text:
Citation and commencement
1
These Regulations may be cited as the Telecommunications (Open Network Provision) (Voice Telephony) Regulations 1998 and shall come into force on 21st July 1998.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Telecommunications Act 1984 ;
“ the Commission ” means the Commission of the European Communities;
“consumer” means any natural person who uses a publicly available telecommunications service for purposes which are outside his trade, business or profession;
“Data Protection Registrar” means the holder of the office originally established by section 3(1)(a) of the Data Protection Act 1984 as the office of Data Protection Registrar;
“ the Director ” means the Director General of Telecommunications appointed under section 1 of the Act;
“directory information” means, in the case of directories, the name, address and telephone number of the subscriber and, in the case of a directory information service, may include the telephone number only of the subscriber or information that the telephone number of the subscriber may not be supplied;
“directory information service” means directory information provided over a telephone system;
“the EEA ” means the European Economic Area;
“the EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2 May 1992 as adjusted by the Protocol signed at Brussels on 17 March 1993;
“fixed publicly available telephone service” means the provision to end-users at fixed locations of a service for the originating and receiving of national and international calls, including voice telephony services and may include, in addition, access to emergency “112” services, the provision of operator assistance, directory services, provision of public pay-telephones, provision of service under special terms or provision of special facilities for customers with disabilities or with special social needs but does not include value added services provided over the public telephone system;
“fixed public telephone network” means the public switched telecommunications network which supports the transfer between network termination points at fixed locations of speech and 3.1 kHz bandwidth audio information, to support inter alia:
voice telephony,
facsimile Group III communications, in accordance with ITU-T Recommendations in the “T-series”,
voice band data transmission via modems at a rate of at least 2,400 bit/s, in accordance with ITU-T Recommendations in the “V-series”; and
where access to the end-user’s network termination point is via a number or numbers in the national numbering plan;
“fixed public telephone system” means the telecommunication systems run by a person under a licence which has been granted under section 7 of the Act whether to a particular person, persons of a class or persons generally, and which form part of the fixed public telephone network and by means of which fixed publicly available telephone services are provided;
“the Interconnection Regulations ” means the Telecommunications (Interconnection) Regulations 1997 ;
“licence” means a licence granted under section 7 of the Act;
“major office” means for the purpose of regulation 18(1)(b), the systemless service provider’s registered office and such other offices as the Director, having consulted the systemless service provider, may direct;
“mobile public telephone network” means the telecommunication systems run under licences whether granted under section 7 of the Act to a particular person or persons of a class by means of which publicly available mobile telephone services are provided at network termination points which are not at fixed locations;
“number portability” means a facility whereby subscribers who so request can retain their number on the fixed public telephone network at a specific location independent of the organisation providing service;
“the ONP Framework Directive ” means Council Directive 90/387/ EEC on the establishment of the internal market for telecommunications services through the implementation of open network provision as amended by European Parliament and Council Directive 97/51/ EC for the purpose of adaptation to a competitive environment in telecommunica tions;
“ ONP Committee” means the Committee created by Article 9(1) of the ONP Framework Directive;
“operator having significant market power” means (i) a public operator which the Director has determined to be an operator having significant market power in accordance with regulation 6(1) below; or (ii) a systemless service provider which the Director has determined to be an operator having significant market power in accordance with regulation 6(2) below;
“process” means to obtain, record or hold data or information or to carry out any operation or set of operations on the data or information, including;
organisation, storage, adaptation or alteration of the data or information;
retrieval, consultation or use of the data or information;
disclosure of the data or information by transmission, dissemination or otherwise making available; or
alignment, combination, blocking, erasing or destruction of the data or information;
and “processing” shall be interpreted accordingly;
“publicly available telephone services” means either fixed publicly available telephone services or publicly available mobile telephone services or both;
“publicly available mobile telephone services” means a telephony service whose provision consists, wholly or partly, in the establishment of radiocommunications to one mobile user, and makes use wholly or partly of a mobile public telephone network;
“public operator” means a person to whom a licence has been granted under section 7 of the Act authorising the running of a public telephone system and the provision of publicly available telephone services;
“public pay-telephone” means a telephone available to the general public for the use of which the means of payment are one or more of the following: —
coins;
credit cards;
debit cards; and
pre-payment cards;
“public telephone system” means telecommunication systems forming part of the fixed public telephone network or a mobile public telephone network;
“the 1997 Regulations ” means the Telecommunications (Voice Telephony) Regulations 1997 ;
“relevant data protection legislation” means the Data Protection Act 1984 and from 24 October 1998 Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and Directive 97/66/EC of the European Parliament and of the Council concerning the processing of personal data and the protection of privacy in the telecommunications sector ;
“the Revised Voice Telephony Directive ” means Directive 98/10/EC of the European Parliament and of the Council on the application of open network provision to voice telephony and on universal service for telecommunications in a competitive environment ;
“systemless service provider” means a person who provides publicly available telephone services but who does not run a telecommunication system within the meaning of section 4 of the Act by means of which such services are provided;
“subscriber” means a person who is party to a contract with the provider of publicly available telecommunications services for the supply of such services;
“the Terminal Equipment Regulations ” means the Telecommunications Terminal Equipment Regulations 1992 ;
“universal service” means a defined minimum set of services of specified quality which is available to all users independent of their geographical location and, in the light of specific national conditions, at an affordable price;
“user” means a person using or requesting publicly available telecommunications services;
“the Voice Telephony Directive ” means Directive 95/62/EC of the European Parliament and of the Council on the application of open network provision (ONP) to voice telephony ;
“voice telephony licence” means a licence granted under section 7 of the Act to a particular person or to persons of a class or to persons generally and which authorises the running of a public telephone system and the provision of publicly available telephone services; and
“voice telephony service” means a service available to the public for the commercial provision of direct transport of real-time speech via the public switched network or networks such that any user can use equipment connected to a network termination point at a fixed location to communicate with another user of equipment connected to another termination point.
2
Any expression used in these Regulations which is also used in the Revised Voice Telephony Directive has the same meaning in these Regulations as it has in that Directive.
3
Except where the context otherwise requires and subject to paragraphs (1) and (2), any expression used in these Regulations which is also used in the Act has the same meaning in these Regulations as it has in the Act.
EEA Agreement
3
Consequent upon the extension of the Voice Telephony Directive to the EEA by decision No 25/98 of the EEA Joint Committee which came into force on 1 April 1998, Regulations 1 to 3 and 9 of the 1997 Regulations and Voice Telephony Conditions VTD1, VTD8, VTD9 and VTD10 in Schedule 1 to those Regulations are hereby extended to have effect in respect of Contracting Parties to the EEA Agreement and in Regulation 9 and the Voice Telephony Conditions the words “member State” shall be interpreted as meaning a Contracting Party to that Agreement.
Revocations
4
1
Regulations 4 to 8 and Schedules 2 to 4 of the 1997 Regulations are hereby revoked.
2
In Schedule 1 to the 1997 Regulations and in the relevant Licences within the meaning of the 1997 Regulations, Conditions VTD2 to VTD7 and VTD11 to VTD16 in Schedule 1 to the Voice Telephony Conditions are hereby revoked and Conditions VTD1, VTD8, VTD9 and VTD10 are revoked insofar as they regulate actions of a relevant Licensee in respect of any person who is resident in a member State of the European Community as regards telecommunications services provided by or to such a person.
Scope
5
1
Regulations 9, 10, 13(b), 14, 15, 16, 17(1) and 18 apply to the running of mobile public telephone networks or to the provision of publicly available mobile telephone services or both.
2
Save as provided in paragraph (1) above these Regulations do not apply to the running of mobile public telephone networks or to the provision of publicly available mobile telephone services or both.
Significant Market Power
6
1
For the purposes of the Revised Voice Telephony Directive and of these Regulations, the Director shall determine, in accordance with paragraph (3) below on the coming into force of these Regulations and from time to time, whether a public operator is an operator having significant market power which provides:
a
a fixed public telephone system; or
b
voice telephony services; or
c
both such a system and such services.
2
For the purposes of the Revised Voice Telephony Directive and of these Regulations, the Director shall determine in accordance with paragraph (3) below, on the coming into force of these Regulations and from time to time, whether a systemless service provider providing voice telephony services is an operator having significant market power.
3
In making such a determination under paragraphs (1) or (2) above it shall be presumed that:
a
a public operator which has 25% or more of the relevant market in the geographical area within which it is licensed to operate has significant market power;
b
a systemless service provider which has 25% or more of the relevant market in the United Kingdom has significant market power; and
c
a public operator which has less than 25% of the relevant market in the geographical area within which it is licensed to operate does not have significant market power;
d
a systemless service provider which has less than 25% of the relevant market in the United Kingdom does not have significant market power;
unless having regard to the public operator’s or systemless service provider's, as the case may be, ability to influence market conditions, turnover relative to the size of the market, control of the means of access to end-users, access to financial resources and experience in providing products and services in the market, the Director determines the contrary.
4
