text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit Amendment (New Deal) Regulations 1998 and shall come into force on 29th September 1998.
2
In these Regulations —
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 .
Notional income
2
In both regulation 26 of the Council Tax Benefit Regulations and regulation 35 of the Housing Benefit Regulations (which relate to notional income) —
a
in paragraph (3), for the words from the beginning to “regulation 75(1)(b)(ii) of those Regulations” there shall be substituted the words “Any payment of income, other than a payment of income specified in paragraph (3A)”;
b
after paragraph (3) there shall be inserted the following paragraph —
3A
Paragraph (3) shall not apply in respect of a payment of income made —
a
under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Fund, the Eileen Trust or the Independent Living Funds;
b
pursuant to section 19(1)(a) of the Coal Industry Act 1994 (concessionary coal);
c
pursuant to section 2 of the Employment and Training Act 1973 in respect of a person’s participation —
i
in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996 ;
ii
in a training scheme specified in regulation 75(1)(b)(ii) of those Regulations; or
iii
in a qualifying course within the meaning specified in regulation 17A(7) of those Regulations .
.
Notional capital
3
1
In regulation 34 of the Council Tax Benefit Regulations (which relates to notional capital) —
a
in paragraph (3), for the words from the beginning to “regulation 75(1)(b)(ii) of those Regulations” there shall be substituted the words “Any payment of capital, other than a payment of capital specified in paragraph (3A)”;
b
after paragraph (3) there shall be inserted the following paragraph —
3A
Paragraph (3) shall not apply in respect of a payment of capital made —
a
under the Trusts, the Fund, the Eileen Trust or the Independent Living Funds;
b
pursuant to section 2 of the Employment and Training Act 1973 in respect of a person’s participation —
i
in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996;
ii
in a training scheme specified in regulation 75(1)(b)(ii) of those Regulations; or
iii
in a qualifying course within the meaning specified in regulation 17A(7) of those Regulations.
.
2
In regulation 43 of the Housing Benefit Regulations (which relates to notional capital) —
a
in paragraph (3), for the words from the beginning to “regulation 75(1)(b)(ii) of those Regulations” there shall be substituted the words “Any payment of capital, other than a payment of capital specified in paragraph (3A)”;
b
after paragraph (3) there shall be inserted the following paragraph —
3A
Paragraph (3) shall not apply in respect of a payment of capital made —
a
under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) ( No. 2) Trust, the Fund, the Eileen Trust or the Independent Living Funds;
b
pursuant to section 2 of the Employment and Training Act 1973 in respect of a person’s participation —
i
in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996;
ii
in a training scheme specified in regulation 75(1)(b)(ii) of those Regulations; or
iii
in a qualifying course within the meaning specified in regulation 17A(7) of those Regulations.
.
Income to be disregarded
4
1
After paragraph 66 of Schedule 4 to the Council Tax Benefit Regulations (sums to be disregarded in the calculation of income other than earnings) there shall be added the following paragraph —
67
1
Subject to sub-paragraph (2), any discretionary payment made pursuant to section 2 of the Employment and Training Act 1973 to meet, or help meet, special needs of a person who is undertaking a qualifying course within the meaning specified in regulation 17A(7) of the Jobseeker’s Allowance Regulations 1996.
2
No amount shall be disregarded pursuant to sub-paragraph (1) in respect of travel expenses incurred as a result of the student’s attendance on the course where an amount in respect of those expenses has already been disregarded pursuant to regulation 46 (student’s income to be disregarded).
.
2
After paragraph 67 of Schedule 4 to the Housing Benefit Regulations (sums to be disregarded in the calculation of income other than earnings) there shall be added the following paragraph —
68
1
Subject to sub-paragraph (2), any discretionary payment made pursuant to section 2 of the Employment and Training Act 1973 to meet, or help meet, special needs of a person who is undertaking a qualifying course within the meaning specified in regulation 17A(7) of the Jobseeker’s Allowance Regulations 1996.
2
No amount shall be disregarded pursuant to sub-paragraph (1) in respect of travel expenses incurred as a result of the student’s attendance on the course where an amount in respect of those expenses has already been disregarded pursuant to regulation 57 (student’s income to be disregarded).
.
Capital to be disregarded
5
At the end of Schedule 5 to both the Council Tax Benefit Regulations and to the Housing Benefit Regulations (which relate to capital to be disregarded), there shall be added the following paragraph —
56
Any discretionary payment made pursuant to section 2 of the Employment and Training Act 1973 to meet, or help meet, special needs of a person who is undertaking a qualifying course within the meaning specified in regulation 17A(7) of the Jobseeker’s Allowance Regulations 1996 but only for the period of 52 weeks from the date of receipt of that payment.
.
Alistair Darling
Secretary of State for Social Security
2nd September 1998


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Public Telecommunication System Designation (Telecom Ireland Limited) Order 1998 and shall come into force on 3rd April 1998.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Barbara Roche,
Parliamentary Under-Secretary of State for Small Firms, Trade and Industry,
Department of Trade and Industry
3rd March 1998


text:
Citation and commencement
1
1
These Regulations may be cited as the Education (National Curriculum) (Exceptions at Key Stage 4) Regulations 1998 and shall come into force on 3rd September 1998.
2
These Regulations apply in relation to maintained schools in England.
Interpretation
2
In these Regulations —
“ the Act ” means the Education Act 1996;
“approved qualification” means a qualification approved under section 400 of the Act ;
“the Authority” means the Qualifications and Curriculum Authority;
“careers adviser” has the same meaning as in section 44 of the Education Act 1997;
“careers education” has the same meaning as in section 43 of the Education Act 1996;
“curriculum plan” has the meaning given by regulation 3;
“induction programme” means a programme to prepare a pupil for the curriculum to be provided by his work-related learning programme;
“location” means the place where a pupil receives his work-related learning;
“key skills” has the meaning given by regulation 4;
“Key Stage 4” is to be construed in accordance with section 355(1) of the Act;
“mentor” has the meaning given by Regulation 8;
“parent” has the meaning given by section 576 of the Act;
“school”, in relation to any pupil, means the school at which he is registered under section 434 of the Act; and
“work-related learning programme” has the meaning given by regulation 5.
3
1
A curriculum plan is a plan which sets out–
a
the contents of the curriculum to be provided for a pupil attending a work-related learning programme; and
b
the educational targets to be achieved by that programme
with the aim of ensuring that the pupil receives a broad and balanced curriculum.
2
In paragraph (1) of this regulation, the reference to the curriculum for a pupil is a reference to the whole of that curriculum, both in respect of the National Curriculum as modified pursuant to regulation 6 and in respect of the work-related learning programme attended by him.
4
“Key skills” means those skills known as–
a
application of number;
b
communication;
c
information technology;
d
working with others;
e
improving own learning and performance; and;
f
problem solving;
which are taken into account by the Secretary of State in approving qualifications under section 400 of the Act.
5
A work-related learning programme is a programme which–
a
offers pupils experience of the working environment and working practices;
b
provides pupils with the opportunity to develop literacy, numeracy and key skills through such experience;
c
is designed to complement the education being provided to pupils through the remainder of the National Curriculum which they are studying at school; and;
d
contributes, so far as is practicable, towards approved qualifications, whether vocational or not.
Disapplication of the National Curriculum
6
1
If the requirements of regulation 7 are satisfied, the National Curriculum shall not apply to a pupil in Key Stage 4 to the extent specified in paragraph (2), and his school may accordingly arrange for him to attend a work related learning programme.
2
A pupil to whom paragraph (1) of this regulation applies shall not be subject to the requirements of the National Curriculum in respect of not more than two of the subjects mentioned in paragraph (3).
3
Those subjects are–
a
modern foreign language;
b
design and technology; and;
c
science.
4
The choice of which of the subjects in paragraph (3) shall be disapplied in relation to any pupil shall rest with his school, but before making that choice it shall consult the pupil and his parents.
7
The requirements of this regulation are satisfied if the school has made arrangements for the pupil to have
a
an interview (whether with the careers adviser who has responsibility for him or otherwise) for the purposes of careers education, before his work-related learning programme commences;
b
a curriculum plan prepared after discussion with the pupil and his parents; and;
c
an induction programme.
Mentors
8
1
At every location there shall be a person nominated by the school (“the mentor”) who shall have day-to-day responsibility for the pupil.
2
Without prejudice to the generality of paragraph (1), the mentor’s duties shall in particular include responsibility for–
a
assisting the school with the preparation of the pupil’s curriculum plan and induction programme;
b
supporting and developing the pupil’s skills; and
c
attending the meetings mentioned in Regulation 9.
Meetings
9
During any period when a pupil is attending a work related learning programme, the school shall arrange a meeting to be attended by the pupil, his parents, a representative of the school (who has responsibility for that programme) and his mentor no less frequently than once in every six months.
Timetabling, preparatory work and liaison
10
The school shall ensure that, so far as is practicable, the pupil’s timetable is so arranged, preparatory work is carried out, and liaison with those persons mentioned in regulation 9 is maintained, as to ensure that the requirements of his curriculum plan are met.
Information
11
The School shall make arrangements to monitor the attendance, progress and achievements of each pupil attending a work-related learning programme and shall provide a report relating to these matters to the pupil each term that he attends such a programme.
Information
12
Schools shall supply the Authority no later than 30 October in each year with details of–
a
the number of pupils in the first and second years of Key Stage 4 for whom the National Curriculum has been disapplied under these regulations;
b
the subjects in respect of which the National Curriculum has been disapplied;
c
the content of the work-related learning programmes attended by those pupils;
d
the names of the persons involved in supplying those programmes and their locations; and
e
any approved qualifications to which those programmes contribute.
Andrew Smith
Minister of State,
Department for Education and Employment
13th August 1998


