type: legislation

jurisdiction: UK

text:
1
This Scheme may be cited as the Birmingham Northern Relief Road and Connecting Roads Scheme 1998 and shall come into force on 12th February 1998.
2
In this Scheme —
a
all measurements of distance are measured along the route of the relevant highway;
b
i
“connecting road” means a special road along a route described in Schedule 2 to this Scheme;
ii
“the Motorway” means a special road along the routes described in Schedule 1 to this Scheme;
iii
“the plan” means the plan folio containing 3 site plans bound together and respectively lettered A to C, numbered HA 16/PS/19, marked “The Birmingham Northern Relief Road and Connecting Roads Scheme 1998”, 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; and
iv
“the special roads” means the Motorway and each connecting road;
c
a reference to a site plan followed by the letter A, B or C is a reference to the site plan forming part of the plan and marked with that letter.
3
The Secretary of State is authorised to provide the special roads for the exclusive use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980.
4
The centre line of each of the special roads is indicated by a heavy black line on the plan.
5
Each of the special roads shall become a trunk road on the date when this Scheme comes into force.
6
The Secretary of State is authorised —
a
to construct the bridge specified in Schedule 3 to this Scheme as part of the Motorway and the connecting road given the number 10 on the plan;
b
to construct the bridge specified in Schedule 4 to this Scheme as part of the Motorway and connecting road given the number 27 on the plan and in connection with the construction of that bridge to divert the part of the navigable watercourse specified in that schedule and the towing paths adjacent to that part as shown in that schedule.
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, commencement and interpretation
1
1
This Scheme may be cited as the Workmen’s Compensation (Supplementation) (Amendment) Scheme 1998 and shall come into force on 8th April 1998.
2
In this Scheme —
“the operative date” means 8th April 1998;
“the principal Scheme” means the Workmen’s Compensation (Supplementation) Scheme 1982 ; and
“lesser incapacity allowance” means the allowance payable in accordance with article 5 of the principal Scheme.
Amendment of article 5 of the principal Scheme
2
Paragraph (2) of article 5 of the principal Scheme (lesser incapacity allowances under scheme) shall be amended by substituting for the words “9th April 1997” the words “8th April 1998”.
Substitution of Schedule 1 to the principal Scheme
3
For Schedule 1 to the principal Scheme (table of rates of lesser incapacity allowance for beneficiaries to whom article 5(2) applies and table of loss of earnings and corresponding rates of lesser incapacity allowance) there shall be substituted the Schedule set out in the Schedule to this Scheme.
Transitional provision relating to amount of allowance payable
4
1
Paragraph (2) of this article shall apply to a beneficiary who was, before the operative date, in receipt of a lesser incapacity allowance but in respect of whom the final calculation of loss of earnings required by article 7(2) of the principal Scheme had not been made by that date.
2
In such a case as is referred to in paragraph (1) the beneficiary shall be treated as entitled, from the operative date, to an allowance at the rate to which he would have been entitled had the final calculation been made before the operative date.
Transitional provision relating to claims not made, or made but not determined, before the operative date
5
1
Paragraph (2) of this article shall apply to a person whose claim for lesser incapacity allowance —
a
was not made before the operative date and who is awarded such allowance for a period after the operative date at one of the rates shown in the second column of Part II of Schedule 1 to the principal Scheme as it will have effect after the operative date; or
b
was made but not determined before the operative date.
2
Any lesser incapacity allowance which is found to be payable to a person mentioned in paragraph (1) in respect of a period before the operative date shall be paid at the rate which would have been payable in respect of that period had the amendment to the principal Scheme made by article 3 of this Scheme not been made.
Transitional provision relating to review and appeal
6
Where a lesser incapacity allowance has been awarded to a person under the principal Scheme before the operative date and a question arises as to the weekly rate of allowance payable in consequence of this Scheme, the case shall be reviewed by the adjudication officer in the light of the amendments made by, and transitional provisions contained in, this Scheme and the allowance shall continue to be payable at the weekly rate specified in the award until the question has been determined in accordance with the provisions of the principal Scheme.
Signed by authority of the Secretary of State for Social Security.
Frank Field
Minister of State,
Department of Social Security
3rd March 1998
We consent,
Graham Allen
Jim Dowd
Two of the Lords' Commissioners of Her Majesty’s Treasury
5th March 1998


text:
Citation and commencement
1
This Order may be cited as the Community Health Care: North Durham National Health Service Trust (Dissolution) Order 1998 and shall come into force on 1st April 1998.
Dissolution of NHS trust
2
The Community Health Care: North Durham National Health Service Trust established by the Community Health Care: North Durham National Health Service Trust (Establishment) Order 1993 is dissolved, and accordingly that Order is revoked.
Signed by authority of the Secretary of State for Health 19th March 1998
Alan Milburn
Minister of State
Department of Health


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Assistance (Assessment of Resources) (Amendment No. 2) Regulations 1998 and shall come into force on 11th August 1998.