The Director shall notify the Secretary of State of the determinations which he has made under paragraphs (1) and (2) above and the Secretary of State shall notify determinations under paragraphs (1) and (2) to the Commission.
Availability of services
7
1
In exercising their functions under Part II and sections 47 to 49 of the Act and under these Regulations, the Secretary of State and the Director shall:
a
ensure that fixed publicly available telephone services, including directory services and the provision of public pay-telephones, are available to all users at an affordable price; and
b
ensure that any scheme designed to ensure affordability follows the principles of transparency and non-discrimination and takes into account the views of interested parties in accordance with regulation 36 below.
2
The Director shall publish:
a
rules and criteria for ensuring affordability; and
b
regular reports on tariffs.
Provision of network connections and access to telephone services
8
1
In exercising their functions under Part II and sections 47 to 49 of the Act, the Secretary of State and the Director shall ensure that throughout the United Kingdom all reasonable requests for connection to a fixed public telephone system at a fixed location and access to fixed publicly available telephone services are met by at least one public operator and may, if necessary, designate one or more public operators to meet such requests.
2
The connection provided shall be capable of allowing users to make and receive national and international calls, supporting speech, and facsimile or data communications or both.
Directory services — public operators
9
1
In exercising their functions under Part II and sections 47 to 49 of the Act, the Secretary of State and the Director shall ensure that subscribers provided with publicly available telephone services have the right to an entry in both publicly available telephone directories and directory information services and to verify, correct or request removal of that entry.
2
In exercising their functions under Part II and sections 47 to 49 of the Act, the Secretary of State and the Director shall ensure that public telecommunications operators running a public telephone system make available to end-users receiving publicly available telephone services by means of that operator’s system, on request:
a
publicly available telephone directories which satisfy the requirements in paragraph (3) below; and
b
subject to regulation 13(b)(i), a directory information service which satisfies the requirements in paragraph (4) below.
3
The publicly available telephone directories referred to in paragraphs (1) and (2)(a) above shall:
a
cover all subscribers, including subscribers provided with publicly available telephone services by any other person, save those who have expressed opposition to being listed; and
b
whether printed or electronic, or both, be in a form approved by the Director, and be updated on a regular basis.
4
The directory information service referred to in paragraphs 1 and (2)(b) above shall cover all subscribers, including subscribers provided with publicly available telephone services by any other person, save those who have expressed opposition to having their numbers included.
5
In exercising their functions under Part II and sections 47 to 49 of the Act, the Secretary of State and the Director shall ensure that public telecommunications operators in providing publicly available telephone directories and a directory information service:
a
follow the principle of non-discrimination in their treatment and presentation of the information provided to them; and
b
comply with relevant data protection legislation when processing any data or information pursuant to this regulation.
6
In exercising their functions under Part II and sections 47 to 49 of the Act, the Secretary of State and the Director shall ensure that persons running a telecommunication system and to whom telephone numbers have been allocated:
a
meet reasonable requests to make available the relevant details of their subscribers and of any other end-user to whom a telephone number allocated to that person has been allotted, for the purpose of enabling public telecommunications operators to comply with the obligations in paragraph (2) above;
b
provide the information on terms which are fair, cost-oriented and non-discriminatory, and in a format which is agreed between the provider and recipient of the information, or where no agreement is reached, in a format which is approved by the Director; and
c
comply with relevant data protection legislation when processing any data or information pursuant to these Regulations.
Directory services — systemless service providers
10
1
Where a systemless service provider has a contract with a subscriber for the provision of publicly available telephone services in respect of which a telephone number has been allocated to that subscriber (whether or not by the systemless service provider) the systemless service provider shall ensure that:
a
directory information concerning that subscriber, in relation to services provided by the systemless service provider to that subscriber, is included in a publicly available telephone directory, and as part of a directory information service provided to end-users;
b
the subscriber has the right to verify, correct or request removal of such directory information relating to that subscriber; and
c
it complies with relevant data protection legislation when processing any data or information pursuant to this regulation.
2
a
The publicly available telephone directories referred to in paragraph (1)(a) above shall comply with the requirements set out in regulation (9)(3) above; and
b
The directory information service referred to in paragraph (1)(a) above shall comply with the requirement set out in regulation 9(4) above.
3
The obligation in paragraph (1) above applies whether or not such directory or directory information service is provided to that subscriber by the systemless service provider, or by another person.
4
The obligation in paragraph (1) above does not apply to the extent that a subscriber has expressed opposition to inclusion of directory information about him in a publicly available telephone directory or as part of a directory information service provided to end-users.
5
The systemless service provider may charge its subscribers a reasonable fee for inclusion of directory information in a publicly available telephone directory or as part of the directory information service referred to in paragraph (1) above.
6
Where the systemless service provider has been allocated telephone numbers by a person other than the Director, the systemless service provider shall on request in accordance with sub-paragraph (8) below, supply to:
a
the person who allocated such telephone numbers to the systemless service provider; or
b
if different from the person referred to in paragraph (a) above, the licensee who was allocated such telephone numbers by the Director;
the name, address and telephone number of the systemless service provider’s subscribers and of other end-users allotted telephone numbers from the telephone numbers allocated to the systemless service provider.
7
The systemless service provider shall supply the information specified in paragraph (6) above for the purpose of enabling the person requesting the information to:
a
comply with its obligations under regulation 9;
b
meet any request made to that person in accordance with regulation 9 or paragraph (6) above.
8
The systemless service provider shall supply information in accordance with paragraph (6) above:
a
at the reasonable request of the person requesting the information unless the person requesting the information does not undertake to process such data or information in accordance with any code of practice issued or approved by the Data Protection Registrar, or the systemless service provider has reasonable grounds to believe that the person requesting the information will not comply with relevant data protection legislation;
b
after taking account of opposition expressed by any subscriber to inclusion of directory information about that subscriber in a publicly available telephone directory or as part of a directory information service; and
c
on terms which are fair, cost-oriented and non-discriminatory, and in a format which is agreed between the systemless service provider and the person requesting the information, or where no agreement is reached, in a format which is approved by the Director.
9
Where the systemless service provider supplies, to any person, pursuant to this regulation, data or information subject to any code of practice issued or approved by the Data Protection Registrar, the systemless service provider shall secure that such person undertakes to process such data or information in accordance with such code.
Public pay-telephones
11
1
In exercising their functions under Part II and sections 47 to 49 of the Act, and with respect to sub-paragraph (a) except in relation to any specific geographical area where the condition set out in paragraph (2) is satisfied, the Secretary of State and the Director shall ensure that:
a
public pay-telephones are provided to meet the reasonable needs of users in terms of both numbers and geographical coverage;
b
emergency calls may be made from public pay-telephones using the single European emergency call number “112” and the national emergency call number “999” free of charge and without having to use coins or cards.
2
The obligation in paragraph (1)(a) above does not apply in respect of any specific geographical area in relation to which the Director has published a decision that he is satisfied that public pay-telephones are widely available.
Specific measures for disabled users
12
In exercising their functions under Part II and sections 47 to 49 of the Act, the Secretary of State and the Director shall, where appropriate, take specific measures to ensure equal access to and affordability of fixed publicly available telephone services for disabled users and users with special social needs.
Connection of terminal equipment and use of the networks — public operators
13
In exercising their functions under Part II and sections 47 to 49 of the Act, the Secretary of State and the Director shall ensure that:
a
all users provided with a connection to a fixed public telephone system may connect and use terminal equipment suitable for the connection provided; and
b
all users provided with a connection to a fixed public telephone system or to a mobile public telephone network or both, have access to:
i
operator assistance services and a directory information service which complies with regulation 9(4) above unless:
aa
the subscriber decides otherwise; or
bb
in the case of services which incur a charge to the subscriber, due warning of disconnection has been given to the subscriber in accordance with a direction made by the Director under regulation 34 below; and
ii
emergency services, free of charge, using the single European emergency call number “112” and the national emergency call number “999”.
Connection of terminal equipment and use of the networks — systemless service providers
14
Systemless service providers shall be under a duty to ensure that users provided by them with a connection to a fixed public telephone system or to a mobile public telephone network or both have access to:
a
operator assistance services and a directory information service which complies with regulation 9(4) above unless:
i
the subscriber decides otherwise; or
ii
in the case of services which incur a charge to the subscriber, due warning of disconnection has been given to the subscriber in accordance with a direction made by the Director under regulation 35 below; and
b
emergency services, free of charge, using the single European emergency call number “112” and the national emergency call number “999”.
Contracts — public operators
15
1
In exercising their functions under Part II and sections 47 to 49 of the Act, the Secretary of State and the Director shall ensure that public operators providing access to a fixed public telephone system or a mobile public telephone network or both shall, except where an existing contract complies with the requirements set out in paragraphs (2) and (3) below, offer to enter into, with each of its subscribers, either:
