the purposes of paragraph (1) a relevant request is a request that the Secretary of State specifies, pursuant to regulation B1(6) of the Principal Regulations (as in force immediately before 1st November 1998), that an election under regulation B1 of the Principal Regulations should have effect from a date earlier than the first day of the month after that in which the notice of the election was given (whether such request was made in the notice of the election or subsequent to it).
16
1
In relation to the period starting on 1st September 1998 and ending on 5th April 1999 regulation E14 of the Principal Regulations as amended by regulation 8 shall have effect with the following modifications:
a
in paragraph (3)(a) for “the tax year” there shall be substituted “the period from 1st September 1998 to 5th April 1999 ( the initial period)” and for “that tax year” there shall be substituted “the initial period”;
b
in paragraph (3)(b) —
i
for “in any tax year” there shall be substituted “in the initial period”, and for “during that tax year” there shall be substituted “during the initial period”, and
ii
B, P and Q shall be 7/12 of the value of B, P and Q as given in paragraph (3)(b);
c
in paragraph (4) for “in any tax year” there shall be substituted “in the initial period” and for “the tax year” there shall be substituted “the initial period”;
d
in paragraph (5) for “that tax year” there shall be substituted “the initial period” and for “the tax year” there shall be substituted “the initial period”;
e
in paragraphs (6) and (7) for “in any tax year” there shall be substituted “during the initial period”.
Election in respect of protected benefits
17
1
This regulation applies to a person —
a
to whom a protected benefit is being paid or may become payable, and
b
who is placed in a worse position than he would have been in if a provision made by these regulations (“the relevant provision”) had not applied in relation to the protected benefit.
2
A protected benefit is one which is being paid or may become payable, under the Principal Regulations, to or in respect of a person who was employed in qualifying employment but ceased to be employed, or died, before 1st November 1998.
3
A person to whom this regulation applies may, by giving written notice to the Secretary of State before 1st February 1999, elect that the relevant provision shall not apply in relation to the protected benefit.
4
If the election under paragraph (3) is made in relation to a benefit of a person who is in pensionable employment or who subsequently becomes re-employed in pensionable employment —
a
the election shall have effect in relation to the benefit only to the extent that it accrues or has accrued by virtue —
i
of periods of reckonable service before the cessation referred to in paragraph (2) (or, if there had been more than one cessation, the last of them before 1st November 1998); or
ii
of contributions paid in respect of such periods of reckonable service; and
b
in determining entitlement to, or to the amount of, the benefit to that extent he shall be treated as if he had never re-entered pensionable employment again at any time after the cessation referred to in paragraph (2) (but without prejudice to the application of this paragraph),
and the Principal Regulations shall apply accordingly.
5
In paragraph (2) “qualifying employment” means pensionable employment or excluded employment (within the meaning of the Principal Regulations).
Charles Clarke
Parliamentary Under Secretary of State,
Department for Education and Employment
21st September 1998
We consent
Jim Dowd
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury.
23rd September 1998


text:
Title and commencement
1
This Order may be cited as the Sea Fishing (Enforcement of Community Quota Measures) Order 1998 and shall come into force on 14th March 1998.
Interpretation
2
1
In this Order —
“British fishing boat” means a boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands;
“the Council Regulation” means Council Regulation ( EC ) No. 45/98 fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1998 and certain conditions under which they may be fished ;
“specified Community provision” means a provision of the Council Regulation specified in column 1 of the Schedule to this Order as read with the qualifying words relating to that provision in that column.
2
In this Order any reference to a document includes, in addition to a document in writing —
a
any map, plan, graph or drawing;
b
any photograph;
c
any disk, tape, sound track or other device in which sounds or other data are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and
d
any film (including microfilm), negative, tape, disk or other device in which one or more visual images are recorded so as to be capable (as aforesaid) of being reproduced therefrom.