2
In these Regulations “the principal Regulations ” means the National Assistance (Assessment of Resources) Regulations 1992 .
Amendment of regulation 2 of the principal Regulations
2
1
In regulation 2(1) of the principal Regulations (interpretation) —
a
in the definition of “less dependent resident” —
after the words “means a resident” there shall be inserted the words “who is in, or for whom accommodation is proposed to be provided in,”;
at the beginning of sub-paragraphs (a) and (b) the word “in” shall be deleted;
b
for the definition of “resident” there shall be substituted the following definitions —
“prospective resident” means a person for whom accommodation is proposed to be provided under Part III of the Act ;
“resident” means a person who is provided with accommodation under Part III of the Act or is a prospective resident;
.
2
At the end of regulation 2 of the principal Regulations there shall be added the following paragraph —
4
In these Regulations, unless the context otherwise requires, any reference to a resident’s accommodation, or to accommodation provided for a resident, shall be construed in the case of a resident who is a prospective resident as a reference to accommodation which is proposed to be provided for him under Part III of the Act.
.
Amendment of regulation 23 of the principal Regulations
3
In regulation 23(2)(a) of the principal Regulations (calculation of capital in the United Kingdom), there shall be added at the beginning the words —
except in the case of a prospective resident,
.
Amendment of regulation 29 of the principal Regulations
4
In regulation 29 of the principal Regulations (liable relatives — interpretation) in the definition of “periodical payment” there shall be inserted after the words “before the resident” the words “, if he is a prospective resident, is actually provided with his accommodation or, if he is not a prospective resident,”.
Amendment of Schedule 4 to the principal Regulations
5
In Schedule 4 to the principal Regulations (capital to be disregarded) —
a
in paragraph 1 —
i
for the words from “The value of” to “temporary resident” there shall be substituted the words —
1
In the case of a temporary resident who is not a prospective resident, the value of one dwelling (and not more than one dwelling)
;
ii
there shall be added at the end the following sub-paragraph —
2
In the case of a temporary resident who is a prospective resident, the value of one dwelling (and not more than one dwelling) in circumstances where he intends, on being provided in fact with accommodation under that Part of the Act —
a
to take reasonable steps to dispose of the dwelling in order that he may acquire another dwelling which he intends to occupy as his home; or
b
to return to occupy that dwelling as his home; and the dwelling to which he intends to return is available to him.
;
b
in paragraph 5, for the words
the words “the accommodation was initially provided” there shall be substituted the following —
a
in the case of a resident other than a prospective resident the words “the accommodation was initially provided”;
b
in the case of a prospective resident, the words “the local authority began to assess his ability to pay for his accommodation under these Regulations”.
.
Frank Dobson
One of Her Majesty’s Principal Secretaries of State (Department of Health)
16th July 1998


text:
1
1
This Order may be cited as the Road Traffic Act 1991 (Commencement No. 15 and Transitional Provisions) Order 1998.
2
In this Order —
“the 1991 Act ” means the Road Traffic Act 1991; and
“the appointed day” means the 10th day of April 1998.
2
1
The following provisions of the 1991 Act shall come into force on the appointed day —
a
section 81, to the extent necessary for bringing into force the provisions of paragraphs 6 and 12 of Schedule 7; and
b
paragraphs 6 and 12 of Schedule 7.
2
The following provisions of the 1991 Act shall come into force on the appointed day to the extent that they are not already in force —
a
section 67(4);
b
section 68(2)(b);
c
section 69.
3
The provisions of Orders mentioned in the Schedule to this Order, being provisions which are now spent or have become spent in consequence of the making of this Order, are hereby revoked to the extent specified in column (3) of the Schedule with effect from the appointed day.
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
31st March 1998


text:
Citation, commencement and extent
1
1
This Order may be cited as the Prohibition of Keeping or Release of Live Fish (Specified Species) Order 1998 and shall extend to England and Wales.
2
This Order shall come into force–
a
in relation to fish first kept before 1st November 1998, on 1st May 1999; and
b
in relation to fish first kept or released on or after 1st November 1998, on that date.
Prohibition of keeping or release of specified fish
2
No person shall keep or release in any part of England and Wales any live fish of the species specified in the Schedule to this Order, except under the authority of a licence granted by the Minister.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
21st September 1998
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
24th September 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of West Lindsey (Electoral Changes) Order 1998.
2
This Order shall come into force for the purposes of articles 2, 3, 5 and 6 on 6th May 1999 except that for the purpose of all proceedings preliminary or relating to an election to be held on or after that date this Order shall come into force on 10th October 1998.
3
For the purposes of article 4 this Order shall come into force on 4th May 2000, except that for the purpose of all proceedings preliminary or relating to an election of a parish councillor of the parish of Gainsborough to be held on or after that date this Order shall come into force on 10th October 1999.