a
a new written contract; or
b
a written variation of an existing contract,
which new contract or contract as varied complies with the requirements set out in paragraphs (2) and (3) below.
2
The contract referred to in paragraph (1) above shall specify the service to be provided or shall make reference to publicly available terms and conditions.
3
The contract or publicly available terms and conditions shall specify at least:
a
the supply time for initial connection;
b
the maintenance service offered;
c
the compensation or refund arrangements for subscribers if the contracted service is not provided or both;
d
a summary of the dispute resolution procedures in accordance with regulation 37 below; and
e
information on service quality levels offered.
4
The Director may direct, on his own initiative or following a request by an organisation representing user or consumer interests, that the conditions of contracts and of compensation or refund schemes or both which have been provided by public operators providing access to a fixed public telephone system or a mobile public telephone network or both, insofar as they concern matters subject to the provisions of these Regulations, shall be altered in order to protect the rights of users or subscribers or both. Any person who is a party to such contract shall be under a duty to comply with any such direction.
Contracts — systemless service providers
16
1
A systemless service provider providing access to a fixed public telephone system or a mobile public telephone network or both shall be under a duty, except where an existing contract complies with the requirements set out in paragraphs 15(2) and (3) above, to offer to enter into, with each of its subscribers, either:
a
a new written contract; or
b
a written variation of an existing contract;
which new contract or contract as varied complies with the requirements set out in paragraphs 15(2) and (3) above.
2
The Director may determine, on his own initiative or following a request by an organisation representing user or consumer interests, that the conditions of contracts and of compensation or refund schemes or both provided by systemless service providers providing access to a fixed public telephone system or a mobile public telephone network or both, insofar as they concern matters subject to the provisions of these Regulations, shall be altered in order to protect the rights of users or subscribers or both. Systemless service providers and any other party to a contract shall be under a duty to comply with any determination made by the Director.
Publication of and access to information — public operators
17
1
In exercising their functions under Part II and sections 47 to 49 of the Act, and these Regulations, the Secretary of State and the Director shall ensure that public operators publish adequate and up-to-date information for consumers on their standard terms and conditions with regard to access to and use of a public telephone system or the provision of publicly available telephone services or both, and tariffs for end-users, any minimum contractual period, if relevant, and conditions of renewal of the contracts are presented clearly and accurately.
2
In exercising their functions under Part II and sections 47 to 49 of the Act, the Secretary of State and the Director shall ensure that public operators authorised to run a fixed public telephone system provide to the Director:
a
details of technical interface specifications as identified in Schedule II;
b
details of changes in existing network interface specifications, including information on new network interface specifications in advance of implementation; and
c
details of any particular network characteristics which are found to affect the correct operation of terminal equipment.
3
The Director may lay down a suitable period of notice before the changes referred to in paragraph (2)(b) above may be implemented.
4
The Director shall:
a
ensure that the information to which reference is made in paragraph (2)(a) and (b) above and in regulations 19(4), 21(5), 26(5) and 34(2) is made available in an appropriate manner in order to provide easy access to that information for interested parties;
b
publish, or ensure that there is published, a notice in the London, Edinburgh and Belfast Gazettes specifying the manner in which the information referred to in paragraph (a) above is made available; and
c
make the information referred to in paragraph (2)(c) above available on request to terminal equipment suppliers.
Publication of and access to information — systemless service providers
18
1
a
Systemless service providers shall be under a duty to publish adequate and up-to-date information for consumers on their standard terms and conditions with regard to access to a public telephone system or the provision of publicly available telephone services or both, and tariffs for end-users, any minimum contractual period, if relevant, and conditions of renewal of the contracts shall be presented clearly and accurately.
b
Publication of the information specified in paragraph (a) above shall be effected by placing a copy of such information in a publicly accessible part of every major office of the systemless service provider in such manner and in such place that it is readily available for inspection free of charge by members of the general public during such hours as:
i
the Director may by notice prescribe; or
ii
in the absence of such notice having been given, during normal office hours;
and by sending a copy of such information or such part or parts thereof as are appropriate to any consumer who may request such a copy.
2
The Director shall ensure that the information to which reference is made in regulations 20(5), 21(5) and 35(2) is made available in an appropriate manner in order to provide easy access to that information for interested parties. The Director shall publish or ensure that there is published a notice in the London, Edinburgh and Belfast Gazettes specifying the manner in which information is made available.
Quality of service — public operators
19
1
The Director may, by direction:
a
set quality standards for publicly available telephone services with which any public operator or category of public operator shall comply in accordance with the provisions set out in this regulation; and
b
set performance targets in particular for public operators which are operators having significant market power, or which have been designated in accordance with regulation 8 above in order to meet the quality standards referred to in paragraph (a) above.
2
In exercising their functions under Part II and sections 47 to 49 of the Act, the Secretary of State and the Director shall ensure that public operators which are operators having significant market power or which have been designated in accordance with regulation 8 above keep and provide to the Director on request up-to-date information concerning their performance based on the parameters, definitions and measurement methods laid down in Schedule III.
3
The Director may:
a
direct that public operators which have been running a fixed public telephone system for more than 18 months keep and provide to him on request the information referred to in paragraph (2) above;
b
by direction set performance targets for public operators having significant market power or which have been designated in accordance with regulation 8 above where such targets do not exist already; and
c
by making a direction call for independent audits of the performance data in order to ensure the accuracy and comparability of the data made available in accordance with paragraphs (2) and (3)(a) above.
4
In exercising his functions under Part II and sections 47 to 49 of the Act, the Director shall ensure publication, in accordance with regulation 17 above of the quality standards and performance targets referred to in paragraph (1) above where appropriate and, taking into account the views of interested parties in accordance with the provisions of regulation 36.
Quality of service — systemless service providers
20
1
The Director may:
a
set quality standards with which any systemless service provider or category of systemless service provider shall comply; and
b
set performance targets in particular for systemless service providers which are operators having significant market power in the provision of voice telephony services.
2
Systemless service providers shall be under a duty to comply with:
a
any standards set by the Director in accordance with paragraph (1)(a) above; and
b
any performance targets set by the Director in accordance with paragraph (1)(b) above.
3
Systemless service providers which are operators having significant market power shall be under a duty to keep and provide to the Director on request up-to-date information concerning their performance based on the parameters, definitions and measurement methods laid down in Schedule III.
4
The Director may determine that systemless service providers providing fixed publicly available telephone services for more than 18 months keep and provide to him on request the information referred to in paragraph (3) above.
5
The Director shall publish, or ensure that there are published in accordance with regulation 18 above the quality standards and performance targets referred to in paragraph (1) above where appropriate and taking into account the views of interested parties in accordance with the provisions of regulation 36.
6
The Director may require independent audits of the performance data in order to ensure the accuracy and comparability of the data made available in accordance with paragraphs (3) and (4) above.
7
Systemless service providers shall be under a duty to comply with:
a
any determination made by the Director in accordance with paragraph (4) above; and
b
any requirement for independent audits in accordance with paragraph (6) above.
Conditions of access and use and essential requirements
21
1
The Director shall ensure that procedures are in place to address situations where:
a
public operators or systemless service providers; or
b
at least public operators or systemless service providers providing voice telephony services and which are operators having significant market power;
take measures such as the interruption, termination, significant variation or reduction in the availability of services provided at least to organisations running telecommunication systems or providing telecommunications services or both.
2
The parties shall abide by a decision, taken in accordance with such procedures, without prejudice to their right to apply to a court, save insofar as the parties concerned have entered into an agreement which provides otherwise for the resolution of disputes between them.
3
The procedures referred to in paragraph (1) above shall:
a
be transparent, and shall give both parties to a dispute an opportunity to state their case;
b
provide for a reasoned decision to be notified to the parties by the Director within one week of its adoption.
4
The Director may make a direction appointing a third party to assist in the resolution of, or to resolve, the dispute, and such a direction shall include provisions as to the payment of such a person’s reasonable costs and expenses and the procedures to be adopted by that person.
5
A summary of the procedures referred to in paragraph (1) above shall be published in accordance with regulations 17 and 18 above.
6
a
The Secretary of State may by notice served on public operators or systemless service providers impose restrictions on the access to or the use of fixed public telephone systems or fixed publicly available telephone services or both on the basis of the essential requirements set out in paragraphs (i) to (v) below. The notice shall be published and shall identify which of the essential requirements set out in paragraphs (i) to (v) below is the basis of the restrictions:
i
security of network operations;
ii
maintenance of network integrity;
iii
interoperability of services;
iv
protection of data; or
v
effective use of the frequency spectrum;
b
In imposing any such restriction the Secretary of State shall ensure that:
i
any restriction is based on objective criteria identified in advance;