3
For the purpose of the prohibition contained in Article 10 of the Council Regulation the harbours at which a fishing boat to which this Order applies may land catches of fish containing unsorted herring are —
a
Aberdeen;
b
Lerwick;
c
any other harbour within British fishery limits whose sampling systems a British sea-fishery officer at that harbour decides, having regard to the overall size and characteristics of the catch, to be adequate for the purpose following application by the master of the boat to a British sea-fishery officer at that harbour before the landing of the catch,
and where a British sea-fishery officer has made a decision as to the adequacy of a harbour in accordance with sub-paragraph (c) above he shall notify the master of the boat accordingly.
Offences
3
Where there is, in respect of —
a
any British fishing boat wherever it may be; or
b
any other fishing boat which is within British fishery limits,
a contravention of, or failure to comply with, any specified Community provision, the master, the owner and the charterer (if any) shall each be guilty of an offence.
Penalties
4
1
A person guilty of an offence under article 3 of this Order shall be liable on summary conviction —
a
to a fine not exceeding the amount specified in column 3 of the Schedule to this Order in relation to the specified Community provision, the contravention of, or failure to comply with which, founded the offence; and
b
either —
i
to a fine not exceeding the value of any fish in respect of which the offence was committed; or
ii
to the forfeiture of any fish in respect of which the offence was committed; and
c
to the forfeiture of any net or other fishing gear which was used in the course of the commission of the offence.
2
A person guilty of an offence under article 3 of this Order shall be liable on conviction on indictment —
a
to a fine; and
b
to the forfeiture of any fish in respect of which the offence was committed; and
c
to the forfeiture of any net or other fishing gear which was used in the course of the commission of the offence.
Recovery of fines
5
1
Where a fine is imposed by a magistrates' court in England and Wales or Northern Ireland on the master, owner or charterer of a fishing boat who is convicted by the court of an offence under article 3 of this Order, the court may —
a
issue a warrant of distress against the boat and its gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.
2
Where a fine is imposed by a sheriff in Scotland on the master, owner or charterer of a fishing boat who is convicted by the sheriff of an offence under article 3 of this Order, the sheriff may —
a
issue a warrant for the arrestment and sale of the boat and its gear and catch and any property of the person convicted; and
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid, whichever occurs first.
3
Sections 77(1) and 78 of the Magistrates' Courts Act 1980 (postponement of issue of, and defects in, warrants of distress) shall apply to a warrant of distress issued under this article in England and Wales as they apply to a warrant of distress issued under Part III of that Act.
4
Articles 114(2) and 154 of the Magistrates' Courts (Northern Ireland) Order 1981 (postponement of issue of certain warrants and objections as to want of form or variance between complaint etc. and evidence adduced) shall apply to a warrant of distress issued under this article in Northern Ireland as it applies to a warrant referred to in those articles.
Powers of British sea-fishery officers in relation to fishing boats
6
1
For the purpose of enforcing article 3 of this Order a British sea-fishery officer may exercise in relation to —
a
any British fishing boat wherever it may be; or
b
any other fishing boat which is within British fishery limits,
the powers conferred by paragraphs (2) to (4) of this article.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and may require the boat to stop and do anything else which will facilitate either the boarding of, or the disembarkation from, the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) of this article and, in particular —
a
may search for fish or fishing gear on the boat and may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to any fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession;
c
for the purpose of ascertaining whether an offence has been committed under article 3 of this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search including rendering all documents on the boat’s computer systems into a visible and legible form;
d
inspect and take copies of any such document produced to him or found on board and, where any such document is kept by means of a computer, require it to be produced in a form in which it may be taken away; and
e
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (e) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that an offence under article 3 of this Order has at any time been committed, he may —
a
require the master of the boat in relation to which the offence took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Powers of British sea-fishery officers on land
7
1
For the purpose of enforcing the provisions of article 3 of this Order, any British sea-fishery officer may —
a
enter and inspect at any reasonable time any premises used for carrying on any business in connection with the operation of fishing boats or activities connected therewith or ancillary thereto or with the treatment, storage or sale of sea fish;
b
take with him such other persons as appear to him to be necessary and any equipment or materials;
c
examine any fish on the premises and require persons on the premises to do anything which appears to him to be necessary for facilitating the examination;
d
carry out at such premises such other inspections or tests as may reasonably be necessary;
e
require any person not to remove or cause to be removed any fish from such premises for such a period as may be reasonably necessary for the purposes of establishing whether an offence under article 3 of this Order has at any time been committed;
f
require any person on the premises to produce any documents which are in his custody or possession relating to the catching, landing, transportation, trans-shipment, sale or disposal of any sea fish;
g
for the purpose of ascertaining whether any person on the premises has committed an offence under article 3 of this Order, search the premises for any such document and may require any person on the premises to do anything which appears to him to be necessary for facilitating the search including rendering all documents on computer systems into a visible and legible form;
h
inspect and take copies of any such document produced to him or found on the premises and, where any such document is kept by means of a computer, require it to be produced in a form in which it may be taken away; and
i
if he has reason to suspect that such an offence has been committed, seize and detain any such document produced to him or found on the premises for the purpose of enabling the document to be used as evidence in proceedings for the offence.