4
In this Order–
“the district” means the district of West Lindsey;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to “the map” is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the District of West Lindsey (Electoral Changes) Order 1998”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of West Lindsey
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty-five wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes, or parishes and parish wards, or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or other similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of West Lindsey
3
1
Subject to the following provisions of this article, the election of councillors for wards of the district shall be by thirds.
2
Elections of all councillors for wards of the district shall be held simultaneously on the ordinary day of election of councillors in 1999 .
3
The councillors holding office for any ward in the district immediately before 10th May 1999 shall retire on that date and the newly elected councillors for any such ward shall come into office on that date.
4
The order of retirement of councillors shall be as set out in Schedule 2.
5
Where the number of councillors elected in 1999 for any ward of the district is two, the first to retire shall, subject to paragraphs (7) and (8) below, be the councillor elected by the smaller number of votes.
6
Where the number of councillors elected in 1999 for any ward of the district is three–
a
the first to retire shall, subject to paragraphs (7) and (8) below, be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
7
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any such year, the person to retire in that year shall be determined by lot.
8
If an election of councillors for any ward is not contested, the person to retire in each such year shall be determined by lot.
9
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
10
Except as otherwise provided in the foregoing paragraphs of this article, the term of office of councillors shall be four years and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly elected councillors shall come into office on the day on which their predecessors retire.
Wards of the parish of Gainsborough
4
1
The existing wards of the parish of Gainsborough shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Numbers of parish councillors
5
The number of councillors to be elected for the Keelby parish shall be eleven.
Parish elections
6
1
The ordinary elections of parish councillors for the parishes of East Stockwith, Great Limber and Toft Newton in 1999 shall not take place; and any such parish councillor holding office immediately before 10th May 1999 who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until 8th May 2000.
2
Elections of all parish councillors for the parishes of Cold Hanworth, East Stockwith, Faldingworth, Great Limber, Hackthorn, Laughton, Northorpe, Scotton, Sudbrooke, Swallow, Toft Newton, Wickenby and Spridlington shall be held simultaneously on the ordinary day of election of councillors in 2000 and every fourth year after 2000.
3
The term of office of any parish councillor elected on the ordinary day of election of councillors in 1999 for the parishes of Corringham, Tealby, Walesby, Morton, Bishop Norton, Glentham, Snitterby, Waddingham and Stainton le Vale shall be three years.
4
Elections of all parish councillors for the parishes of Corringham, Tealby, Walesby, Morton, Bishop Norton, Glentham, Snitterby, Waddingham and Stainton le Vale shall be held simultaneously on the ordinary day of election of councillors in 2002 and every fourth year after 2002.
5
Except as otherwise provided in the foregoing paragraphs of this article, the term of office of parish councillors shall be four years and all parish councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly elected parish councillors shall come into office on the day on which their predecessors retire.
6
Rule 8 of the Local Elections (Parishes and Communities) Rules 1986 (filling of casual vacancies) shall have effect, in the case of a casual vacancy occurring before 8th May 2000 in the office of a parish councillor for the parish of East Stockwith, Great Limber and Toft Newton as if the references in paragraphs (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to 8th May 2000.
Revocation
7
The District of West Lindsey (Electoral Arrangements) Order 1978 is hereby revoked.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
21st September 1998


text:
Commencement and citation
1
This Order may be cited as The A1 Trunk Road (Barnet) Red Route (Clearway) Traffic Order 1996 Variation Order 1998, and shall come into force on 4th January 1999.
Variations
2
The A1 Trunk Road (Barnet) Red Route (Clearway) Traffic Order 1996 is varied by the following provision of this Order.
3
In Schedule 2, items 14 and 15 are deleted.
Signed in accordance with a direction from the Secretary of State
Derek Turner
Traffic Director for London
11th December 1998


text:
Citation and commencement
1
This Order may be cited as the Birmingham (Kitts Green and Shard End) 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 Birmingham (Kitts Green and Shard End) 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 Birmingham (Kitts Green and Shard End) 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
up to 6 additional members from persons appearing to them to represent the interests of businesses in the area served by the zone schools;
b
up to 4 additional members from persons appearing to them to represent the interests of institutions within the further or higher education sector (within the meaning of, respectively, section 91(3) and (5) of the Further and Higher Education Act 1992 ) in the City of Birmingham;
c
up to 6 additional members from persons appearing to them to represent the voluntary, community and charitable sectors in the area served by the zone schools;
d
one additional member from persons appearing to them to represent the interests of the health sector in the area served by the zone schools;
e
one additional member from persons appearing to them to represent the Social Services Department of Birmingham City Council;
f
one additional member from persons appearing to them to represent the West Midlands Police Force;
g
up to 3 additional members from persons who are members of Birmingham City Council;
h
either one or two additional members from persons appearing to them to represent head teachers of zone schools;
i
one additional member from persons who are members of the Academy of Youth Limited;
j
up to 4 additional members appearing to them to be able to further the objectives of the zone;
k
up to 6 additional members from persons who are officers of Birmingham City Council;
l
either one or two additional members from persons who are members of the Birmingham and Solihull Training and Enterprise Council;
m
up to 6 additional members from persons who are members of appropriate trade unions;
n
either one or two additional members from persons aged between sixteen and nineteen;
o
either one or two additional members from persons who are parents of children who are registered pupils at a zone school; and
p
up to 4 additional members from persons representing religious organisations.