ii
any restriction within paragraph (a)(ii) above is kept to the minimum necessary to provide for normal operation of the network; and
iii
any restriction within paragraph (a)(iv) above is imposed only in accordance with relevant data protection legislation.
c
The Secretary of State shall publish a notice in the London, Edinburgh and Belfast Gazettes referring to the manner in which the notice referred to in paragraph (a) above is published.
7
The Secretary of State may take any measures which are necessary in order to ensure that:
a
the availability of fixed public telephone systems or fixed publicly available telephone services or both is maintained in the event of catastrophic network breakdown or in cases of force majeure, such as extreme weather, earthquake, flood, lightning or fire; and
b
the integrity of the fixed public telephone network is maintained.
8
In exercising their functions under Part II and sections 47 to 49 of the Act, the Secretary of State and the Director shall, without prejudice to any notice issued by the Secretary of State in accordance with paragraph (6)(a) above, ensure that:
a
in the event of the circumstances referred to in paragraph (7)(a) above public telecommunications operators take all the necessary steps:
i
to ensure that insofar as is practicable in all the circumstances the availability of fixed public telephone systems is maintained; and
ii
to maintain insofar as is practicable the highest level of services to meet any priorities specified by the Secretary of State and the Director;
b
restrictions by public operators on access to and use of fixed public telephone systems on the grounds of security of networks are proportionate, non-discriminatory and are based on objective criteria identified in advance;
c
restrictions by public operators on access to and use of fixed public telephone systems on the grounds of maintenance of network integrity, in order to protect, inter alia, network equipment, software or stored data, are non-discriminatory, kept to the minimum necessary to provide for the normal operation of the network and based on objective criteria identified in advance;
d
conditions on access to and use of fixed public telephone systems or fixed publicly available telephone services or both based on the grounds of protection of data may be imposed by public operators only in accordance with relevant data protection legislation;
e
public telecommunications operators take all necessary steps insofar as is practicable in all the circumstances to ensure that the integrity of the fixed public telephone network is maintained; and
f
public operators do not impose further restrictions on the grounds of interoperability of services on terminal equipment operating in accordance with the Terminal Equipment Regulations.
9
In exercising her powers under the Wireless Telegraphy Acts 1949 and 1998 , the Secretary of State shall ensure that public operators which use the frequency spectrum do so effectively and avoid harmful interference between radio-based systems which could restrict or limit access to or use of fixed public telephone systems and fixed publicly available telephone services.
10
Systemless service providers may impose conditions on access to and use of fixed public telephone systems or fixed publicly available telephone services or both based on the grounds of protection of data only in accordance with relevant data protection legislation.
11
Systemless service providers shall not impose any restrictions on the use of terminal equipment operating in accordance with the Terminal Equipment Regulations on the grounds of interoperability of services.
Itemised billing, tone dialling and selective call barring — public operators
22
1
In order to ensure that users have access over fixed public telephone systems as early as possible to the facilities of:
a
tone dialling; and
b
itemised billing and selective call barring;
as facilities available on request, the Director may, where in his opinion it is necessary to ensure that these facilities are widely available, designate one or more public operators to provide these facilities to most telephone users before 31 December 1998 and to ensure that they are generally available by 31 December 2001.
2
The facilities of tone dialling and selective call barring are specified in Part 1 of Schedule I.
3
In exercising their functions under Part II and sections 47 to 49 of the Act, the Secretary of State and the Director shall ensure that where itemised bills are provided by public operators to their subscribers:
a
the itemised bill shall, subject to relevant data protection legislation, at no extra charge to the subscriber, contain at least such details as will allow the subscriber to verify and control charges incurred in using the system or service or both; but
b
the itemised bill shall not identify calls in respect of which no charges are made to the calling subscriber; and
c
where appropriate, additional levels of detail in the itemised bill may be offered to subscribers at reasonable tariffs or at no charge.
4
The Director may by direction set down the details which shall be contained in an itemised bill in order to satisfy the requirements of paragraph (3)(a) above.
Itemised billing, tone dialling and selective call barring — systemless service providers
23
1
Systemless service providers providing access to a fixed public telephone system or providing fixed publicly available telephone services or both shall be under a duty to provide an itemised bill which complies with the requirements of regulation 22(3)(a) and (b) above.
2
The Director may by direction set down the details which shall be contained in an itemised bill provided by systemless service providers in order to satisfy the requirements of regulation 22(3)(a) above.
3
Where appropriate, additional levels of detail in an itemised bill may be offered to subscribers by systemless service providers at reasonable tariffs or at no charge.
Provision of additional facilities — public operators
24
In exercising their functions under Part II and sections 47 to 49 of the Act, the Secretary of State and the Director shall ensure that:
a
public operators providing voice telephony services being operators having significant market power provide, subject to technical feasibility and economic viability, the facilities listed in Part 2 of Schedule I;
b
where public operators provide the facilities described in paragraphs (a) and (c) of Part 2 of Schedule I and paragraphs (d) and (f) of Part 3 of Schedule I, they do so in accordance with relevant data protection legislation;
c
public operators providing voice telephony services which do not yet offer the facility of number portability on request to a subscriber, shall provide to that subscriber a facility on request for a reasonable period after that subscriber has changed to a different supplier either:
i
to re-route telephone calls to his new number for a reasonable fee; or
ii
to advise callers of the new number without charging the called party for this service.
Provision of additional facilities — systemless service providers
25
1
Systemless service providers providing voice telephony services and which have been designated by the Secretary of State as operators having significant market power shall be under a duty to comply with the requirement set out in regulation 24(a) above as if they were public operators.
2
Where systemless service providers provide the facilities described in paragraphs (a) and (c) of Part 2 of Schedule I and paragraphs (d) and (f) of Part 3 of Schedule I they shall be under a duty to do so in accordance with relevant data protection legislation.
3
Systemless service providers providing voice telephony services and which do not yet offer the facility of number portability on request to a subscriber shall be under a duty to comply with the requirements set out in regulation 24(c) above as if they were public operators.
Special network access
26
1
In exercising their functions under Part II and sections 47 to 49 of the Act, the Secretary of State and the Director shall ensure that operators having significant market power in the provision of fixed public telephone systems:
a
deal with reasonable requests from organisations providing telecommunications services, including systemless service providers, for access to a fixed public telephone system at network termination points other than the commonly provided network termination points referred to in Part 1 of Schedule II;
b
do not take a final decision to restrict or deny access in response to a request made under paragraph (a) above until the organisation making such a request has had an opportunity to put its case to the Director;
c
where a request for access under paragraph (a) is refused, provide to the organisation making the request a prompt and fully reasoned explanation for the refusal;
d
impose only charges for the special network access provided which follow the principles of cost orientation set out in Schedule IV;
e
adhere to the principle of non-discrimination when they make use of a fixed public telephone system and, in particular, use any form of special network access, for providing publicly available telecommunications services, and apply similar conditions in similar circumstances to organisations providing similar services and shall provide special network access facilities and information to others under the same conditions and of the same quality as they provide for their own services or those of their subsidiaries or partners; and
f
make available to the Director on request details of agreements of special network access.
2
The Director may by determination, agree to limit the obligation in paragraph (1)(a) above in a particular case where, in his opinion:
a
there are technically and commercially viable alternatives to the special network access requested; and
b
the requested access is inappropriate in relation to the resources available to meet the request.
3
The Director may on his own initiative at any time, where justified, and shall do so on the request of either party, make a direction specifying conditions to be included in an agreement for the provision of special network access in order to ensure effective competition or interoperability or both. Any conditions so specified shall be non-discriminatory, fair and reasonable for both parties and offer the greatest benefit to all users.
4
The Director may, in the interest of all users, make a direction specifying:
a
conditions to be included in agreements which
i
are non-discriminatory, fair and reasonable; and
ii
conform with relevant standards, compliance with essential requirements or the maintenance of end-to-end quality or both; and
b
that any agreements be entered into and fulfilled in an efficient and timely manner.
5
The Director shall publish or shall ensure the publication in accordance with regulation 17(4) above of any conditions which he has specified in accordance with paragraph (4) above.
6
Subject to his rights and obligations under section 101 of the Act, the Director shall keep confidential those parts of agreements made available to him in accordance with paragraph (1)(f) above which deal with the commercial strategy of the parties.
Tariff principles — public operators
27
1
Subject to regulation 7(1)(a) above, and except in relation to any specific geographical area where the condition set out in paragraph (2) below is satisfied, the Secretary of State and the Director, in exercising their functions under Part II and sections 47 to 49 of the Act, shall ensure that a public operator providing voice telephony services which is an operator having significant market power complies with the following:
a
tariffs for use of its fixed public telephone system and fixed publicly available telephone services follow the basic principles of cost orientation set out in Schedule IV;
b
subject to paragraph 2 of Part II of Schedule 3 to the Interconnection Regulations, tariffs for access to and use of its fixed public telephone system are independent of the type of application which the subscribers implement, except to the extent that they require different services or facilities;
c