2
The provisions of paragraph (1) above shall apply mutatis mutandis in relation to any land used in connection with any of the activities described in paragraph (1) above, or in respect of any vehicle which a British sea-fishery officer has reasonable cause to believe is being used to transport fisheries products, as they apply in relation to premises and, in the case of a vehicle, shall include power to require the vehicle to stop at any time and, if necessary, direct the vehicle to some other place to facilitate the inspection.
Powers of British sea-fishery officers to seize fish and fishing gear
8
A British sea-fishery officer may seize —
a
any fish (including any receptacle which contains the fish) in respect of which he has reasonable grounds to suspect that an offence under article 3 of this Order has been committed; and
b
any net or other fishing gear which he has reasonable grounds to suspect has been used in the course of the commission of such an offence.
Protection of officers
9
An officer or a person assisting him by virtue of article 6(2) or 7(1)(b) of this Order shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by articles 6 to 8 of this Order if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care.
Obstruction of officers
10
Any person who —
a
fails without reasonable excuse to comply with any requirement imposed by a British sea-fishery officer under the powers conferred on British sea-fishery officers by articles 6 and 7 of this Order;
b
without reasonable excuse prevents, or attempts to prevent, any other person from complying with any such requirement; or
c
assaults an officer who is exercising any of the powers conferred on British sea-fishery officers by articles 6 to 8 of this Order or intentionally obstructs any such officer in the exercise of any of those powers,
shall be guilty of an offence and liable —
i
on summary conviction to a fine not exceeding the statutory maximum; or
ii
on conviction on indictment to a fine.
Provisions as to offences and proceedings
11
1
Where any offence under article 3 of this Order committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of the offence and liable to be proceeded against and punished accordingly.
2
Where any offence under article 3 of this Order committed by a 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 shall be guilty of the offence and liable to be proceeded against and punished accordingly.
3
Where any offence under article 3 of this Order committed by an unincorporated association (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the association or any member of its governing body, he as well as the association shall be guilty of the offence and liable to be proceeded against and punished accordingly.
4
Proceedings for an offence under the provisions of this Order may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
Admissibility in evidence of logbooks and other documents
12
Any document kept or held on board under Article 5 of Council Regulation ( EEC ) No. 2241/87 establishing certain control measures for fishing activities or Article 6 or 17.2 of Council Regulation (EEC) No. 2847/93 establishing a control system applicable to the common fisheries policy , any declaration submitted under Article 8.1, 12 or 17.2 of Council Regulation 2847/93 and any document drawn up under Article 9 or 13 of Council Regulation 2847/93 shall, in any proceedings for an offence under this Order —
a
in England, Wales or Northern Ireland, be evidence of the matters stated therein; and
b
in Scotland, be received in evidence without being produced or sworn to by any witness and shall be sufficient evidence of the matters stated therein.