2
Any member appointed under paragraph (g), (i), (k), (l) or (m) of paragraph (1) shall cease to hold office as a member of the Forum if he ceases to be a member of, or officer of, the relevant body referred to in any of those sub-paragraphs.
3
Any member appointed under paragraph (1)(n) shall cease to hold office as a member of the Forum when he reaches the age of 20.
4
Any member appointed under paragraph (1)(o) shall cease to hold office as a member of the Forum if he ceases to be a parent of a child who is a registered pupil at a zone school.
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


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Dental Practice Boards (Personal Dental Services) Regulations 1998 and shall come into force on 1st October 1998.
2
In these Regulations–
“ the Act ” means the National Health Service (Primary Care) Act 1997;
“the Board” has the meaning given in section 17(6) of the Act;
“pilot patient” means a person who receives personal dental services under a pilot scheme ;
“pilot scheme provider” means a person, other than an authority , who is a party to a pilot scheme;
“prior approval system” means a system which requires a pilot scheme provider to submit to an authority for approval a description of the dental treatment a dental practitioner who performs personal dental services is proposing to carry out.
Functions exercisable in accordance with Directions
2
1
For the purposes of section 17(3)(a), (b) and (c) of the Act, the three functions set out in paragraphs (2), (3) and (4) are functions which the Board shall carry out in accordance with directions given by the Secretary of State under section 17(4) of the Act.
2
The first function is that of collecting and verifying information, preparing statistics and reports and conducting or commissioning surveys or other research relating to the provision of personal dental services.
3
The second function is that of monitoring the provision of personal dental services by carrying out examinations of pilot patients (with their consent) and by such other means as may be specified in directions given by the Secretary of State to the Board under section 17(4) of the Act.
4
The third function is, when such a function is delegated to the Board pursuant to paragraph (5), that of making payments to pilot scheme providers on behalf of a Health Authority in England and Wales, or that of approving payments to pilot scheme providers on behalf of a Health Board in Scotland.
5
For the purposes of paragraph (4), a Health Authority may delegate to the Dental Practice Board its function of making payments to pilot scheme providers and a Health Board may delegate to the Scottish Dental Practice Board its function of approving payments to pilot scheme providers.
Prior approval
3
1
An authority may delegate to the Board any function it may have to operate a prior approval system, and where such a function is so delegated the Board shall perform it on behalf of the authority.
2
Where the Board operates a prior approval system as set out in paragraph (1) it shall send to the pilot scheme provider a copy of any correspondence it sends to the dental practitioner who is to perform the personal dental services which are subject to the prior approval.
Overpayments
4
An authority may delegate to the Board any function it may have in relation to the recovery of payments made to a pilot scheme provider owing to an error or in circumstances where it was not due, and where such a function is so delegated the Board shall perform it on behalf of the authority.
Superannuation
5
A Health Authority may delegate to the Dental Practice Board its function of collecting any superannuation contribution payable in respect of any pilot scheme provider and of sending such contribution to the NHS Pensions Agency, and where such a function is so delegated the Dental Practice Board shall collect such superannuation contributions on behalf of the Health Authority.
Monitoring dental treatment
6
The Board may direct a dental practitioner who performs personal dental services to submit to the Board, in relation to treatment or a description of treatment that he has carried out or proposes carrying out, such information (including radiographs, models and other items) as is requested by the Board.
Frank Dobson
One of Her Majesty’s Principal Secretaries of State,
Department of Health
10th September 1998


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Plastic Materials and Articles in Contact with Food Regulations 1998 and shall come into force on 1st July 1998.