tariffs for facilities additional to the provision of connection to its fixed public telephone system and fixed public telephone services are sufficiently unbundled, so that the subscriber is not required to pay for facilities which are not necessary for the service requested; and
d
tariff changes are implemented only after an appropriate public notice period determined by the Director.
2
Subject to regulation 7(1)(a) above, paragraphs (1)(a) to (d) shall not apply in a specific geographical area in respect of which the Director has made a direction that he is satisfied that there is effective competition in the fixed publicly available telephone services market.
Tariff principles — systemless service providers
28
1
Systemless service providers providing voice telephony services which are operators having significant market power shall be under a duty to comply with regulation 27(1)(a) to (d) above as if they were public operators.
2
The Director may determine that paragraph (1) above shall not apply in a specific geographical area in respect of which he is satisfied that there is effective competition in the fixed publicly available telephone services market.
Cost accounting principles — public operators
29
1
In exercising their functions under Part II and sections 47 to 49 of the Act, the Secretary of State and the Director shall ensure that where a public operator is under a duty for its tariffs to follow the principle of cost orientation in accordance with regulation 27(1):
a
the cost accounting systems operated by the public operator are suitable for the implementation of regulation 27 above and that compliance with such systems is verified by a competent body which is independent of that public operator; and
b
a statement concerning compliance is published annually; and
c
a description of the cost accounting systems referred to in paragraph (a) above, showing the main categories under which costs are compiled and the rules used for the allocation of costs to voice telephony services, is made available to the Director on request.
2
Upon receipt by the Secretary of State of a request by the Commission for the information referred to in paragraph (1)(c) above, she shall notify the Director who shall submit information on the cost accounting systems applied by public operators to whom paragraph (1) applies to the Secretary of State, who shall thereupon submit the information requested to the Commission.
3
In exercising their functions under Part II and sections 47 to 49 of the Act, the Secretary of State and the Director shall ensure that public operators make available to the Director on request detailed accounting information in order to ensure compliance with these Regulations, in confidence and subject to the rights and obligations of the Director under section 101 of the Act.
Cost accounting principles — systemless service providers
30
1
Where a systemless service provider is under a duty for its tariffs to follow the principle of cost orientation in accordance with regulation 28(1) above it shall be under a duty to comply with the provisions of regulation 29(1)(a) to (c) above as if it were a public operator.
2
Upon receipt by the Secretary of State of a request by the Commission for the information referred to in paragraph (1) above, she shall notify the Director who shall submit information on the cost accounting systems applied by systemless service providers, to whom paragraph (1) above applies, to the Secretary of State who shall thereupon submit the information requested to the Commission.
3
Systemless service providers providing voice telephony services shall be under a duty to make available in confidence to the Director on request detailed accounting information in order to ensure compliance with these Regulations.
Discounts and other special tariff provisions — public operators
31
1
In exercising their functions under Part II and sections 47 to 49 of the Act, the Secretary of State and the Director shall ensure that, where a public operator is under a duty for its tariffs to follow the principles of cost orientation in accordance with regulation 27(1), discount schemes for its subscribers are fully transparent and are published and applied in accordance with the principle of non-discrimination.
2
The Director may by direction require that the discount schemes referred to in paragraph (1) above be modified or withdrawn.
Discounts and other special tariff provisions — systemless service providers
32
1
Where a systemless service provider is under a duty for its tariffs to follow the principles of cost orientation in accordance with regulation 28(1), it shall be under a duty to make discount schemes for its subscribers fully transparent and to publish and apply them in a non-discriminatory manner.
2
The Director may require that the discount schemes referred to in paragraph (1) above be modified or withdrawn and systemless service providers shall be under a duty to comply with any requirement imposed by the Director.
Standards for ISDN network termination points
33
In exercising their functions under Part II and sections 47 to 49 of the Act, the Secretary of State and the Director shall ensure that where fixed publicly available telephone services are supplied to subscribers over the ISDN network at the S/T reference point , the ISDN network termination points comply with the relevant physical interface specifications, in particular, those for the socket, referenced in the ONP List of Standards referred to in Article 5 of the ONP Framework Directive.
Non-payment of bills — public operators
34
1
In exercising their functions under Part II and sections 47 to 49 of the Act, the Secretary of State and the Director shall authorise measures to ensure that in cases of non-payment of telephone bills for use of fixed public telephone systems due warning of any consequent service interruption or disconnection is given in advance to the subscriber.
2
The measures authorised in accordance with paragraph (1) above shall:
a
be proportionate, non-discriminatory and published in the manner laid down in regulation 17; and
b
ensure, except in cases of fraud, persistent late payment or non-payment, as far as is technically feasible, that any service interruption is confined to the service concerned.
3
The Director may direct that, where appropriate, complete disconnection takes place only after a stated period. In such cases, calls which do not incur a charge to that subscriber shall be permitted.
Non-payment of bills — systemless service providers
35
1
The Director shall specify measures to ensure that in cases of non-payment of telephone bills for use of fixed public telephone systems due warning of any consequent service interruption or disconnection is given by systemless service providers providing access to that system. The systemless service providers shall be under a duty to comply with any measures specified by the Director in accordance with this regulation.
2
The measures referred to in paragraph (1) above shall fulfil the requirements set out in regulation 34 paragraph (2)(a) and (b).
3
The Director may decide that, where appropriate, complete disconnection takes place only after a stated period. In such cases calls which do not incur a charge to that subscriber shall be permitted.
Consultation
36
The Secretary of State and the Director shall take into account the views of the representatives of organisations running telecommunication systems, of users, consumers, manufacturers and service providers on issues related to the scope, affordability and quality of publicly available telephone services.
Conciliation and resolution of disputes
37
1
The Director shall ensure that procedures are in place to address disputes between any party, including users, service providers, consumers or organisations providing telecommunica tion systems or services, and a public operator or systemless service provider concerning an alleged infringement of any right or obligation created by or under these Regulations. These procedures shall, in particular, apply in cases where users are in dispute with a public operator or systemless service provider over their telephone bills or over the terms and conditions under which telephone services are provided.
2
The procedures referred to in paragraph (1) shall be fair, transparent, easily accessible and inexpensive and shall not involve unnecessary delay. If the Director makes a direction appointing a third party to assist in the resolution of, or to resolve, the dispute, the direction shall include provisions as to the payment of such a person’s reasonable costs and expenses and the procedures to be adopted by that person.
3
Where a dispute is brought before the Director concerning an alleged infringement of the rights or obligations created by or under these Regulations involving organisations in more than one Member State, and a user or organisation by means of a written notification to the Director and the Commission invokes a conciliation procedure, the Director may, where he finds that there is a case for further examination, refer the matter to the Chairman of the ONP Committee.
4
The Director may refer an alleged infringement of this Directive involving both organisations in more than one Member State to the Chairman of the ONP Committee on his own initiative, following written notification to the Commission.
5
The party invoking the procedure in paragraph (3) above shall bear its own costs of participating in that procedure. That procedure shall be without prejudice to the rights of any person to apply to a court, save insofar as the parties concerned have entered into an agreement which provides otherwise for the resolution of disputes between them.
6
The provisions of this regulation shall be without prejudice to the power of the Director to direct that the conditions of contract or of compensation of refund schemes or both shall be altered in accordance with regulation 15(4) or 16(2).
Enforcement of regulations 10, 14, 16, 18, 20, 21, 23, 25, 28, 30, 32 and 35
38
Without prejudice to any right which any person may have by virtue of any provision in these Regulations or otherwise to bring civil proceedings in respect of any contravention or apprehended contravention of any duty referred to in such provision, or to have any dispute concerning that duty resolved pursuant to regulation 37, compliance shall be enforceable by the Director by civil proceedings for an injunction or interdict or for any other appropriate relief.
Modification of licences to include the Revised Voice Telephony conditions
39
1
Voice telephony licences are hereby modified upon the coming into force of these Regulations by the insertion of the standard conditions set out in Schedule V as Part X to Schedule 1 to those licences, and the conditions inserted into each of the relevant licences pursuant to this regulation are, in relation to that licence, referred to for the purposes of these Regulations as “the Revised Voice Telephony Conditions.”
2
The licence granted to British Telecommunications dated 22 June 1984 is hereby modified by the insertion of the standard conditions set out in Schedule VI Part 1 into Part X of Schedule 1 to that licence, and shall form part of “the Revised Voice Telephony Conditions”.
3
The licences granted to Kingston upon Hull City Council and Kingston Communications (Hull) PLC dated 30 November 1987 are hereby modified by the insertion of the standard conditions set out in Schedule VI Part 2 into Part X of Schedule 1 to the licence, and shall form part of “the Revised Voice Telephony Conditions”.
Incidental and consequential amendments
40
1
At the end of section 1(6) of the Act (payment out of money provided by Parliament) there shall be added the words “or in consequence of the provisions of the Telecommunications (Open Network Provision) (Voice Telephony) Regulations 1998.”
2
In section 53 of the Act (power to require information etc ), at the end of paragraph (b) of the definition of “relevant purpose” in subsection (6) there shall be added the words “or under the Telecommunications (Open Network Provision) (Voice Telephony) Regulations 1998.”
Barbara Roche,
Parliamentary Under-Secretary of State for Small Firms, Trade and Industry,
Department of Trade and Industry
28th June 1998