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) Regulations 1998 and shall come into force on 31st December 1998.
2
In these Regulations, the expression “the principal Regulations ” means the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) Regulations 1994 .
Amendment of the principal Regulations
2
The principal Regulations shall be amended in accordance with regulations 3 to 5 of these Regulations.
3
In Regulation 2 of the principal Regulations–
a
the following shall be added after the definition of “putting into circulation” in paragraph 1–
“the Residues Directives” means Council Directive 86/362/ EEC (as amended by Council Directives 88/298/EEC , 90/654/EEC , 93/57/EEC , 94/29/ EC , 95/39/EC , 96/33/EC , 97/41/EC and 97/71/EC ), together with Council Directive 86/363 (as amended by Council Directives 93/57/EEC , 94/29/EC , 95/39/EC , 96/33/EC , 97/41/EC and 97/71/EC ) and Council Directive 90/642 (as amended by Council Directives 93/58/EEC , 94/30/EC , 95/38/EC , 95/61/EC , 96/32/EC , 97/41/EC and 97/71/EC );
b
the following paragraph shall be inserted after paragraph 1–
1A
The words and expressions “dried”, “processed”, “composite food”, “drying”, and “processing” when used in either regulation 5 or in paragraphs (d) and (e) of regulation 7 shall have the same meaning as when used in the Residues Directives and any related expressions shall be construed accordingly.
.
4
In regulation 5 of the principal Regulations the following paragraph shall be inserted after paragraph 1–
1A
Subject to the provisions of regulation 7 the provisions of this Regulation shall apply–
i
to any products which after drying or processing are obtained from any of the products named in Part 2 of Schedule 2; and
ii
to any composite foods which include any of the products named in that Part of that Schedule
notwithstanding that no maximum permitted level has been expressly specified therein for the amount of pesticide residue which may be contained in that dried or processed product or composite food.
.
5
In regulation 7 of the principal Regulations–
a
the word “and” shall be deleted in paragraph (b);
b
in paragraph (c) the words “of Part 1” shall be inserted between the words “paragraph 3, 4 or 5” and the words “of Schedule 2” and the words “that part of” shall be inserted between the words “has been dried” and “that Schedule”;
c
after paragraph (c) there shall be inserted the following paragraphs:
d
in the case of any product named in Part 2 of Schedule 2 which has been dried or processed that part of that Schedule shall have effect where no such maximum permitted level of pesticide residue is specified therein for the product in its dried or processed form as if the maximum permitted level of pesticide residue specified opposite the name of the product in that Part of that Schedule had been modified to take account of the concentration of the product caused by the drying process or, as the case may be, the dilution or concentration of the product caused by the processing;
e
in a case where two or more products have been mixed to form a single composite food in relation to which no such maximum permitted levels are specified in Part 2 of Schedule 2, that Part of that Schedule shall have effect as if such maximum permitted levels had been specified in relation to that composite food for each of the pesticide residues which are specified therein opposite the names of each of the products which have been mixed to form the composite food taking into account–
i
the relative concentrations of each of the constituent products in the mixture; and
ii
the provisions of paragraph (d).
.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
21st November 1998
Sewel
Parliamentary Under Secretary of State, Scottish Office
22nd November 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (School Performance Information) (England) (Amendment) Regulations 1998 and shall come into force on 14th January 1999.
2
Any reference in these Regulations to the principal Regulations is a reference to the Education (School Performance Information) (England) Regulations 1998 .
Amendment
2
1
Regulation 2 of the principal Regulations (interpretation) shall be amended as follows.
2
In paragraph (1) —
a
there shall be inserted after the definition of “non-maintained special school” the following definition —
“permanent exclusion” means the permanent exclusion of a pupil from a school on disciplinary grounds and “permanently excluded” shall be construed accordingly;;
b
there shall be inserted after the definition of “public examination” the following definition —
“Register” means the register of pupils kept under section 434 of the 1996 Act and in accordance with the Education (Pupil Registration) Regulations 1995 ;
; and
c
there shall be inserted after the definition of “reporting school year” the following definitions —
“school day” has the meaning given by section 579(1) of the 1996 Act;
“school year” has the meaning given by section 579(1) of the 1996 Act;.
3
In paragraph (2)(a), there shall be substituted for “31st August” the word “day”.
3
There shall be inserted after regulation 11 of Part III of the principal Regulations (provision of information to the Secretary of State) the following regulation —
Provision of information about permanently excluded pupils
11A
1
The governing body of every county and voluntary school and every special school which is maintained by the authority and not established in a hospital to which paragraph (3) applies, shall, before 2nd February 1999, provide to the authority the information referred to in Part I of Schedule 8 in respect of any pupil permanently excluded from the school as referred to in that paragraph.
2
The governing body of every grant-maintained and grant-maintained special school which is not established in a hospital to which paragraph (3) applies, shall, before 12th February 1999, provide to the authority and the Secretary of State the information referred to in Part I of Schedule 8 in respect of any pupil permanently excluded from the school as referred to in that paragraph.
3
This paragraph applies where the permanent exclusion from a maintained school of any pupil aged 15 at the start of the school year beginning in 1998 takes effect on or after the beginning of that school year and who, as at 21st January 1999, is not shown as a registered pupil at the school in its Register.
4
Where any pupil who has been permanently excluded from a school as referred to in paragraph (3) is thereafter and before 22nd January 1999 admitted to any maintained school (referred to in this paragraph as “the admitting school”), the governing body of the admitting school shall —
a
where the admitting school is a county, voluntary or maintained special school, provide to the authority, before 2nd February 1999, the information referred to in Part II of Schedule 8 in respect of the pupil; or
b
where the admitting school is a grant-maintained or grant-maintained special school, provide to the authority and the Secretary of State, before 12th February 1999, the information referred to in Part II of Schedule 8 in respect of the pupil.
5
For the purposes of this regulation and Schedule 8, the permanent exclusion of a pupil takes effect on the first school day on which the pupil misses a school session as a result of that permanent exclusion..
4
In regulation 12(6) of the principal Regulations (publication of information by local education authorities) —
a
in sub-paragraph (b), there shall be substituted for “24th January”, the date “24th February”;
b
at the end of sub-paragraph (b)(iii), there shall be inserted the word “and”;
c
in sub-paragraph (b)(iv), there shall be omitted the word “and”; and
d
sub-paragraph (b)(v) shall be omitted.
5
There shall be inserted after Schedule 7 to the principal Regulations the Schedule set out in the Schedule to these Regulations.
Tessa Blackstone
Minister of State,Department for Education and Employment
21st December 1998


text:
Citation and commencement
1
This Order may be cited as the Local Authorities (Goods and Services) (Public Bodies) (No. 3) Order 1998 and shall come into force on 21st May 1998.
Designation of public bodies
2
Each of the following, being a person appearing to the Secretary of State for the Environment, Transport and the Regions and to the Secretary of State for Wales to be exercising functions of a public nature, shall be a public body for the purposes of the Local Authorities (Goods and Services) Act 1970 in its application to England and Wales:
Newham Healthcare Trust
Bristol Regeneration Partnership Limited
West Euston Partnership Limited
The Institute of Burial and Cremation Administration.
Restrictions on agreements
3
1
The restrictions in paragraph (2) below shall not apply in relation to the Institute of Burial and Cremation Administration.
2
Agreements which may be entered into by virtue of this Order —
a
by Newham Healthcare Trust shall be restricted to agreements with the London Borough of Newham for the supply of goods or materials or the provision of administrative, professional or technical services by that authority to that body in respect of Newham General Hospital and within that authority’s area; and
b
by Bristol Regeneration Partnership Limited or West Euston Partnership Limited shall be restricted to agreements with a local authority for the supply of goods or materials or the provision of administrative, professional or technical services by that authority to that body, in connection with financial or other assistance given or to be given to that body by any person for the purposes of the regeneration of any part of that authority’s area.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State
Department of the Environment, Transport and the Regions
22nd April 1998
Signed by authority of the Secretary of State for Wales
Win Griffith
Parliamentary Under-Secretary of State, Welsh Office
22nd April 1998