2
These Regulations apply in Great Britain.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Food Safety Act 1990;
“additive” means a substance, other than one which directly influences the formation of polymers, which is —
incorporated into a plastic material or article to achieve a technical effect in the finished product and is intended to be present in the finished product; or
used to provide a suitable medium in which polymerisation occurs;
“business” has the same meaning as it has in the Act;
“capable” means capable as established under regulation 6;
“ Council Directive 82/711 ” means Council Directive 82/711/ EEC laying down the basic rules necessary for testing migration of the constituents of plastic materials and articles intended to come into contact with foodstuffs , as amended by Commission Directives 93/8/EEC and 97/48/ EC ;
“ the Directive ” means Commission Directive (EEC) No. 90/128 relating to plastics materials and articles intended to come into contact with foodstuffs (as corrected) and as amended by Commission Directives 92/39/EEC , 93/9/EEC , 95/3/EC and 96/11/EC ;
“ EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;
“EEA State” means a State (other than the United Kingdom) which is a contracting party to the EEA Agreement;
“food” has the same meaning as it has in section 16(5) of the Act;
“good technical quality” means good technical quality as regards the purity criteria;
“human consumption” has the same meaning as it has in the Act;
“import” means import in the course of a business;
“monomer” means anything which is included for the purposes of the Directive among monomers and other starting substances;
“the 1987 Regulations ” means the Materials and Articles in Contact with Food Regulations 1987 ;
“the 1992 Regulations ” means the Plastic Materials and Articles in Contact with Food Regulations 1992 ;
“person charged” includes, in Scotland, the accused;
“plastic material or article” means anything which for the purposes of the Directive is included among those plastics materials and articles and parts thereof to which the Directive applies;
“preparation” has the same meaning as it has in the Act; and
“sell” includes offer or expose for sale or have in possession for sale, and “sale” shall be construed accordingly.
2
For the purposes of these Regulations the supply of any plastic material or article, otherwise than on sale, in the course of a business shall be deemed to be a sale of the plastic material or article.
3
Any expression, other than one defined in paragraph (1) of this regulation, used both in these Regulations and in the Directive, Council Directive 82/711 or Council Directive 85/572/EEC laying down the list of simulants to be used for testing migration of constituents of plastic materials and articles intended to come into contact with foodstuffs has, in so far as the context admits, the same meaning as it bears in the Directive in which it appears.
4
Any reference in these Regulations to a numbered regulation or Schedule shall unless the context otherwise requires be construed as a reference to the regulation or Schedule bearing that number in these Regulations.
Restriction on the use, sale or importation of plastic materials and articles
3
1
A plastic material or article which fails to meet the requisite standards shall not be —
a
used by any person in the course of a business in connection with the storage, preparation, packaging, sale or serving of food for human consumption;
b
sold by any person for the purpose of its being used in connection with the storage, preparation, packaging, sale or serving of food for human consumption; or
c
imported by any person from any place other than an EEA State for the purpose of its being used in connection with the storage, preparation, packaging, sale or serving of food for human consumption.
2
In any proceedings for an offence under these Regulations where it is alleged that a plastic material or article which fails to meet the requisite standards was used, sold or imported it shall be a defence for the person charged to prove that the plastic material or article in respect of which the offence is alleged to have been committed was intended for export to a country, other than an EEA State, which has legislation analogous to these Regulations and that the plastic material or article complies with such legislation.
3
In any proceedings for an offence under these Regulations where it is alleged that a plastic material or article which fails to meet the requisite standards was used, sold or imported it shall be a defence for the person charged to prove that the plastic material or article was manufactured —
a
before 1st July 1998; and
b
in accordance with regulation 5 of the 1992 Regulations as that regulation applied when the plastic material or article was manufactured.
4
For the purposes of this regulation a plastic material or article fails to meet the requisite standards —
a
if —
i
it has been manufactured with a prohibited monomer as described in regulation 4(1) or a prohibited additive as described in regulation 5(1) or does not comply with regulation 4(5) or 7; and
ii
no defence indicated in regulation 4(7), 5(2) or 7(5) would be available in proceedings for an offence under these Regulations relating to that manufacture or want of compliance; or
b
if it has been manufactured outside Great Britain and sub-paragraph (a) above would have applied to it had it been manufactured in Great Britain.
Restriction on manufacture with monomers
4
1
Subject to the following paragraphs of this regulation, no plastic material or article shall be manufactured by any person with any prohibited monomer, that is to say any monomer other than a monomer which is —
a
of good technical quality;
b
identifed by PM/REF No., CAS No. (if any) and name respectively in columns 1, 2 and 3 of the relevant section of Part 1 of Schedule 1; and
c
used in accordance with the restrictions (if any) specified in the corresponding entry in column 4 of the relevant section of that Part of that Schedule.
2
For the purposes of this regulation the relevant section of Part I of Schedule 1 is —
a
in the case of a plastic material or article manufactured before 1st January 1999, Section A, B or C;
b
in the case of a plastic material or article manufactured after 31st December 1998 and before 1st January 2002, Section A or B; and
c
in the case of a plastic material or article manufactured after 31st December 2001, Section A.
3
Paragraph (1) of this regulation does not apply to the use of a monomer in the manufacture of any —
a
surface coatings obtained from resinous or polymerised products in liquid, powder or dispersion form, including, but not limited to, varnishes, lacquers and paints;
b
silicones;
c
epoxy resins;
d
products obtained by means of bacterial fermentation;
e
adhesives and adhesion promoters; or
f
printing inks.
4
Paragraph (1) of this regulation shall not be taken to prohibit the manufacture of any plastic material or article with any substance if the substance is a mixture which falls within paragraph 3(c) of Annex II to the Directive and does not contravene paragraph 4 of that Annex.