type: legislation

jurisdiction: UK

text:
Title and commencement
1
This Order may be cited as the Plant Health (Forestry) (Great Britain) (Amendment) Order 1998 and shall come into force on 1st October 1998.
Amendment of the Plant Health (Forestry) (Great Britain) Order 1993
2
After article 24(2) of the Plant Health (Forestry) (Great Britain) Order 1993 there shall be added –
2A
For the purposes of the examinations referred to in paragraph (2)(a) of this article, an inspector may require the occupier or other person in charge of the premises in which the examination is taking place to provide adequate lighting and, where appropriate, suitable areas for inspection.
.
In witness whereof the Official Seal of the Forestry Commissioners is hereunto affixed on
W F G Strang
Secretary to the Forestry Commissioners
4th September 1998.


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Test Valley) Designation (Amendment) (No. 2) Order 1998 and shall come into force on 16th October 1998.
Interpretation
2
In this Order, “the principal Order ” means the Environmentally Sensitive Areas (Test Valley) Designation Order 1993 .
Amendment of the Principal Order
3
The principal Order shall have effect as if, in article 2 of the Environmentally Sensitive Areas (Test Valley) Designation (Amendment) Order 1998 , for the words “the Environmentally Sensitive Areas (Test Valley) Designation (Amendment) Order 1993” there were substituted “the Environmentally Sensitive Areas (Test Valley) Designation Order 1993”.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
30th August 1998
We consent,
Bob Ainsworth
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
25th August 1998


text:
Citation and commencement
1
This Order may be cited as the Shropshire’s Community Health Service National Health Service Trust (Dissolution) Order 1998 and shall come into force on 1st April 1998.
Dissolution of NHS trust
2
The Shropshire’s Community Health Service National Health Service Trust established by the Shropshire’s Community Health Service National Health Service Trust (Establishment) Order 1993 is dissolved, and accordingly that Order is revoked.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,
Department of Health
3rd March 1998


text:
Citation and commencement
1
This Order may be cited as the South Kent Community Healthcare National Health Service Trust (Dissolution) Order 1998 and shall come into force on 1st April 1998.
Dissolution of NHS trust
2
The South Kent Community Healthcare National Health Service Trust established by the South Kent Community Healthcare National Health Service Trust (Establishment) Order 1993 is dissolved, and accordingly that Order is revoked.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State
Department of Health
18th March 1998


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (North Kent Marshes) Designation (Amendment) Order 1998 and shall come into force on 22nd June 1998.
Interpretation
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (North Kent Marshes) Designation (Amendment) Order 1993 , as amended at the date that this Order comes into force.
Amendment of the principal Order
3
The principal Order shall be amended in accordance with the following provisions of this Order.
4
In article 2(1) of the principal Order, the provisions immediately following the words “In this Order — ” to the end of article 2(1), in so far as they were made under section 18 of the Agriculture Act 1986, shall be deleted and the following definitions shall be inserted at their appropriate alphabetical place:
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3;
“buffer strip” means a strip of land which is subject to a prohibition on the use of fertilisers and pesticides, is at least six metres wide and is located at the edge of a field used for the production of arable crops and which adjoins an open drainage channel;
“capital activity” means an activity specified in Schedule 1;
“conservation plan” means a plan incorporated into an agreement for the carrying out of one or more capital activities within a specified period;
“cultivated land” means land which is regularly ploughed or otherwise cultivated or that is regularly treated with fertilisers;
“farmer” means a person who has an interest in agricultural land in the area designated by article 3, and who has also entered into an agreement with the Minister;
“grassland” means land on which the vegetation consists primarily of grass species;
“management activity” means an activity specified in Schedule 2;
“permanent grassland” means grassland which has not been ploughed or reseeded for at least five years;
“public access route” means a strip of land which is the subject of an agreement and on which access is given to the public;
“relevant date” means 22nd June 1998; and
“woodland” means land used for woodland where that use is ancillary to the farming of land for other agricultural purposes.
.
5
For article 4 of the principal Order and the heading thereto there shall be substituted the following article and heading —
Matters in respect of which payments may be made
4
A payment to be made by the Minister under an agreement may be made in respect of —
a
a capital activity; or
b
a management activity which —
i
in the case of a payment to be made under an agreement entered into before the relevant date, is specified in Part I or Part II of Schedule 2; and
ii
in the case of a payment to be made under an agreement entered into on or after the relevant date, is specified in Part I of Schedule 2.
6
For article 5 of the principal Order and the heading thereto there shall be substituted the following article and heading —
Rates of payment
5
1
Payments to be made by the Minister under an agreement shall not exceed —
a
in the case of a management activity, the rate specified in respect of that activity in column 2 of Schedule 2; and
b
in the case of one or more capital activities included in a conservation plan, £100,000 in aggregate.
2
Any works which form part of an activity which constitutes both a management activity and a capital activity may by virtue of an agreement be eligible for payment either as part of a management activity or as part of a capital activity, but the agreement together with any conservation plan incorporated in it shall not provide for payment to be made on both such bases in respect of the same works.
.
7
For Schedule 1 to the principal Order there shall be substituted Schedule set out in Schedule 1 to this Order.
8
For Schedule 2 to the principal Order there shall be substituted the Schedule set out in Schedule 2 to this Order.
9
The following provisions shall be deleted —
a
articles 4A and 6; and
b
Schedules 1A, 3 and 4.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
18th May 1998
We consent,
Graham Allen
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
19th May 1998