text:
1
1
These Regulations may be cited as the Education (Fees and Awards) (Amendment) Regulations 1998 and shall come into force on 1st September 1998.
2
These Regulations do not extend to Scotland.
2
The Education (Fees and Awards) Regulations 1997 shall be amended as follows.
3
In regulation 2(6)(b), for “were” there shall be substituted “where”.
4
In regulation 4(4), paragraph (a) shall be omitted.
5
In regulation 8, at the end of paragraph (3) there shall be added:
4
In any case where the relevant date is on or after 1st September 1998, and on the relevant date the person meets the residence conditions referred to in paragraph 9 of the Schedule but is not settled in the United Kingdom within the meaning of the Immigration Act 1971 , he shall nonetheless be mentioned in the Schedule for the purposes of regulations 4 if —
a
a local education authority was under a duty to bestow an award on the person pursuant to regulations made under section 1 of the Education Act 1962 in respect of his attendance at a course during an academic year beginning before 1st September 1997,
b
the award was so bestowed on the person,
c
the person immediately after ceasing to attend that course (disregarding any intervening vacation) begins to attend another course,
d
a local education authority is under a duty to bestow an award on the person pursuant to such regulations in respect of his attendance at that other course, and
e
the award is so bestowed on the person and continues to be held by the person.
5
Where the award referred to in sub-paragraph (b) of paragraph (4) was transferred pursuant to such regulations so as to be held in respect of attendance at a second or further course, the reference to “that course” in sub-paragraph (c) of paragraph (4) means the second course or, where there is a further course, the last of such further courses; and for the purposes of sub-paragraph (e) of paragraph (4) it is immaterial whether the award continues to be held in respect of attendance at the course for which it was bestowed or whether it is transferred pursuant to such regulations so as to be held in respect of attendance at another course.
6
In the Schedule —
a
in paragraph 3(1)(b), for the second “to” there shall be substituted “or”,
b
in paragraph 7, “and” shall be inserted between “worker” and “who — ”, and
c
in paragraph 8(1), “and” shall be inserted between “worker” and “who — ”.
Tessa Blackstone
Minister of State,
Department for Education and Employment
7th August 1998


text:
Citation and commencement
1
This Order may be cited as the West Wales Ambulance National Health Service Trust (Dissolution) Order 1998 and shall come into force on 1st April 1998.
Dissolution of NHS Trust
2
The West Wales Ambulance National Health Service Trust established by the West Wales Ambulance National Health Service Trust (Establishment) Order 1995 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
26th February 1998


text:
1
This Order may be cited as the Outer Space Act 1986 (Cayman Islands) Order 1998 and shall come into force one month after the date on which it is made.
2
In this Order “ the Act ” means the Outer Space Act 1986.
3
1
The Act shall extend to the Cayman Islands subject to the exceptions and modifications specified in the Schedule to this Order.
2
For the purposes of construing the Act as so extended as part of the law of the Cayman Islands any reference to the Act is a reference to the Act as it has effect in the Cayman Islands.
N.H. Nicholls
Clerk of the Privy Council


text:
Citation and interpretation
1
1
This Order may be cited as the Teaching and Higher Education Act 1998 (Commencement No. 4 and Transitional Provisions) Order 1998.
2
In this Order–
“the 1962 Act ” means the Education Act 1962 ;
“the 1998 Act ” means the Teaching and Higher Education Act 1998;
“award” means an award under the 1962 Act;
“DipHE course”, “first degree course”, “ HND course” and “postgraduate course for the initial training of teachers” have the same meanings as in the Education (Mandatory Awards) Regulations 1998 ;
“first year” in relation to a course means the first of the twelve month periods beginning on 1st January, 1st April, 1st July or 1st September according as the academic years of the course in question begin in the winter, the spring, the summer or the autumn respectively; but if students are required to begin attending the course during August or September and to continue attending through the autumn the first year of the course shall be considered to begin in the autumn rather than the summer;
“old award” means an award under section 1(1) of the 1962 Act which is an old award within the meaning of the Education (Mandatory Awards) Regulations 1998 or an award under section 1(6) of that Act which is an old award for the purposes of those Regulations as applied to such awards by virtue of section 1(7) of that Act.
Provisions coming into force
2
1
Subject to articles 3 and 4 section 44(2) of the 1998 Act shall come into force on 1st January 1999 for the purpose of bringing into force the repeal in Schedule 4 to that Act of–
a
the 1962 Act;
b
section 3 of the Education Act 1973 ;
c
section 19 of and Schedule 5 to the Education Act 1980 ;
d
in section 2(3) of the Education (Fees and Awards) Act 1983 , paragraph (a) and in paragraph (b) the word “other”;
e
section 209 of the Education Reform Act 1988 ; and
f
in section 578 of the Education Act 1996 the entries relating to the 1962 Act and the Education (Student Loans) Acts of 1990, 1996 and 1998.
2
Section 44(2) of the 1998 Act shall also come into force on 1st January 1999 for the purpose of bringing into force the repeal in Schedule 4 to that Act of paragraphs (h) and (j) of Schedule 2 to the Charities Act 1993 .
3
Sections 37 and 38 of the 1998 Act shall come into force on 1st January 1999.
4
Section 39 of the 1998 Act shall come into force on 1st February 1999.
5
Section 36 of the 1998 Act shall come into force on 1st April 1999.
Transitional and saving provisions
3
1
The repeal of the provisions of the Acts mentioned in article 2(1) shall not affect the continued operation of those provisions or of any subordinate legislation made or to be made under them with respect to, or otherwise in connection with–
a
awards bestowed before the coming in force of the repeal of the provisions;
b
the bestowing of awards on any student who attends any course referred to in article 4;
c
awards bestowed on any such student.
2
Without prejudice to the generality of paragraph (1), the repeal of the 1962 Act shall not affect the continued operation of the provisions of that Act relating to the making of subordinate legislation.
4
The courses referred to in article 3(1)(b) are:
a
a course the first year of which begins before 1st September 1999;
b
a first degree course where–
i
the student begins to attend the course immediately after ceasing to attend a DipHE course or an HND course (disregarding any intervening vacation), and
ii
an award bestowed on him in respect of his attendance at the DipHE or HND course was an old award, or where no award was bestowed an award would have been an old award if it had been bestowed;
c
a postgraduate course for the initial training of teachers where–
i
the student begins to attend the course immediately after ceasing to attend a first degree course (disregarding any intervening vacation), and
ii
an award bestowed on him in respect of his attendance at the first degree course was an old award, or where no award was bestowed an award would have been an old award if it had been bestowed.
Tessa Blackstone
Minister of State,
Department for Education and Employment
21st December 1998


text:
1
These Regulations may be cited as the Civil Aviation (Navigation Services Charges) (Amendment) Regulations 1998 and shall come into force on 1st January 1999.
2
The Civil Aviation (Navigation Services Charges) Regulations 1998 shall be amended as follows:
In regulation 2 for the Table there shall be substituted the following Table–
TABLE
Column 1 Column 2
Heathrow–London For each metric tonne, and for each fraction of a metric tonne, up to 100 metric tonnes £1.06 For each additional metric tonne, and for each fraction of a metric tonne, over 100 metric tonnes £0.44 Gatwick–London For each metric tonne, and for each fraction of a metric tonne, up to 100 metric tonnes £1.06 For each additional metric tonne, and for each fraction of a metric tonne, over 100 metric tonnes £0.44 Stansted–London For each metric tonne, and for each fraction of a metric tonne, up to 100 metric tonnes £1.06 For each additional metric tonne, and for each fraction of a metric tonne, over 100 metric tonnes £0.44 Aberdeen (Dyce) £3.06 Edinburgh £1.96 Glasgow £1.84
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
28th November 1998
We consent to the making of these Regulations
Bob Ainsworth
David Jamieson
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd December 1998


text:
Citation and commencement
1
1
These Regulations may be cited as the Local Authorities (Transport Charges) Regulations 1998.
2
These Regulations shall come into force on the twenty-eighth day after the day on which they are made.
Interpretation
2
In these Regulations —
“the 1980 Act ” means the Highways Act 1980 ;
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“local highway authority” has the meaning given by section 329(1) of the 1980 Act;
“local traffic authority” has the meaning given by section 121A of the 1984 Act;
“relevant event” has the meaning given by section 16A(1) of the 1984 Act;
“road” has the meaning given by section 142(1) of the 1984 Act;
“special event” has the meaning given by section 9(8) of the London Local Authorities Act 1995 ;
“travel concession” —
in relation to a London borough council or the Common Council of the City of London, has the meaning given by section 50(9) of the London Regional Transport Act 1984 ; and
in relation to any other authority has the meaning given by section 112(1)(f) of the Transport Act 1985 ; and
“travel concession permit” has the meaning given by section 51(3)(c) of the London Regional Transport Act 1984.
Power to impose charges
3
1
Subject to regulation 5 of these Regulations, a relevant authority having a function mentioned in column (2) of an item in a table in the Schedule to these Regulations may impose a charge in respect of their dealing in pursuance of that function with any matter of a description specified in that column of that item.
2
A charge imposed under this regulation in relation to any matter is payable by the person mentioned in column (3) of the item in the table in which the matter is specified.
Amount of charge
4
Subject to regulation 5 of these Regulations, the amount of a charge is to be at the relevant authority’s discretion and, in determining the amount, the authority shall have regard to the cost to them of dealing with matters of the description in question.
Charges in connection with travel concessions in London
5
Notwithstanding the provisions of regulations 3 and 4 of these Regulations, no charge shall be imposed by a London borough council or the Common Council of the City of London for the issue of —
a
a travel concession permit; or
b
a duplicate permit issued in replacement of a travel concession permit,
unless all the London borough councils and the Common Council of the City of London have agreed to impose a charge and have agreed the amount of the charge.
Signed by authority of the Secretary of State
Glenda Jackson
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
20th March 1998
Signed by authority of the Secretary of State for Wales
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
31st March 1998