5
Subject to paragraph (6) of this regulation, where column 4 of the relevant section of Part I of Schedule 1 expresses a migration limit of mg/ kg in relation to any monomer, no plastic material or article manufactured from that monomer shall be capable of transferring constituents of that monomer to food with which that plastic material or article may come into contact in quantities exceeding the appropriate limit, and for the purposes of this paragraph the appropriate limit is —
a
the number of milligrams expressed therein released per kilogram of food in the case of any plastic material or article other than one specified in sub-paragraph (b) below; and
b
one sixth of the number of milligrams expressed therein per square decimetre of surface area of the plastic material or article if the plastic material or article comprises —
i
an article which is a container or is comparable to a container or which can be filled, with a capacity of less than 500 millilitres or more than 10 litres, or
ii
sheet, film or other material which cannot be filled or for which it is impracticable to estimate the relationship between the surface area of that material and the quantity of food in contact with that surface area.
6
A plastic material or article manufactured from any monomer in respect of which column 4 of the relevant section of Part I of Schedule 1 expresses a migration limit of mg/kg shall not be considered capable of transferring constituents of that monomer to food with which that plastic material or article may come into contact in quantities exceeding the appropriate limit in paragraph (5) of this regulation if the only food which that plastic material or article may come into contact with is food to which regulation 7(3) applies.
7
In any proceedings for an offence under these Regulations where it is alleged that a plastic material or article does not comply with paragraph (1) of this regulation because it was manufactured with any monomer (whether or not of good technical quality) other than one identified in the relevant section of Part I of Schedule 1, it shall be a defence for the person charged to prove that —
a
each such monomer is present in the finished plastic material as an impurity, a reaction intermediate or a decomposition product which falls within paragraph 3(a) of Annex II to the Directive,
b
each such monomer is an oligomer or a natural or synthetic macromolecular substance or a mixture thereof which falls within paragraph 3(b) of that Annex, or
c
each such monomer falls within either sub-paragraph (a) or sub-paragraph (b) above,
and does not contravene paragraph 4 of that Annex.
8
Part II of Schedule 1 shall have effect to supplement this regulation and Part I of Schedule 1.
Restriction on manufacture with additives
5
1
Subject to the following paragraphs of this regulation, no person shall use in the manufacture of plastic materials or articles any prohibited additive, that is to say an additive identified by PM/REF No., CAS No. (if any) and name respectively in columns 1, 2 and 3 of Part I of Schedule 2 which is not of good technical quality.
2
In any proceedings for an offence under these Regulations, where it is alleged that the commission of the offence is due to the manufacture of a plastic material or article with any additive identified in Part I of Schedule 2 which is not of good technical quality, it shall be a defence for the person charged to prove that each such additive is present in the finished plastic material or article as an impurity, a reaction intermediate or a decomposition product.
3
Part II of Schedule 2 shall have effect to supplement this regulation and Part I of Schedule 2.
Method of testing capability of transferring constituents
6
1
For the purposes of these Regulations, a plastic material or article shall be treated as being capable of transferring constituents to food with which it may come into contact to the extent that it is established for those purposes —
a
in any case other than one to which sub-paragraph (b) below relates, by the verification methods specified in Schedules 3 and 4;
b
in any case where the extent to which vinyl chloride, as identified in Section A of Part I of Schedule 1, is capable of such transfer falls to be established, by the method referred to in regulation 14(2) of the 1987 Regulations.
2
In Schedules 3 and 4, references to migration or release of a substance shall be construed as references to the transfer of constituents to the simulant representing the food or, as the case may be, food with which it may come into contact.
3
In paragraph (1)(a) above analytical tolerances, as referred to in paragraph 8 of Schedule 3, shall be treated as included among verification methods.
Transfer of constituents
7
1
No plastic material or article shall be capable of transferring its constituents to food with which it may come into contact in quantities exceeding the appropriate limit.
2
For the purposes of this regulation a plastic material or article shall not be considered capable of transferring its constituents to food with which it may come into contact, in quantities exceeding the appropriate limit, if the only food which that plastic material or article may come into contact with is food to which paragraph (3) below applies.
3
This paragraph applies to food which is specified in the Table to Part IV of Schedule 4 where there is no “X” placed anywhere in the group of columns headed “Simulants to be used” opposite that food.
4
For the purposes of this regulation the appropriate limit is —
a
an overall migration limit of 60 milligrams of constituents released per kilogram of food in the case of any plastic material or article comprising —
i
an article which is a container or is comparable to a container or which can be filled, with a capacity of not less than 500 millilitres and not more than 10 litres;
ii
an article which can be filled and for which it is impracticable to estimate the surface area in contact with food;
iii
a cap, gasket, stopper or similar device for sealing, and
b
in the case of any other plastic material or article, an overall migration limit of 10 milligrams per square decimetre of the surface area of the plastic material or article.