text:
Citation and commencement
1
This Order may be cited as the Education (School Teachers' Pay and Conditions) Order 1998 and shall come into force on 20th April 1998.
Application
2
This Order applies to school teachers (as defined in section 5(1) and (2) of the School Teachers' Pay and Conditions Act 1991) in England and Wales.
School Teachers' Pay and Conditions
3
The School Teachers' Pay and Conditions Document 1997 shall be amended with effect from 1st April 1998 as follows:
a
in paragraph 4.1(a), for the words “A head teacher or deputy head teacher shall, until 30th November 1997,” there shall be substituted the words “During the period 1st April 1998 to 30th November 1998 a head teacher or deputy head teacher shall”;
b
in paragraph 4.1(b), for the words “From 1st December 1997” there shall be substituted the words “From 1st December 1998”;
c
the following tables shall be substituted for the tables in paragraph 4.3 —
Pay Spine A — 1st April 1998 to 30th November 1998
Spine point Annual salary £
1 25,881 2 26,307 3 26,733 4 27,159 5 27,579 6 27,999 7 28,431 8 28,848 9 29,280 10 29,703 11 30,120 12 30,549 13 30,966 14 31,401 15 31,821 16 32,247 17 32,670 18 33,096 19 33,519 20 33,942 21 34,515 22 35,070 23 35,640 24 36,207 25 36,771 26 37,335 27 37,902 28 38,469 29 39,036 30 39,750 31 40,449 32 41,157 33 41,865 34 42,573 35 43,281 36 43,989 37 44,694 38 45,684 39 46,671 40 47,667 41 48,651 42 49,638 43 50,637 44 51,621 45 52,611 46 53,604 47 54,594 48 55,584 49 56,577 50 57,558 51 58,548
Pay Spine B — From 1st December 1998
Spine point Annual salary £
1 26,337 2 26,772 3 27,204 4 27,636 5 28,065 6 28,494 7 28,932 8 29,355 9 29,799 10 30,228 11 30,651 12 31,086 13 31,515 14 31,956 15 32,382 16 32,814 17 33,246 18 33,681 19 34,110 20 34,539 21 35,124 22 35,691 23 36,270 24 36,846 25 37,422 26 37,995 27 38,571 28 39,150 29 39,726 30 40,452 31 41,163 32 41,883 33 42,603 34 43,326 35 44,043 36 44,763 37 45,483 38 46,488 39 47,496 40 48,507 41 49,509 42 50,514 43 51,531 44 52,533 45 53,538 46 54,552 47 55,557 48 56,565 49 57,576 50 58,575 51 59,580
;
d
the following tables shall be substituted for the tables in paragraph 4.4.2 —
Period 1st April 1998 to 30th November 1998
Head teachers Group Spine point Range £
1 3–15 26,733–31,821 2 1(S) 8–22 28,848–35,070 3 2(S) 15–29 31,821–39,036 4 3(S) 23–37 35,640–44,694 5 4(S) 31–44 40,449–51,621 6 38–51 45,684–58,548
Deputy head teachers Group Spine point Range £
1 1–8 25,881–28,848 2 1(S) 2–10 26,307–29,703 3 2(S) 4–13 27,159–30,966 4 3(S) 8–20 28,848–33,942 5 4(S) 15–26 31,821–37,335 6 22–34 35,070–42,573
From 1st December 1998
Head teachers Group Spine point Range £
1 3–15 27,204–32,382 2 1(S) 8–22 29,355–35,691 3 2(S) 15–29 32,382–39,726 4 3(S) 23–37 36,270–45,483 5 4(S) 31–44 41,163–52,533 6 38–51 46,488–59,580
Deputy head teachers Group Spine point Range £
1 1–8 26,337–29,355 2 1(S) 2–10 26,772–30,228 3 2(S) 4–13 27,636–31,515 4 3(S) 8–20 29,355–34,539 5 4(S) 15–26 32,382–37,995 6 22–34 35,691–43,326
;
e
in paragraph 9.1(a), for the words “A classroom teacher shall, until 30th November 1997,” there shall be substituted the words “During the period 1st April 1998 to 30th November 1998 a classroom teacher shall”;
f
in paragraph 9.1(b), for the words “From 1st December 1997” there shall be substituted the words “From 1st December 1998”;
g
the following tables shall be substituted for the tables in paragraph 9.2 —
Pay Spine A — 1st April 1998 to 30th November 1998
Spine point Annual salary £
0 13,131 0.5 13,518 1 13,917 1.5 14,331 2 14,751 2.5 15,150 3 15,555 3.5 15,969 4 16,398 4.5 16,878 5 17,379 5.5 17,895 6 18,423 6.5 18,969 7 19,530 7.5 20,106 8 20,700 8.5 21,351 9 22,023 9.5 22,695 10 23,385 10.5 24,069 11 24,777 11.5 25,746 12 26,754 12.5 27,633 13 28,539 13.5 29,658 14 30,816 14.5 31,503 15 32,199 15.5 32,919 16 33,654 16.5 34,401 17 35,166
Pay Spine B — From 1st December 1998
Spine point Annual salary £
0 13,362 0.5 13,758 1 14,163 1.5 14,583 2 15,012 2.5 15,417 3 15,828 3.5 16,251 4 16,689 4.5 17,178 5 17,685 5.5 18,210 6 18,750 6.5 19,305 7 19,875 7.5 20,463 8 21,066 8.5 21,726 9 22,410 9.5 23,097 10 23,796 10.5 24,495 11 25,215 11.5 26,202 12 27,225 12.5 28,119 13 29,040 13.5 30,180 14 31,362 14.5 32,058 15 32,769 15.5 33,501 16 34,248 16.5 35,007 17 35,787
;
h
for paragraph 15.1 there shall be substituted —
15.1
a
During the period 1st April 1998 to 30th November 1998 an unqualified teacher (except one to whom paragraph 18 applies) shall be paid such salary based on the following pay scale as the relevant body shall determine in accordance with paragraphs 15.2 to 15.7 and 17:
Period 1st April 1998 to 30th November 1998
Scale point Annual salary £
1 11,040 2 11,532 3 12,018 4 12,516 5 13,017 6 13,506 7 14,004 8 15,159 9 16,470 10 17,460
15.1
b
From 1st December 1998 an unqualified teacher (except one to whom paragraph 18 applies) shall be paid such salary based on the following pay scale as the relevant body shall determine in accordance with paragraphs 15.2 to 15.7 and 17:
From 1st December 1998
Scale point Annual salary £
1 11,235 2 11,736 3 12,228 4 12,735 5 13,248 6 13,746 7 14,250 8 15,426 9 16,761 10 17,769
;
i
for paragraph 21.1 there shall be substituted —
21.1
A teacher serving in the London Area shall receive a London Area allowance of:
a
if he is serving in the Inner London Area, £2,130 per annum until 30th November 1998 and £2,166 per annum on and after 1st December 1998;
b
if he is serving in the Outer London Area, £1,401 per annum until 30th November 1998 and £1,425 per annum on and after 1st December 1998;
c
if he is serving in the Fringe Area, £546 per annum until 30th November 1998 and £555 per annum on and after 1st December 1998.
.
Stephen Byers
Minister of State,
Department for Education and Employment
30th March 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) Amendment (No. 5) Regulations 1998 and shall come into force on 25th November 1998.
2
In these Regulations “the principal Regulations ” means the Social Security (Contributions) Regulations 1979 .
Amendment of regulation 18 of the principal Regulations
2
In regulation 18 of the principal Regulations (calculation of earnings) —
a
after paragraph (2) , insert —
2A
Paragraph (2) of this regulation shall apply to shares in a body corporate which are capable of being acquired pursuant to an option, or a voucher capable of being exchanged for such an option, where those shares, that option or that voucher are a readily convertible asset.
2B
For the purposes of paragraphs (2A), (5A) and (9A) of this regulation, “body corporate” includes —
a
a body corporate constituted under the law of a country or territory outside the United Kingdom; and
b
an unincorporated association wherever constituted,
but does not include a partnership, a local authority within the meaning of section 842A of the Income and Corporation Taxes Act 1988 or a local authority association within the meaning of section 519 of that Act.
;
b
after paragraph (5) , insert —
5A
Paragraph (4) of this regulation shall apply to shares in a body corporate which are capable of being acquired pursuant to an option, or a voucher capable of being exchanged for such an option, where those shares, that option or that voucher are a readily convertible asset.
;
c
in paragraph (9) , for “The amount”, substitute “Subject to paragraphs (2A), (5A) and (9A) of this regulation, the amount”;
d
after paragraph (9), insert —
9A
Paragraph (9) of this regulation does not apply to an option to acquire shares in a body corporate, or a voucher capable of being exchanged for such an option, where those shares, that option or that voucher are a readily convertible asset.
.
Signed by authority of the Secretary of State for Social Security.
Stephen C. Timms
Parliamentary Under-Secretary of State,Department of Social Security
24th November 1998


text:
1
These Regulations may be cited as the Service Subsidy Agreements (Tendering) (Amendment) Regulations 1998 and shall come into force on 5th October 1998.
2
1
The Service Subsidy Agreements (Tendering) Regulations 1985 are amended as follows.
2
In regulation 3(1)(b)–
a
for “10,000”, in both places where it occurs, there shall be substituted “£12,000”, and
b
in paragraph (iii) for “£50,000” there shall be substituted “£70,000”.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Glenda Jackson
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
26th August 1998
Sam Galbraith
Parliamentary Under Secretary of State, Scottish Office
1st September 1998
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
4th September 1998


text:
Citation, commencement and application
1
1
This Order may be cited as the Berkshire County Council (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 Berkshire (Structural Change) Order 1996 (“the 1996 Order ”).
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 Berkshire County Council (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 council of the Royal Borough of Windsor and Maidenhead, one copy with each of the five borough or district councils affected by the 1996 Order, one with the Berkshire 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 Berkshire County Council;
b
whose employment would continue but for the abolition of that council; and
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 Royal borough, borough or district 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:
1
The new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The length of trunk road described in Schedule 2 to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall become an unclassified road as from the date on which the Secretary of State notifies the County Council of Gwynedd that the new trunk road is open for through traffic.
4
In this Order: —
all measurements of distance are measured along the route of the relevant highway;
i
“the deposited plan” means the plan numbered HA10/2 WO21 marked the Cardiff to Glan Conwy Trunk Road (A470) (Ty Nant to North of Maentwrog Road Station Improvement) Order 1998, signed by authority of the Secretary of State and deposited at the Welsh Office Repository, Curran Embankment, Cardiff;
ii
“the new trunk road” means the highway mentioned in Article 1 of this Order;
iii
“the trunk road” means the Cardiff to Glan Conwy Trunk Road (A470).
5
This Order shall come into force on 5th March 1998 and may be cited as the Cardiff to Glan Conwy Trunk Road (A470) (Ty Nant to North of Maentwrog Road Station Improvement) Order 1998.
Signed by authority of the Secretary of State for Wales
D M Timlin
Head of Roads Administration Division Welsh Office
17th February 1998


text:
Citation, commencement and revocation
1
1
This Order may be cited as the Education (School Teachers’ Pay and Conditions) (No. 2) Order 1998 and shall come into force on 1st September 1998.
2
The Education (School Teachers’ Pay and Conditions) (No. 2) Order 1997 and the Education (School Teachers’ Pay and Conditions) Order 1998 are hereby revoked.
Application
2
This Order applies to school teachers (as defined in section 5(1) and (2) of the School Teachers’ Pay and Conditions Act 1991) in England and Wales.
School Teachers’ Pay and Conditions
3
1
It is hereby directed that the provisions set out in the document published by Her Majesty’s Stationery Office and entitled “School Teachers’ Pay and Conditions Document 1998” (“the Document”) shall, save for paragraph 2.3 of the Document, have effect from 1st September 1998.
2
Paragraph 2.3 of the Document (which deals with the entitlement to pay of graduate and registered teachers) shall have effect from 1st December 1997.
Estelle Morris
Minister of State,
Department for Education and Employment
30th July 1998


text:
1
This Order may be cited as the Public Telecommunication System Designation (Teleport London 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:
Citation and commencement
1
This Order may be cited as the Black Country Mental Health National Health Service Trust (Establishment) Amendment Order 1998 and shall come into force on 19th May 1998.
Amendment of Establishment Order
2
For Article 3 of the Black Country Mental Health National Health Service Trust (Establishment) Order 1994 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 shall be —
a
to own and manage pursuant to 5(1)(a) of the Act Edward Street Hospital, Edward Street, West Bromwich, West Midlands B70 8NL and Heath Lane Hospital, Heath Lane, West Bromwich, West Midlands B71 2BQ and there to provide hospital accommodation and services;
b
to provide and manage pursuant to section 5(1)(b) of the Act Hallam Street Hospital, Hallam Street, West Bromwich, West Midlands B71 4HU and there to provide hospital accommodation and services; and
c
to own and manage pursuant to section 5(1)(a) of the Act 48 Lodge Road, West Bromwich, West Midlands B70 8NY and associated premises and from there to provide community health services.
.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,
Department of Health
7th May 1998