text:
1
This Order may be cited as The A13 Trunk Road (Newham) (Temporary Prohibition of Traffic) Order 1998 and shall come into force on the 26th September 1998.
2
This Order is made because the Traffic Director for London is satisfied that traffic in the length of road described in the schedule to this Order should be prohibited from stopping because works are being or are proposed to be executed on or near that length of road.
3
During the period starting at 21.00 hours on Saturday 26th September 1998 and ending at 23.59 hours on Sunday 27th September 1998 and thereafter during the same hours on any subsequent Saturday and Sunday until 23.59 hours on 13th December 1998, subject to the provisions of article 4 below, no person shall cause or permit any vehicle to stop in the length of road described in the schedule to this Order.
4
1
The provisions of article 3 above shall apply only during such times and to such extent as may from time to time be indicated by traffic signs.
2
The provisions specified in article 3 above shall not apply in respect of–
i
any vehicle being used for the purpose of those works, or for fire brigade, ambulance or police purpose, or
ii
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
24th September 1998


text:
1
This Order may be cited as the Public Telecommunication System Designation (Telecom One 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
These Regulations may be cited as the Education (Determining School Admission Arrangements for the Initial Year) Regulations 1998 and shall come into force on 6th January 1999.
Interpretation
2
In these Regulations —
“ the Act ” means the School Standards and Framework Act 1998;
“education authority” means a local education authority;
“the initial year” means the 2000/2001 school year, and admission arrangements are “for the initial year” if 2000/2001 is the school year in which pupils are to be admitted tot he relevant school in consequence of the arrangements;
“main entrance”, in relation to a school, means the principal entrance to the land on which the school is situated, or (if it has more than one site) to the land on which the school’s principal administrative building is situated;
“school” means a maintained school ;
“section” means a section of the Act.
Prevention of premature determination of admission arrangements
3
The admission authority for a school shall not, before 1st April 1999, determine the admission arrangements for the school for the initial year or any later school year.
Determination of admission arrangements for the inital year
4
1
Every admission authority for a school shall take all steps necessary to ensure that they will, before 1st April 1999, have completed the consultation required by section 89(2) in respect of the proposed admission arrangements for the school for the initial year.
2
In addition, every such admission authority shall take all steps necessary to ensure that they will, before 1st May 1999, have determined the admission arrangements for the school for the initial year.
Relevant areas for consultation for the initial year
5
1
Paragraph (2) determines, for the purposes of section 89(3)(b), the relevant area that is to apply for consultation by an admission authority under section 89(2)(b) about the proposed admission arrangements for a school for the initial year.
2
In relation to the proposed admission arrangements for each school, the relevant area shall be the area described by a circle —
a
of which the centre is the school’s main entrance; and
b
which has a radius of 4.83 kilometres.
3
For the purposes of section 89(2)(b) as it applies to consultation about proposed admission arrangements for the initial year, a school is only to be regarded as within the relevant area prescribed by paragraph (2) if its main entrance lies within that area.
Consultation within relevant area by authority for a primary school
6
In relation to proposed admission arrangements for the initial year for a primary school, section 89(2)(b) shall only require the admission authority to consult the admission authorities for other schools in the relevant area which are primary schools.
Additional consultation requirements
7
1
In relation to proposed admission arrangements for the initial year, this regulation prescribes the admission authorities for schools who are to be consulted by virtue of section 89(2)(c).
2
Where the consulting admission authority are the education authority, they shall consult every education authority any part of whose area adjoins the area of the consulting authority.
3
Where the consulting admission authority are the governing body of the school, they shall consult every education authority any part of whose area lies within, or adjoins, the relevant area applicable by virtue of regulation 5.
Matters to which consultation is to relate
8
In relation to admission arrangements for the initial year, consultation under section 89(2) shall relate to every provision which the admission authority propose to include in those admission arrangements, except any provision of the kind mentioned in regulation 9(2).
Manner of consultation
9
1
In relation to admission arrangements for the initial year, consultation by an admission authority under section 89(2) shall consist, at least, in sending each admission authority which they are required to consult’s a written copy of the proposed admission arrangements and inviting their comments.
2
For the purpose of information, the written copy of the proposed arrangements sent for the purpose of consultation shall include any provision of the proposed admission arrangements to which, by virtue of section 103(1), section 89 does not apply; but the consulting admission authority may indicate on the written copy by any appropriate means that comments are not sought on that provision.
3
References in this regulation to sending a written copy of proposed arrangements include transmitting this written material in electronic form, except in any case where there are grounds for believing that the intended recipient is unable to make use of it in that form.
Estelle Morris
Minister of State,
Department for Education and Employment
15th December 1998
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
16th December 1998


text:
1
These Regulations may be cited as the Dual-Use and Related Goods (Export Control) (Amendment No. 2) Regulations 1998 and shall come into force on 24th April 1998.
2
The following words shall be added at the end of the definition of “the Decision” in regulation 2 of the Dual-Use and Related Goods (Export Control) Regulations 1996 :
and by Council Decision No. 98/232/ CFSP of 1998
.
Clinton-Davis,
Minister for Trade,
Department of Trade and Industry
26th March 1998


text:
Commencement and citation
1
This Order may be cited as The A1400 Trunk Road (Redbridge) Red Route Traffic Order 1996 Variation Order 1998, and shall come into force on 26th January 1998.
Amendments
2
The A1400 Trunk Road (Redbridge) Red Route Traffic Order 1996 is varied as provided by the following provisions of this Order.
3
In the table in Schedule 3A item 2 is deleted.
4
In the table in Schedule 2B a new item is added as follows —
Table
(1) (2) (3) (4) (5) Item Length of Road Restricted Hours Maximum Period of Parking Minimum Interval
1. Woodford Avenue -south-west side, between a point 32.0 metres south-east of the common boundary of Nos. 41 and 43 Woodford Avenue and a point opposite the north-western boundary of No. 35 Woodford Avenue. 7am-7pm Monday-Saturday Inclusive 1 hour 2 hours
5
In the table in Schedule 4 item 2 is amended as follows —
Between its junction with the Eastern Avenue (A12) (Gants Hill Roundabout) and a point 2.0 metres south-east of the common boundary of Nos. 25 and 27 Woodford Avenue.
6
In the table in Schedule 4 item 3 is amended as follows —
Between a point 1.0 metres north-west of the commmon boundary of Nos. 33 and 35 Woodford Avenue and a point opposite the north-western boundary of No. 35 Woodford Avenue.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
12th January 1998


text:
1
This Order shall come into force on 30th October 1998 and may be cited as the A419 Trunk Road (Latton Bypass and Slip Roads) (Detrunking) Order 1998.
2
In this Order:–
1
All measurements of distance are measured along the route of the relevant highway;
2
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State which does not specifically refer to their classification as principal roads;
ii
“the deposited plan” means the plan numbered HA 10/PS/206 marked “The A419 Trunk Road (Latton Bypass and Slip Roads) (Detrunking) Order 1998”, signed by authority of the Secretary of State and deposited at the Highways Agency, Room 5/46A, St Christopher House, London SE1 0TE;
iii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iv
“the trunk road” means the A419 Trunk Road.
3
The lengths of trunk road described in the Schedule to this Order and shown by broad striped hatching on the plan shall cease to be a trunk road. The lengths given the reference letter “A” on the deposited plan shall be classified as a classified road from the date when this Order comes into effect.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
S.G. Rowsell
Divisional Director, Highways Agency
6th October 1998


text:
1
This Order may be cited as the Public Telecommunication System Designation (Transline Communications Limited) Order 1998 and shall come into force on 5th October 1998.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Barbara Roche,
Parliamentary Under Secretary of State for Small Firms, Trade and Industry,
Department of Trade and Industry
1st September 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Doncaster Royal Infirmary and Montagu Hospital National Health Service Trust (Transfer of Trust Property) Order 1998 and shall come into force on 24th February 1998.
2
In this Order —
“the Authority” means the Doncaster Health Authority;
“the Trust” means the Doncaster Royal Infirmary and Montagu Hospital National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by, agreed upon by and signed on behalf of the Authority and the Trust on 14th November 1997.
Transfer of trust property
2
On 24th February 1998 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,
Department of Health
27th January 1998