5
In any proceedings for an offence under these Regulations an element of which is that a plastic material or article does not comply with this regulation the defences in paragraph 6(2) and 7(2) of Schedule 3 shall be available as specified therein.
Labelling
8
1
Subject to paragraph (2) of this regulation, at marketing stages other than the retail stage a person who is in possession of any plastic material or article which is intended to come into contact with food shall ensure that that plastic material or article is accompanied by a written declaration attesting that it complies with the legislation applicable to it.
2
Paragraph (1) of this regulation shall not apply to a person in possession of any plastic material or article which by its nature is clearly intended to come into contact with food.
Enforcement
9
1
Each authority which is the enforcement authority for the 1987 Regulations shall enforce and execute in its area the provisions of these Regulations.
2
Nothing in this regulation shall be taken as authorising in Scotland an enforcement authority to institute proceedings for an offence against these Regulations.
Offences
10
1
Any person who contravenes or fails to comply with regulation 3, 4(1), 5(1) or 8 shall be guilty of an offence.
2
Any person who —
a
intentionally obstructs any person acting in the execution of these Regulations, or
b
without reasonable cause, fails to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the performance of his functions under these Regulations, shall be guilty of an offence.
3
Nothing in paragraph (2)(b) of this regulation shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
4
Any person who, in purported compliance with any such requirement as is mentioned in paragraph (2)(b) of this regulation —
a
furnishes information which he knows to be false or misleading in a material particular, or
b
recklessly furnishes information which is false or misleading in a material particular, shall be guilty of an offence.
5
Where an offence under these Regulations which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, and in Scotland, any partner of a partnership, or
b
any person who was purporting to act in any such capacity,
he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
6
For the purposes of paragraph (5) of this regulation “body corporate” shall in Scotland include a partnership.
7
Where the commission by any person of an offence under these Regulations is due to an act or default of some other person, that other person shall be guilty of the offence; and a person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings are taken against the first mentioned person.
8
In any proceedings for an offence under these Regulations it shall, subject to paragraph (12) below, be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or by a person under his control.
9
Without prejudice to the generality of paragraph (8) of this regulation, a person charged with an offence under these Regulations who neither —
a
prepared the plastic material or article in respect of which the offence is alleged to have been committed, nor
b
imported it into Great Britain,
shall be taken to have established the defence provided by that paragraph if he satisfies the requirements of paragraph (10) or (11) of this regulation.
10
A person satisfies the requirements of this paragraph if he proves —
a
that the commission of the offence was due to an act or default of another person who was not under his control, or to reliance on information supplied by such a person;
b
that he carried out all such checks of the plastic material or article in question as were reasonable in all the circumstances, or that it was reasonable in all the circumstances for him to rely on checks carried out by the person who supplied the plastic material or article to him; and
c
that he did not know and had no reason to suspect at the time of the commission of the alleged offence that his act or omission would amount to an offence under these Regulations.
11
A person satisfies the requirements of this paragraph if the offence is one of sale and he proves —
a
that the commission of the offence was due to an act or default of another person who was not under his control, or to reliance on information supplied by such a person;
b
that the sale of which the alleged offence consisted was not a sale under his name or mark; and
c
that he did not know, and could not reasonably have been expected to know, at the time of the commission of the alleged offence that his act or omission would amount to an offence under these Regulations.
12
If in any case the defence provided by paragraph (8) of this regulation involves the allegation that the commission of the offence was due to an act or default of another person, or to reliance on information supplied by another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless —
a
at least seven clear days before the hearing, and
b
where he has previously appeared before a court in connection with the alleged offence, within one month of his first such appearance,
he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession, and in this paragraph any reference to appearing before a court shall be construed as including a reference to being brought before a court.
13
Any person guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or to both and on conviction on indictment to a fine or to imprisonment for a term not exceeding two years or both.
14
No prosecution for an offence under these Regulations shall be begun after the expiry of —
a
three years from the commission of the offence; or
b
one year from its discovery by the prosecutor,
whichever is the earlier.
Presumption as to food with which a plastic material or article is to come into contact
11
In establishing which descriptions of food a plastic material or article may come into contact with it shall be assumed for the purposes of these Regulations, until the contrary is proved, that, if particulars are shown in relation to that plastic material or article in accordance with the 1987 Regulations, those particulars are accurate and that, unless the particulars so indicate, there are no restrictions on the intended conditions of contact.
Application of other provisions
12
1
The following provisions of the 1987 Regulations shall apply in relation to plastic materials or articles as they apply to materials and articles for the purposes of those Regulations, as if those provisions formed part of these Regulations —
a
regulation 12 (powers of authorised officers);
b
regulation 13 (analysis, examination and testing);
c
regulation 16 (confidentiality);
d
regulation 17 (authorised officer acting in good faith);
e
regulation 20 (evidence of analysis); and
f
regulation 21 (analysis by Government chemist).