Amendment of the Sea Fishing (Enforcement of Community Conservation Measures) Order 1997
13
Article 2(1) of the Sea Fishing (Enforcement of Community Conservation Measures) Order 1997 shall be amended, in the definition of “the Council Regulation”, by inserting after the word “resources” the words “as read with Council Regulation (EC) No. 45/98 fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1998 and certain conditions under which they may be fished; ”.
Revocation
14
The Sea Fishing (Enforcement of Community Quota Measures) Order 1997 is hereby revoked.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
10th February 1998
Sewel
Parliamentary Under Secretary of State, Scottish Office
10th February 1998
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
11th February 1998
Marjorie Mowlam
Secretary of State for Northern Ireland
10th February 1998


text:
1
This Order may be cited as the Public Telecommunication System Designation (Qwest Communications International Limited) Order 1998 and shall come into force on 7th January 1999.
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
3rd December 1998


text:
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (Ireland) Order 1998.
2
It is hereby declared —
a
that the arrangements specified in the Protocol set out in the Schedule to this Order, which vary the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Republic of Ireland) Order 1976 , as amended by the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Republic of Ireland) ( No. 2) Order 1976 and by the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Republic of Ireland) Order 1995 , have been made with the Government of Ireland with a view to affording relief from double taxation in relation to income tax, corporation tax or capital gains tax and taxes of a similar character imposed by the laws of Ireland; and
b
that it is expedient that those arrangements should have effect.
A.K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Stockport Healthcare National Health Service Trust (Establishment) Amendment Order 1998 and shall come into force on 28th September 1998.
Amendment of Establishment Order
2
For article 3 of the Stockport Healthcare National Health Service Trust (Establishment) Order 1993 (nature and functions of the trust) there shall be substituted the following article: —
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more Health Authorities) shall be: —
a
to provide and manage pursuant to section 5(1)(b) of the Act:
i
Stepping Hill Hospital, Poplar Grove, Stockport SK2 7JE,
ii
St. Thomas' Hospital, Shaw Heath, Stockport, Cheshire SK3 8BL,
iii
Tree Tops Hospital, Dale Road, Marple, Stockport, Cheshire SK8 6NG,
iv
Cherry Tree Hospital, Cherry Tree Lane, Stockport, Cheshire SK2 7PZ,
v
Ollersett Hospital, Low Leighton Road, New Mills, Derbyshire SK12 4LS,
and other hospitals, establishments and facilities in the area of Stockport Health Authority, and there to provide and manage hospital accommodation and services; and
b
to provide and manage pursuant to section 5(1)(b) of the Act, The Meadows, Offerton House Site, Marple Road, Stockport, Cheshire SK2 5EA, and other hospitals, establishments and facilities in the area of Stockport Health Authority, and from there to provide and manage community health services.
.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,
Department of Health
17th September 1998


text:
Citation and commencement
1
This Order may be cited as the Bromley Hospitals National Health Service Trust (Establishment) Amendment (No. 2) Order 1998 and shall come into force on 19th October 1998.
Amendment of Establishment Order
2
For article 3 of the Bromley Hospitals 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)(b) 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 provide and manage pursuant to section 5(1)(b) of the Act any or all of the following–
i
Beckenham Hospital, Croydon Road, Beckenham, Kent BR3 3QL;
ii
Bromley Hospital, Cromwell Avenue, Bromley, Kent BR2 9AJ;
iii
Farnborough Hospital, Farnborough Common, Orpington, Kent BR6 8ND;
iv
Orpington Hospital, Sevenoaks Road, Orpington, Kent BR6 9JU; and
v
an acute general hospital at Farnborough Common, Orpington, Kent; and
b
to provide and manage pursuant to section 5(1)(b) of the Act any other hospitals, establishments or facilities in the area of Bromley Health Authority associated with the reprovision in whole or in part of any of the hospitals, establishments and facilities listed in paragraphs (a)(i) to (v) above; and
c
to provide and manage hospital accommodation and services at any or all of the hospitals, establishments or facilities referred to in paragraphs (a) and (b) above.
Signed by authority of the Secretary of State for Health.
Alan Milburn
Minister of State,
Department of Health
5th October 1998