text:
Citation and commencement
1
This Order may be cited as the Trial of the Pyx Order 1998, and shall come into force on 22nd July 1998.
Interpretation
2
1
In this Order —
“bimetallic coin” means a coin with joined inner and outer sections, one section being made of cupro-nickel and the other of nickel-brass;
“coins ready for issue” means current coins which are held by the Royal Mint for the purpose of being put into circulation or have been issued to banks for that purpose, and includes silver Maundy coins;
“gold-plated silver coin” means a silver coin plated wholly or partly with gold;
“the Goldsmiths’ Company” means the Wardens and Commonalty of the Mystery of Goldsmiths in the City of London; and
“Maundy coins” means coins of the Queen’s Maundy money.
2
Any reference in this Order to the permitted variation from the standard weight, fineness, composition or diameter shall be construed as a reference to such variation from the standard weight, fineness, composition or diameter as is allowed by the Coinage Act 1971 or any proclamation made, or having effect as if made, under that Act.
Coins to be set apart by the Mint for trial
3
1
The Deputy Master of the Mint shall with a view to the trial of the pyx cause to be selected at random and set apart —
a
one coin out of every 2,000 gold coins of each type ready for issue;
b
one coin out of every 150 silver Maundy coins ready for issue;
c
one coin out of every 3,000 silver coins (not being Maundy coins) ready for issue;
d
one coin out of every 3,000 gold-plated silver coins ready for issue;
e
i
one coin out of every 5,000 cupro-nickel coins of a denomination of more than ten pence ready for issue; and
ii
one coin out of every 20,000 cupro-nickel coins of a denomination of ten pence or less ready for issue;
provided that where in any year the total number of cupro-nickel coins subject to trial is less than 250 million, one coin out of every 5,000 such cupro-nickel coins shall be selected at random and set aside, irrespective of the denomination of those coins;
f
one coin out of every 5,000 nickel-brass coins ready for issue; and
g
one coin out of every 5,000 bimetallic coins ready for issue.
Provided always that the Deputy Master of the Mint shall ensure that of the coins ready for issue not less than ten coins of each denomination, other than silver Maundy coins, and, in the case of silver Maundy coins, not less than ten such coins, shall be selected at random and set apart, irrespective of the number of such coins that are ready for issue.
2
The gold coins, silver Maundy coins, other silver coins, gold-plated silver coins, cupro-nickel coins, nickel-brass coins and bimetallic coins so set apart shall be kept separately in such number of packets as may be convenient, and the said packets shall be sealed up at the Mint before being taken to the trial.
Preliminary arrangements for the trial
4
1
The Treasury shall, whenever it appears to them to be proper and convenient, but at least once in every year in which coins have been issued from the Mint, by warrant appoint a time and place for holding a trial of the pyx.
2
Such warrant shall be in the form set out in Schedule 1 to this Order, and shall be delivered to and received by the Queen’s Remembrancer.
3
The trial shall be held at Goldsmiths’ Hall in the City of London or, if from any cause it cannot be held there, at such other convenient place in the City of London as the Treasury shall appoint.
4
Notice in writing of the time and place of the trial shall be given by the Treasury to the proper officers of the Department of Trade and Industry requiring them to produce at the time and place specified the standard trial plates and standard weights and all other things in their possession usually produced at the trial of the pyx.
5
Notice in writing of the time and place of the trial shall be given by the Treasury to the Deputy Master of the Mint and to any other person whose presence at the trial shall be thought necessary.
6
The Treasury shall, at a convenient time before the day appointed for the trial, make a precept or request in writing addressed to the Prime Warden and Wardens of the Goldsmiths’ Company informing them of the time appointed for the trial and requesting them to summon a jury of not less than six competent freemen of the Goldsmiths’ Company or other competent persons to act as jurymen at the trial.
Conduct of the trial
5
1
The Queen’s Remembrancer shall preside at the trial and shall administer to the jury an oath in the form set out in Schedule 2 to this Order with such omissions and modifications as he thinks fit having regard to the coins set apart by the Mint for the trial.
2
If at any time the Queen’s Remembrancer, from illness or any other good cause, is unable to attend the trial, his place shall be taken by one of the other Masters of the Queen’s Bench Division of the Supreme Court, who shall perform all his functions under this Order in his stead.
3
The Queen’s Remembrancer may adjourn the trial from time to time and from place to place.
Checking of number of coins set apart
6
The jury shall ascertain the number of coins in each packet produced to them, and whether it corresponds with the number which the officers of the Mint represent the packet to contain.
Trial of gold coins
7
The jury shall take out from each packet of gold coins of each type as many coins as they think necessary for the purposes of the trial of the gold coins, and —
shall weigh in bulk the coins taken out so as to ascertain whether they are on the whole within the permitted variation from the standard weight;
after weighing the coins, shall group them by type and melt all the coins weighed into separate ingots for each type of gold coin and assay each ingot, comparing it with the standard trial plate of gold, so as to ascertain whether the metal of each ingot is on the whole within the permitted variation from the standard fineness;
shall weigh in bulk the residue of the coins remaining in the packets of gold coins so as to ascertain whether they are on the whole within the permitted variation from the standard weight; and
after weighing the residue of the coins, shall take out of the residue as many coins as they think fit and weigh and assay them separately.
Trial of silver Maundy coins
8
For the purpose of the trial of the silver Maundy coins, the jury shall take out all the coins from the packets of silver Maundy coins, and —
shall weigh the coins in bulk so as to ascertain whether they are on the whole within the permitted variation from the standard weight; and
shall assay such number of coins as they think fit, comparing them with the standard trial plate of silver, so as to ascertain whether the metal of the coins is on the whole within the permitted variation from the standard fineness.
Trial of silver coins other than Maundy coins
9
1
For the purpose of the trial of the silver coins other than Maundy coins, the jury shall ascertain —
a
whether or not the coins of each denomination contained in the packets of such silver coins weigh more than one kilogram; and
b
whether or not all the coins contained in the packets weigh more than 500 grams.
2
If the coins of any denomination weigh in all more than one kilogram —
a
the jury shall take out from each packet of silver coins other than Maundy coins as many coins of that denomination as they think fit, and —
i
shall group the coins so taken out into lots weighing not less than 980 grams nor more than one kilogram each; and
ii
shall weigh each lot in bulk so as to ascertain whether the coins in that lot are on the whole within the permitted variation from the standard weight; and
b
the jury shall weigh in bulk the residue of the coins remaining in the packets, being coins of denominations to which this paragraph applies, so as to ascertain whether they are on the whole within the permitted variation from the standard weight.
3
If the coins of any denomination weigh in all not more than one kilogram, the jury shall take out all the coins of that denomination and weigh them in bulk so as to ascertain whether they are on the whole within the permitted variation from the standard weight.
4
If the coins contained in the packets of silver coins other than Maundy coins weigh in all more than 500 grams, the jury shall assay such number of coins as they think fit, not weighing less in all than 500 grams.
5
If the coins contained in such packets weigh in all not more than 500 grams, the jury shall assay all the coins.
6
In assaying the coins, the jury shall compare them with the standard trial plate of silver so as to ascertain whether the metal of the coins is on the whole within the permitted variation from the standard fineness.
Trial of gold-plated silver coins
10
1
For the purpose of the trial of the gold-plated silver coins, the jury shall follow the procedure for silver coins set out in paragraphs (1) to (5) of article 9 above.
2
In assaying the coins, the jury shall —
a
compare the metal of the coins other than the gold-plating with the standard trial plate of silver so as to ascertain whether the metal is on the whole within the permitted variation from the standard fineness; and
b
ascertain whether the gold-plating is on the whole within the permitted variation from the standard weight.
Trial of cupro-nickel coins
11
1
For the purpose of the trial of the cupro-nickel coins, the jury shall ascertain —
a
whether or not the coins of each denomination contained in the packets of cupro-nickel coins weigh more than one kilogram; and
b
whether or not all the coins contained in the packets weigh more than 500 grams.
2
If the coins of any denomination weigh in all more than one kilogram —
a
the jury shall take out from each packet of cupro-nickel coins as many coins of that denomination as they think fit, and —
i
shall group the coins so taken out into lots weighing not less than 980 grams nor more than one kilogram each; and
ii
shall weigh each lot in bulk so as to ascertain whether the coins in that lot are on the whole within the permitted variation from the standard weight; and
b
the jury shall weigh in bulk the residue of the coins remaining in the packets, being coins of denominations to which this paragraph applies, so as to ascertain whether they are on the whole within the permitted variation from the standard weight.
3
If the coins of any denomination weigh in all not more than one kilogram, the jury shall take out all the coins of that denomination and weigh them in bulk so as to ascertain whether they are on the whole within the permitted variation from the standard weight.
4
If the coins contained in the packets of cupro-nickel coins weigh in all more than 500 grams, the jury shall assay such number of coins as they think fit, not weighing less in all than 500 grams.
5
If the coins contained in such packets weigh in all not more than 500 grams, the jury shall assay all the coins.
6
In assaying the coins, the jury shall compare them with the standard trial plates of copper and nickel so as to ascertain whether the metal of the coins is on the whole within the permitted variation from the standard composition.
7
If the number of coins of any denomination contained in the packets of cupro-nickel coins is more than ten, the jury shall measure the diameter of not less than ten, and not more than twenty, coins of that denomination.
8
If the number of coins of any denomination contained in such packets is not more than ten, the jury shall measure the diameter of all the coins of that denomination.
9
In measuring the diameter of the coins of any denomination, the jury shall ascertain whether the average diameter of the coins of that denomination is within the permitted variation from the standard diameter.
Trial of nickel-brass coins
12
1
For the purpose of the trial of the nickel-brass coins, the jury shall ascertain —
a
whether or not the coins of each denomination contained in the packets of nickel-brass coins weigh more than one kilogram; and
b
whether or not all the coins contained in the packets weigh more than 500 grams.
2
If the coins of any denomination weigh in all more than one kilogram —
a
the jury shall take out from each packet of nickel-brass coins as many coins of that denomination as they think fit, and —
i
shall group the coins so taken out into lots weighing not less than 980 grams nor more than one kilogram each; and
ii
shall weigh each lot in bulk so as to ascertain whether the coins in that lot are on the whole within the permitted variation from the standard weight; and
b
the jury shall weigh in bulk the residue of the coins remaining in the packets, being coins of denominations to which this paragraph applies, so as to ascertain whether they are on the whole within the permitted variation from the standard weight.
3
If the coins of any denomination weigh in all not more than one kilogram, the jury shall take out all the coins of that denomination and weigh them in bulk so as to ascertain whether they are on the whole within the permitted variation from the standard weight.
4
If the coins contained in the packets of nickel-brass coins weigh in all more than 500 grams, the jury shall assay such number of coins as they think fit, not weighing less in all than 500 grams.
5
If the coins contained in such packets weigh in all not more than 500 grams, the jury shall assay all the coins.
6
In assaying the coins, the jury shall compare them with the standard trial plates of copper, nickel and zinc so as to ascertain whether the metal of the coins is on the whole within the permitted variation from the standard composition.
7
If the number of coins of any denomination contained in the packets of nickel-brass coins is more than ten, the jury shall measure the diameter of not less than ten, and not more than twenty, coins of that denomination.
8
If the number of coins of any denomination contained in such packets is not more than ten, the jury shall measure the diameter of all the coins of that denomination.
9
In measuring the diameter of the coins of any denomination, the jury shall ascertain whether the average diameter of the coins of that denomination is within the permitted variation from the standard diameter.
Trial of bimetallic coins
13
1
For the purposes of the trial of the bimetallic coins, the jury shall follow the procedure for nickel-brass coins set out in paragraphs (1) to (5) and (7) to (9) of article 12 above.
2
In assaying the coins, the jury shall —
a
compare the cupro-nickel sections of the coins with the standard trial plates of copper and nickel so as to ascertain whether the metal of the coins is on the whole within the permitted variation from the standard composition; and
b
compare the nickel-brass sections of the coins with the standard trial plates of copper, nickel and zinc so as to ascertain whether the metal of the coins is on the whole within the permitted variation from the standard composition.
Findings of the jury
14
1
The jury shall by their verdict find —
a
whether the metal of the ingot for each type of gold coin is within the permitted variation from the standard fineness;
b
whether each group of gold coins weighed in bulk is on the whole within the permitted variation from the standard weight;
c
whether each of the gold coins separately weighed and assayed is within the permitted variations from the standard weight and fineness;
d
whether the silver Maundy coins weighed and the silver Maundy coins assayed are on the whole respectively within the permitted variations from the standard weight and fineness;
e
whether each group of silver coins other than Maundy coins which has been weighed in bulk is on the whole within the permitted variation from the standard weight;
f
whether such of the silver coins other than Maundy coins as have been assayed are on the whole within the permitted variation from the standard fineness;
g
whether each group of gold-plated silver coins which has been weighed in bulk is on the whole within the permitted variation from the standard weight;
h
whether such of the gold-plated silver coins as have been assayed are on the whole within the permitted variation from the standard fineness and, in relation to the gold-plating, within the permitted variation from the standard weight;
i
whether each group of cupro-nickel coins weighed in bulk is on the whole within the permitted variation from the standard weight;
j
whether the cupro-nickel coins assayed are on the whole within the permitted variation from the standard composition;
k
whether the average diameter of the cupro-nickel coins measured is within the permitted variation from the standard diameter;
l
whether each group of nickel-brass coins weighed in bulk is on the whole within the permitted variation from the standard weight;
m
whether the nickel-brass coins assayed are on the whole within the permitted variation from the standard composition;
n
whether the average diameter of the nickel-brass coins measured is within the permitted variation from the standard diameter;
o
whether each group of bimetallic coins weighed in bulk is on the whole within the permitted variation from the standard weight;
p
whether the bimetallic coins assayed are on the whole within the permitted variations from the standard compositions in relation to their inner and outer sections; and
q
whether the average diameter of the bimetallic coins measured is within the permitted variation from the standard diameter.
2
If the jury find that in any case there is any variation from the standard weight, fineness, composition or diameter, they shall specify in their verdict the amount of the variation.
Verdict
15
1
The verdict of the jury shall be in writing and signed by each of the jurymen and shall be handed to the Queen’s Remembrancer, who shall authenticate it with his signature, deposit it with the records of his office and deliver a copy of it to the Treasury. The Queen’s Remembrancer shall direct that the verdict, or those parts of the verdict which he considers appropriate, shall be read aloud in his presence.
2
The Treasury shall deliver one copy of the verdict to the proper officers of the Department of Trade and Industry and another copy to the Deputy Master of the Mint and shall cause the verdict to be published in the London Gazette.
Revocation
16
The Orders specified in Schedule 3 to this Order are hereby revoked.
N H Nicholls
Clerk of the Privy Council