text:
Citation and commencement
1
1
This Order may be cited as the Strathspey Light Railway Order 1998 and shall come into force on 13th May 1998.
2
The Strathspey Light Railway Order 1978 and this Order may be cited together as the Strathspey Light Railway Orders 1978 and 1998.
Interpretation
2
In this Order the following expressions have the meanings hereby respectively assigned to them: —
“the Company” means Strathspey Railway Company Limited, incorporated under the Companies Acts and having its registered office at Aviemore (Speyside) Station, Dalfaber Road, Aviemore;
“the Company’s Railway” means the railway authorised to be constructed and maintained by the Company in accordance with article 4(1) of this Order and any part of Railtrack’s Railway leased to the Company by virtue of an agreement made in accordance with article 3(1) of this Order;
“entry date” means the day on which a lease to the Company of Railtrack’s Railway or any part thereof by virtue of article 3(1) hereof commences;
“the principal Act ” means the Light Railways Act 1896;
“Railtrack” means Railtrack plc, incorporated under the Companies Acts and having its registered office at 40 Bernard Street, London, WC1N 1BY;
“Railtrack’s Railway” means so much of the railway or former railway of Railtrack as is described in the Schedule to this Order including all lands and works relating thereto.
Lease of Railtrack’s Railway to the Company
3
1
Railtrack and the Company may enter into and carry into effect agreements providing for the Lease to the Company of Railtrack’s Railway or any part thereof on such terms and conditions as may be agreed between Railtrack and the Company.
2
As from the entry date, subject to the terms of the Lease, the Company shall to the exclusion of Railtrack be entitled to the benefit of, and to exercise all the rights, powers and privileges and to be subject to all obligations of, Railtrack whether statutory or otherwise for the time being in force in respect of the Railtrack’s Railway or such part thereof as is leased as aforesaid.
Power to make and work Company’s Railway
4
1
The Company may on the lands taken on lease for and on the line of Railtrack’s Railway construct (so far as necessary) and maintain a railway with all necessary works and conveniences connected therewith and work the same as a light railway under the principal Act and in accordance with the provisions of this Order.
2
Except as otherwise provided in this Order the Company’s Railway shall be subject to all statutory and other provisions applicable to Railtrack’s Railway (in so far as the same are still subsisting and capable of taking effect) and the Company shall be entitled to exercise all rights, powers and privileges and shall be subject to all obligations statutory or otherwise relating to Railtrack’s Railway (in so far as the same are still subsisting and capable of taking effect).
Application of enactments
5
Subject to the provisions of this Order such of the enactments set out in the Second Schedule to the principal Act as are still in force shall cease to apply to the Company’s Railway except for section 5 (penalty for avoiding payment of fare) of the Regulation of Railways Act 1889 .
Gauge of railway and motive power
6
The Company’s Railway shall be constructed and operated on a gauge of 1,435 millimetres (four feet eight and one half inches) and the motive power shall be diesel or steam or internal combustion or such other motive power as the Health and Safety Executive may approve.
Conveyance of passengers
7
No part of the Company’s Railway shall be used for the conveyance of passengers without the prior written permission of the Health and Safety Executive.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
A S D Whybrow
Head of Traffic Policy Division,
Department of the Environment, Transport and the Regions
12th May 1998


text:
Citation and commencement
1
This Order may be cited as the Derby City General Hospital National Health Service Trust (Dissolution) Order 1998 and shall come into force on 1st April 1998.
Dissolution of NHS trust
2
The Derby City General Hospital National Health Service Trust established by the Derby City General Hospital National Health Service Trust (Establishment) Order 1992 is dissolved, and accordingly that Order is revoked.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State
Department of Health
18th March 1998


text:
Citation and commencement
1
This Order may be cited as the Pensions Increase (Review) Order 1998 and shall come into force on 6th April 1998.
Interpretation
2
1
In this Order —
“the 1971 Act ” means the Pensions (Increase) Act 1971 ;
“the 1974 Act ” means the Pensions (Increase) Act 1974 ;
“the 1975 Act ” means the Social Security Pensions Act 1975;
“basic rate” and “derivative pension” have the meanings given by section 17(1) of the 1971 Act ;
“the existing Orders ” means the Pensions Increase (Annual Review) Order 1972 , the Pensions Increase (Annual Review) Order 1973 , the Pensions Increase (Annual Review) Order 1974 , the Pensions Increase (Annual Review) Order 1975 , the Pensions Increase (Annual Review) Order 1976 , the Pensions Increase (Annual Review) Order 1977 , the Pensions Increase (Annual Review) Order 1978 , the Pensions Increase (Review) Order 1979 , the Pensions Increase (Review) Order 1980 , the Pensions Increase (Review) Order 1981 , the Pensions Increase (Review) Order 1982 , the Pensions Increase (Review) Order 1983 , the Pensions Increase (Review) Order 1984 , the Pensions Increase (Review) Order 1985 , the Pensions Increase (Review) Order 1986 , the Pensions Increase (Review) Order 1987 , the Pensions Increase (Review) Order 1988 , the Pensions Increase (Review) Order 1989 , the Pensions Increase (Review) Order 1990 , the Pensions Increase (Review) Order 1991 , the Pensions Increase (Review) Order 1992 , the Pensions Increase (Review) Order 1993 , the Pensions Increase (Review) Order 1994 , the Pensions Increase (Review) Order 1995 , the Pensions Increase (Review) Order 1996 and the Pensions Increase (Review) Order 1997 .
“official pension” has the meaning given by section 5(1) of the 1971 Act;
“pension authority” has the meaning given by section 7(1) of the 1971 Act;
“qualifying condition” means one of the conditions laid down in section 3 of the 1971 Act ;
“relevant injury pension”, “substituted pension” and “widow’s pension” have the meanings given by section 17(1) of the 1971 Act.
2
For the purposes of this Order the time when a pension “begins” is that stated in section 8(2) of the 1971 Act , and the “beginning date” shall be construed accordingly.
3
Where, for the purposes of this Order, it is necessary to calculate the number of complete months in any period an incomplete month shall be treated as a complete month if it consists of at least 16 days.
Pension increases
3
The annual rate of an official pension may, if a qualifying condition is satisfied or the pension is a derivative or substituted pension or a relevant injury pension, be increased by the pension authority in respect of any period on or after 6th April 1998 as follows —
1
a pension beginning before 7th April 1997 may be increased by 3.6 per cent of the basic rate as increased by the amount of any increase under section 1 of the 1971 Act or the existing Orders;
2
a pension beginning on or after 7th April 1997 and before 6th April 1998 may be increased by 3.6 per cent multiplied by A/B where
a
A is the number of complete months in the period between the beginning date of the pension and 6th April 1998, and
b
B is 12.
Increases in certain lump sums
4
In respect of any lump sum or instalment of a lump sum which became payable before 6th April 1998 but on or after 7th April 1997 there may be paid an increase of 3.6 per cent of the amount of the lump sum or instalment (as increased by the amount under section 1 of the 1971 Act or under the existing Orders) multiplied by A/B where
a
A is the number of complete months in the period between the beginning date for the lump sum or, if later, 7th April 1997 and the date on which it became payable; and
b
B is 12.
Reductions in respect of guaranteed minimum pensions
5
The amount by reference to which any increase in the rate of an official pension provided for by this Order is to be calculated shall, in the case of a person —
a
who is entitled to a guaranteed minimum pension on 6th April 1998; and
b
whose entitlement to that guaranteed minimum pension arises from an employment from which (either directly or by virtue of the payment of a transfer credit) entitlement to the official pension also arises,
be reduced by an amount equal to the rate of the guaranteed minimum pension unless the Treasury otherwise direct, in accordance with the provisions of section 59A of the 1975 Act.
6
The amount by reference to which any increase in the rate of a widow’s or widower’s pension provided for by this Order is to be calculated shall, where the pensioner becomes entitled on the death of the deceased spouse to a guaranteed minimum pension, be reduced in accordance with section 59(5ZA) of the 1975 Act.
Graham Allen
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd March 1998


text:
Citation, commencement and application
1
1
This Order may be cited as the Cheshire County Council (Boroughs of Halton and Warrington) (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 Cheshire (Boroughs of Halton and Warrington) (Structural Change) 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 Cheshire County Council (Boroughs of Halton and Warrington) (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 Halton Borough Council, one with the Warrington Borough Council, one with the Cheshire 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 Cheshire County Council;
b
whose employment would continue but for the transfer of functions to the Councils of the Boroughs of Halton and Warrington; and
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