text:
1
This Order may be cited as the Education (Listed Bodies) (Amendment) Order 1998 and shall come into force on 7th April 1998.
2
To the list of bodies in Part I of the Schedule to the Education (Listed Bodies) Order 1997 there shall be added (at their appropriate places in alphabetical order) the bodies named in the Schedule to this Order, being bodies which appear to the Secretary of State to fall within section 216(3) of the Education Reform Act 1988.
David Blunkett
Secretary of State for Education and Employment
17th March 1998


text:
1
This Order may be cited as the A41 Trunk Road (Camden) (Temporary Prohibition of Traffic) (No. 3) Order 1998, and shall come into force on 6th August 1998.
2
This Order is made because the Traffic Director for London is satisfied that traffic on the roads, or lengths of road, mentioned in the schedule to this Order should be prohibited because works are being or are proposed to be executed on or near those roads or lengths of road.
3
During the period starting at 00.01 hours on 6th August 1998 for a period of three months, or when those works have been completed, whichever is the sooner, no person shall cause or permit any vehicle to stop at any time in the roads, or lengths of roads, specified in the schedule to this Order.
4
1
The prohibitions specified in article 3 above shall apply only during such times and to such extent as shall from time to time be indicated by traffic signs specified by regulations or authorised under section 64 of the Road Traffic Regulation Act 1984.
2
The prohibitions specified in article 3 above shall not apply in respect of —
i
any vehicle being used for the purpose of those works, or for fire brigade, ambulance or police purposes, or
ii
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
5
In so far as, and during such times as, the prohibition specified in article 3 above is in force, the provisions of the A41 Trunk Road (Camden) Red Route Experimental (No. 2) Traffic Order 1997 are hereby suspended so far as they relate to the roads or lengths of roads specified in the schedule to this Order.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
6th August 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Fife Acute Hospitals National Health Service Trust (Establishment) Order 1998 and shall come into force on 2nd November 1998.
2
In this Order, unless the context otherwise requires–
“ the Act ” means the National Health Service (Scotland) Act 1978;
“establishment date” means 2nd November 1998;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 7A to the Act;
“the trust” means Fife Acute Hospitals National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called Fife Acute Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 12A(1)(b) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more Health Boards) shall be to provide and manage hospital accommodation and facilities at Queen Margaret Hospital, Dunfermline and Victoria Hospital, Kirkcaldy, and at establishments associated with those hospitals, and also including the management of any teaching and research facilities associated with those establishments and the support services related thereto.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1999.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions–
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment;
c
of doing such other things as are reasonably necessary for the said purposes.
Assistance by Health Board before operational date
7
1
The Fife Health Board shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (2) of this article, and provided that the liabilities have been incurred with the prior consent of the said Board.
2
The liabilities referred to in the preceding paragraph are–
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
3
The Health Board specified for the purposes of paragraph 3(1)(f) of Schedule 7A to the Act (body which is to make the scheme under section 12B of the Act for the transfer of staff) in relation to the trust shall be the Fife Health Board.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 7A to the Act (maximum value of freely disposable assets) in relation to the trust shall be £500,000.
Sam Galbraith
Minister for Health, Scottish Office
St Andrew’s House,
Edinburgh
30th October 1998


text:
Citation and commencement
1
This Order may be cited as the Southampton Community Health Services National Health Service Trust (Establishment) Amendment Order 1998 and shall come into force on 21st December 1998.
Amendment of Establishment Order
2
In the Southampton Community Health Services National Health Service Trust (Establishment) Order 1992 :–
a
for Article 3 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 section 5(1)(a) of the Act the premises specified in Part I of the Schedule to this Order, and there to provide and manage hospital accommodation and services;
b
to provide and manage pursuant to section 5(1)(b) of the Act the premises specified in Part II of the Schedule to this Order and there to provide and manage hospital accommodation and services; and
c
to own and manage pursuant to section 5(1)(a) of the Act Central Health Clinic, East Park Terrace, Southampton SO14 0YL and associated premises, and from there to provide and manage community health services.
; and
b
at the end there shall be added the Schedule set out in the Schedule to this Order.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,
Department of Health
9th December 1998


text:
1
These Regulations may be cited as the Education (Student Loans) (Amendment) Regulations 1998 and shall come into force on 1st August 1998.
2
The Education (Student Loans) Regulations 1998 shall be amended as follows.
3
In regulation 3(1) in the definition of “accelerated course” delete the words following the words “of two academic years’ duration”.
4
In regulation 4 insert the following paragraph after paragraph (4):
5
For the purposes of paragraph (2)(a) and Schedule 1 if with the agreement of the institution or institutions in question a student withdraws from a designated course without completing it and disregarding any intervening vacation immediately commences attending another designated course provided by the same or by a different institution the first day of the first course shall be regarded as the first day of the second course; or as the first day of a third or further course which the student has commenced attending in the same fashion.
.
5
In regulation 6(1) to (4) for each of the figures in the first column below substitute the corresponding figure in the second column below wherever it appears:
£ 945 £ 970 1,520 1,565 1,290 1,325 2,085 2,145 1,230 1,265 1,685 1,735
6
In paragraph 15 of Schedule 2 for the word “lender’s” substitute the word “borrower’s”.
Kim Howells
Parliamentary Under Secretary of State,
Department for Education and Employment
9th July 1998


text:
Citation and commencement
1
This Order may be cited as the East Berkshire Community Health National Health Service Trust (Establishment) Amendment Order 1998 and shall come into force on 27th July 1998.
Amendment of Establishment Order
2
For article 3 of the East Berkshire Community Health National Health Service Trust (Establishment) Order 1992 (nature and functions of the trust) there shall be substituted the following article:–
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more Health Authorities) shall be–
a
to own and manage pursuant to section 5(1)(a) of the Act:–
i
King Edward VII Hospital, St. Leonard’s Road, Windsor SL4 3DP,
ii
Upton Hospital, Albert Street, Slough SL1 2BJ,
iii
St. Mark’s Hospital, St. Mark’s Road, Maidenhead SL6 6DU,
iv
18 Sycamore Court, Springfield Road, Windsor SL4 3QQ,
v
6 Crossways Court, Osborne Road, Windsor SL4 3EL, and
vi
Sycamore Court, Springfield Road, Windsor SL4 3QQ,
and there to provide and manage hospital accommodation and services;
b
to own and manage pursuant to section 5(1)(a) of the Act:–
i
Great Hollands Health Centre, Great Hollands Square, Bracknell RG12 8WY,
ii
Dedworth Clinic, Smiths Lane, Windsor SL4 5PE,
iii
Britwell Clinic, Wentworth Avenue, Slough SL2 2DH,
iv
Wexham Court Clinic, Knolton Way, Slough SL2 5SG,
v
Skimped Hill Health Centre, Skimped Hill Lane, Market Square, Bracknell RG12 1LH, and
vi
Langley Health Centre, Common Road, Langley, Slough SL3 8LE,
and there to provide and manage community health services; and
c
to provide and manage pursuant to section 5(1)(b) of the Act Unit L27, London Road Site, Reading RG1 5AQ, and there to provide community health services.
.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,
Department of Health
16th July 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bay Community National Health Service Trust (Establishment) Order 1998 and shall come into force on 1st April 1998.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“the trust” means the Bay Community National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is hereby established an NHS trust which shall be called the Bay Community National Health Service Trust.
Functions of the trust
3
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more Health Authorities) shall be —
a
to own and manage pursuant to section 5(1)(a) of the Act hospitals, establishments and facilities in the area of Morecambe Bay Health Authority which were previously managed or provided by one or more Health Authorities, and there to provide and manage community health services; and
b
to provide and manage pursuant to section 5(1)(b) of the Act all or any of the following sites —
i
Blackhall Unit, Westmorland General Hospital, Burton Road, Kendal, Cumbria LA9 7RG,
ii
Altham Meadow, Off Altham Road, Westgate, Morecambe, Lancashire,
iii
Heysham Moss, Off Middleton Road, Heysham, Lancashire,
iv
Pointer Court, Off Ashton Road, Lancaster, Lancashire,
v
Royal Albert Farm, Off Ashton Road, Lancaster, Lancashire,
and other hospitals, establishments or facilities in the area of Morecambe Bay Health Authority, and there to provide and manage community health services.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 executive directors and 5 non-executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1998.
2
The accounting date of the trust shall be 31st March.
Restriction on disposal of assets
6
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State
Department of Health
18th March 1998


text:
1
This Order may be cited as the A5 Trunk Road (Churchbridge Improvement) Order 1998 and shall come into force on 12th February 1998.
2
In this Order —
a
all measurements of distance are measured along the route of the relevant highway;
b
i
“the main new road” means the new trunk road which the Secretary of State proposes to construct along the routes described in the Schedule to this Order.
ii
“the plan” means the plan numbered HA 10/PS/194 marked “”The A5 Trunk Road (Churchbridge Improvement), signed by authority of the Secretary of State for the Environment, Transport and the Regions and deposited at the Highways Agency, Project Services, Room 12/27, St. Christopher House, Southwark Street, London SE1 0TE.
3
The main new road shall become a trunk road from the date when this Order comes into force.
4
The centre line of the main new road is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of the main new road that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for traffic.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Derek Oddy
Divisional Director Highways Agency
22nd January 1998


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles Registration Fee Regulations 1998 and shall come into force on 1th April 1998.
Fee for registration of a mechanically propelled vehicle
2
1
A vehicle, which is note a vehicle falling within paragraph (2) below, shall not be registered under section 22 of the Vehicle Excise and Registration Act 1994 unless a fee of £25 has been paid to the Secretary of State.
2
Paragraph (1) does not apply to a vehicle which is an exempt vehicle by virtue of paragraph 18 or 19 of Schedule 2 to that Act.
Signed by authority of the Secretary of State
Helene Hayman
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
4th March 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (Further Education Institutions Information) (England) (Amendment) Regulations 1998 and shall come into force on 1st October 1998.
2
In these Regulations “the 1995 Regulations ” means the Education (Further Education Institutions Information) (England) Regulations 1995 .
Amendment of the 1995 Regulations
2
The 1995 Regulations shall be amended as specified in regulations 3 to 9 below.
3
1
Regulation 2(1) shall be amended as follows.
2
For the definition of “academic year” there shall be substituted the following definition —
“college year” means the period from 1st August to the following 31st July;
.
3
In the definition of “the document” after the words “regulation 6(2)” there shall be inserted the words “and (2A)”.
4
1
In each of the regulations specified in paragraph (2) below, for the words “academic year”there shall be substituted the words “college year”.
2
The regulations specified in this paragraph are regulation 2(1) (in the definition of “student”), 2(2), 2(3)(a), 2(4)(a) and (b) and regulation 5(2).
5
In regulation 5(7), for the words “31st December” and “academic year” there shall be substituted the words “1st March” and “college year” respectively.
6
1
Regulation 6 shall be amended as follows.
2
For paragraph (2) there shall be substituted the following paragraphs —
2
Such information shall be published on or before 1st March in each calendar year in a document (“the document”) which contains all the information specified in the Schedule in relation to the college year which immediately precedes the 1st March of the calendar year in question.
2A
For the purposes of this regulation the document can be in writing or in a form which is capable of being accessed by means of an electronic retrieval system.
.
3
For paragraph (4) there shall be substituted the following paragraph —
4
The document shall be published without charge by —
a
sending a copy to the Secretary of State for Education and Employment and to any person who requests that a copy be sent to him; and
b
providing copies to all offices of persons providing services in accordance with arrangements made, or directions given, under section 10 of the Employment and Training Act 1973 in any locality in which the institution provides education for the residents of that locality.
.
4
In paragraph (5) for the words “(4)(c) and (d)” there shall be substituted the words “(4)(b)”.
7
Part III (distribution of information) shall be omitted.
8
1
The Schedule shall be amended as follows.
2
Paragraphs 2(2), 3(2), 4(2), 5(4), 6(4), 7(2), 8(4), 9(2), 10(2) and 11(2) shall be omitted.
3
In paragraph 10(1), for the words “Database of the National Council for Vocational Qualifications” there shall be substituted the words “Qualifications Database of the Further Education Funding Council for England ”.
4
In paragraph 11(3), for the words “subparagraphs (1) and (2)” there shall be substituted the words “subparagraph (1)”.
Revocation
9
The Education (Further Education Institutions Information) (England) (Amendment) Regulations 1997 are hereby revoked.
Margaret Hodge
Parliamentary Under Secretary of State,
Department for Education and Employment
7th September 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the School Standards and Framework Act 1998 (Modification) Regulations 1998 and shall come into force on 20th November 1998.
2
In these Regulations–
“the 1996 Act ” means the Education Act 1996 ;
“the 1998 Act ” means the School Standards and Framework Act 1998;
“the relevant period” means the period beginning on 1st April 1999 and ending immediately before 1st September 1999.
Obligation to maintain grant-maintained and grant-maintained special schools
2
1
Subject to paragraph (2) below, in the relevant period a local education authority shall maintain every grant-maintained and grant-maintained special school situated in their area.
2
Where an order has been made under section 20(5) of the 1998 Act before 1st April 1999 in respect of a grant-maintained school to the effect that it shall be maintained from the appointed day by the former maintaining authority rather than the authority in whose area it is situated on the appointed day, then during the relevant period that grant-maintained school shall be maintained by the former maintaining authority referred to in that order rather than the authority in whose area it is situated.
3
A local education authority’s duty to maintain a grant-maintained or grant-maintained special school includes the duty of defraying all the expenses of maintaining it save that the authority shall have the power but not the duty to meet any such expenses which fall within the meaning of expenditure for capital purposes in section 40 of the Local Government and Housing Act 1989 .
4
For the purposes of these Regulations the expenses of maintaining a grant-maintained or grant-maintained special school include the payment of rates.
5
References in any enactment to a maintained school or a school maintained by a local education authority (however framed) shall not apply to a grant-maintained or grant-maintained special school unless these Regulations or that enactment so provide and maintenance of a grant-maintained or grant-maintained special school by a local education authority pursuant to this regulation shall not cause that school to cease to be a school of that category and to become a county, voluntary or maintained special school within the meaning of the 1996 Act.
Financing of maintained schools etc.
3
1
In relation to the relevant period, section 44(5) and (6) and Chapter IV of Part II of, and Part I and paragraph 6 of Schedule 11 to, the 1998 Act shall apply in relation to–
a
county, voluntary, maintained special, grant-maintained and grant-maintained special schools; and
b
proposed county, voluntary and maintained special schools,
within the meaning of the 1996 Act, and shall do so with the following modifications.
2
In section 44(5) references to temporary governing bodies and temporary governors shall include temporary governing bodies and temporary governors as defined in section 181(3) of the 1996 Act.
3
All references in Chapter IV of Part II of, and Part I of Schedule 11 to, the 1998 Act to maintained schools or schools maintained by a local education authority (however framed) shall be construed as references to county, voluntary, maintained special, grant-maintained and grant-maintained special schools within the meaning of the 1996 Act.
4
For section 45(3) and (4) there shall be substituted–
3
In this Chapter–
a
references, in a context referring to a local education authority or to a county, voluntary, maintained special, grant-maintained or grant-maintained special school (being references so construed in accordance with the School Standards and Framework Act 1998 (Modification) Regulations 1998), shall be read as including a new school–
i
proposals for the establishment of which have been published under section 35, 41 or 339(1) of the Education Act 1996 but not yet implemented, and
ii
which has a temporary governing body; and
b
references to the governing body of a county, voluntary, maintained special, grant-maintained or grant-maintained special school shall accordingly be read as including the temporary governing body of a new school falling within paragraph (a) .
4
In this Chapter “new school” (without more) means a new school within the meaning of Part II of the Education Act 1996.
.
5
For section 49(6)(b) there shall be substituted the following paragraph–
b
(in the case of a voluntary aided or special agreement school within the meaning of the Education Act 1996) to meet expenses payable by the governing body under section 45(1) or 59(2) or (3) of that Act.
.
Grammar school ballots
4
In section 107(5) of the 1998 Act (restriction on publication of material etc. relating to grammar school ballots)–
a
the reference in paragraph (a) to the appointed day shall have effect instead as a reference to 1st April 1999; and
b
paragraph (b) shall have effect as if the words “, in relation to any time before 1st April 1999,” were inserted before “a reference”.
Suspension of delegated budgets
5
1
In addition to the circumstances set out in paragraph 5(1) of Schedule 32 to the 1998 Act, a maintained school falling within section 49(1) of that Act shall not have a delegated budget as from the day on which section 49 comes into force if–
a
the governing body’s right to a delegated budget has been suspended under section 17 of that Act; and
b
that suspension has not been previously revoked with effect from that or any earlier day.
2
The reference in paragraph 5(5)(a) of Schedule 32 to the 1998 Act to any suspension of a school’s delegated budget by virtue of sub-paragraph (1) of that paragraph shall include any such suspension under section 17 of the 1998 Act.
6
The suspension of a governing body’s right to a delegated budget under section 28 of the School Inspections Act 1996 shall have effect for the purposes of Chapter V of Part II of the 1996 Act and Chapter IV of Part II of the 1998 Act as if made under section 117 of the 1996 Act or paragraph 1 of Schedule 15 to the 1998 Act but section 119(1)(a) of the 1996 Act or paragraph 3(1)(a) of Schedule 15 to the 1998 Act (right to appeal against imposition of suspension) shall not apply.
Capital grants for grant-maintained and grant-maintained special schools
7
1
Section 246 of the 1996 Act (capital grants) shall apply in relation to the payment of capital grant in respect of the financial year commencing on 1st April 1999 as if–
a
in subsection (1) for “the funding authority” there were substituted “the Secretary of State”; and
b
subsections (3) to (5) were omitted.
2
Section 247 of the 1996 Act (imposition of requirements on governing body in receipt of grant) shall apply in relation to payment of capital grant in respect of the financial year commencing on 1st April 1999 as if–
a
for subsections (1) to (5) there were substituted–
1
A governing body to whom any payments in respect of capital grant are made shall comply with such requirements determined by the Secretary of State as he may from time to time impose.
2
Requirements imposed under subsection (1)–
a
may be imposed on or at any time after the making of any payment by reference to which they were imposed; and
b
may at any time be waived, removed or varied by the Secretary of State.
;
b
for subsection (6) there were substituted–
6
The requirements which may be imposed by the Secretary of State on a governing body to whom payments in respect of capital grant are made may, in particular, if any conditions specified in the requirements are satisfied, require the payment to the Secretary of State of the whole or any part of the following amount.
; and
c
subsection (9) were omitted.
3
Section 248(1) to (4) of the 1996 Act (further provisions about grants) shall apply in relation to payment of capital grant in respect of the financial year commencing on 1st April 1999 as if for the references to “the funding authority” there were substituted references to “the Secretary of State”.
Recoupment: excluded pupils
8
In relation to the relevant period, section 494 of the 1996 Act shall have effect as if references to a school maintained by a local education authority included a grant-maintained school or grant-maintained special school maintained by that authority pursuant to regulation 2 of these Regulations.
Grants in respect of nursery education
9
In relation to the relevant period, section 1(3)(a) of the Nursery Education and Grant-Maintained Schools Act 1996 shall have effect as if the reference to schools maintained by local education authorities included grant-maintained and grant-maintained special schools maintained by those local education authorities.
Teachers' Pensions
10
In relation to the relevant period, paragraph 1 of Schedule 2 to the Teachers' Pensions Regulations 1997 shall have effect as if the reference to a school maintained by a local education authority included a grant-maintained school.
Estelle Morris
Minister of State,
Department for Education and Employment
28th October 1998
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
30th October 1998


text:
Citation and commencement
1
This Order may be cited as the Nottingham (Bulwell) Education Action Zone Order 1998 and shall come into force on 1st January 1999.
Interpretation
2
In this Order–
“partners” means those persons listed in Schedule 1 to this Order; and
“zone school” means a school listed in Schedule 2 to this Order.
Constitution of education action zone
3
The schools listed in Schedule 2 to this Order shall constitute collectively an education action zone under the name of the Nottingham (Bulwell) Education Action Zone (“the zone”) for the purposes of Chapter III of Part I of the School Standards and Framework Act 1998.
4
There shall be an Education Action Forum for the zone to be known as the Nottingham (Bulwell) Education Action Forum, the membership of which shall include–
a
one person appointed by the governing body of each zone school, unless any such governing body chooses not to make such an appointment;
b
either one or two persons appointed by the Secretary of State; and
c
one person appointed by each partner unless any partner chooses not to make such an appointment.
5
1
The Forum may at any time appoint–
a
one additional member from persons appearing to them to represent the Nottingham City Council Education Department;
b
either one or two additional members from persons who are members of Nottingham City Council;
c
one additional member from persons appearing to them to represent business, industry or commerce in the area;
d
up to 3 additional members from persons appearing to them to represent the voluntary, community or charitable sectors in the area; and
e
up to 6 additional members appearing to them to be able to further the objects of the zone.
2
Any member appointed under paragraph (1)(b) shall cease to hold office as a member of the Forum if he ceases to be a member of Nottingham City Council.
Disqualification from membership of the Forum
6
Articles 7 to 9 shall have effect for the purpose of prescribing the circumstances and cases in which a person is to be disqualified for holding, or continuing to hold, office as a member of the Forum.
Disqualification from membership of Forum — bankruptcy etc
7
1
Subject to the provisions of this regulation, a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if he has been adjudged bankrupt or has made a composition or arrangement with his creditors; and a member, on becoming so disqualified, shall give written notice of the fact to the secretary to the Forum.
2
Where a person is disqualified by reason of his having been adjudged bankrupt, that disqualification shall cease–
a
unless the bankruptcy order made against that person is previously annulled, on his discharge from bankruptcy; and
b
if the bankruptcy order is so annulled, on the date of the annulment.
3
Where a person is disqualified by reason of his having made a composition or arrangement with his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed and in any other case it shall cease on the expiration of three years from the date on which the terms of the deed of composition or arrangement are fulfilled.
Disqualification from membership of Forum — criminal convictions
8
1
Subject to paragraph (2) a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if–
a
within five years before his appointment would otherwise have taken effect or since his appointment, he has been convicted, whether in the United Kingdom or elsewhere, of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;
b
within twenty years before his appointment would otherwise have taken effect, he has been convicted as aforesaid and has had passed on him a sentence of imprisonment for a period of more than two and a half years; or
c
he has at any time been convicted as aforesaid and has had passed on him a sentence of imprisonment of not less than five years.
2
For the purposes of this regulation there shall be disregarded any conviction by or before a court outside the United Kingdom of an offence in respect of conduct which, if it had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom.
Disqualification — absence from meetings
9
Any member of the Forum who, without the consent of the Forum has failed to attend the meetings thereof for a continuous period of six months beginning with the date of a meeting shall, on the expiry of that period, be disqualified for continuing to be a member of the Forum without prejudice however, to his re-appointment.
Chairman’s tenure of office
10
The chairman of the Forum elected in accordance with paragraph 2 of Schedule 1 to the Act, shall hold office for one year from the date of his election (unless he resigns his office earlier), without prejudice to his eligibility to be re-elected for a further period of one year.
Estelle Morris
Minister of State,
Department for Education and Employment
3rd December 1998