2
Section 3(4) of the Act (relating to the presumption of intention for human consumption) shall apply for the purposes of these Regulations as it applies for the purposes of the Act.
3
Sections 29 and 30 of the Act (which deal with procurement and analysis of samples) shall, in so far as they relate to plastic materials or articles, be modified to the extent necessary to avoid restricting the scope of paragraph (1)(a), (b), (e) and (f) above.
Amendment of existing Regulations
13
In the Food Safety (Sampling and Qualifications) Regulations 1990 in Schedule 1 (provisions to which those Regulations do not apply) for the title and reference of the 1992 Regulations there shall be substituted the title and reference of these Regulations.
Revocation of existing Regulations
14
The 1992 Regulations, the Plastic Materials and Articles in Contact with Food (Amendment) Regulations 1995 , the Plastic Materials and Articles in Contact with Food (Amendment) Regulations 1996 and the Plastic Materials and Articles in Contact with Food (Amendment) (No. 2) Regulations 1996 are hereby revoked.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
28th May 1998
Signed by authority of the Secretary of State for Health
Tessa Jowell
Minister of State for Public Health,
Department of Health
1st June 1998
Signed by the authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
28th May 1998
Sam Galbraith
Parliamentary Under Secretary of State, Scottish Office
29th May 1998


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Education (Assisted Places) (Amendment) Regulations 1998, and shall come into force on 1st September 1998.
2
These Regulations shall apply in relation to a school year beginning on or after the date mentioned in paragraph (1).
3
In these Regulations, a reference to the principal Regulations is a reference to the Education (Assisted Places) Regulations 1997 .
Amendments to Parts II, III and V of the principal Regulations
2
Parts II, III and V of the principal Regulations shall be amended in accordance with regulations 3 to 9 below.
3
In regulation 4, for “regulations 5, 6 and 19(7),” there shall be substituted “regulation 6, and without prejudice to regulation 19(7),”.
4
Regulation 5 shall be omitted.
5
In regulation 6(1), for “regulation 4 or 5” there shall be substituted “regulation 4 or 19(7)”.
6
In regulation 10(4) and (6), for “£1,230” in each place where it appears there shall be substituted “£1,265”.
7
Regulation 11(5) shall be omitted.
8
In regulation 16, for “Fees” there shall be substituted “Subject to the provisions of regulations 11 to 13, fees”.
9
In regulation 19(7), for “Without prejudice to regulations 5 and 6” there shall be substituted “Subject to regulation 6”.
Amendments to Schedule 2 to the principal Regulations
10
In paragraph 1 of Schedule 2 to the principal Regulations, for “£10,135” there shall be substituted “£10,414”.
11
For the table following paragraph 2(1) of that Schedule there shall be substituted the following Table —
TABLE
(1) (2) (3) (4) Part of relevant income to which specified percentage applies Only assisted pupil (%) Each of two assisted pupils (%) Each of three assisted pupils (%)
That part (if any) which exceeds £10,248 but does not exceed £11,144 9 6.75 5.25 That part (if any) which exceeds £11,144 but does not exceed £12,053 12 9 7 That part (if any) which exceeds £12,053 but does not exceed £13,858 15 11.25 8.75 That part (if any) which exceeds £13,858 but does not exceed £16,639 21 15.75 12.25 That part (if any) which exceeds £16,639 but does not exceed £20,264 24 18 14 That part (if any) which exceeds £20,264 33 24.75 19.25
;
Stephen Byers
Minister of State,
Department for Education and Employment
8th July 1998
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
15th July 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Gateshead Health 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 Gateshead Health 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 Gateshead Health National Health Service Trust.
Nature and 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 to provide and manage pursuant to section 5(1)(b) of the Act Queen Elizabeth Hospital, Queen Elizabeth Avenue, Sheriff Hill, Gateshead, Tyne and Wear NE9 6SX and other hospitals or other establishments or facilities in the area of Gateshead and South Tyneside Health Authority, and there to provide hospital accommodation and services and community health services.
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 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
19th March


text:
1
1
This Order may be cited as the A59 Trunk Road (A56 Junction Improvement) Order 1998 and shall come into force on 20th March 1998.
2
In this Order all measurements of distance are measured along the route of the relevant highway.
2
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road from the date when this Order comes into force.
3
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan numbered HA10 NNMD4, marked “A59 Trunk Road (A56 Junction Improvement) Order 1998”, signed by authority of the Secretary of State and deposited at the Department of the Environment, Transport and the Regions, Great Minster House, 76 Marsham Street, London SW1P 4DR; and
4
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk 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 new trunk road is opened for traffic.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Derek Oddy
Divisional Director, The Highways Agency
23rd February 1998


text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Telecommunications (Data Protection and Privacy) (Direct Marketing) Regulations 1998 and shall come into force on 1st May 1999.
Interpretation
2
1
In these Regulations —
“corporate subscriber” means a subscriber who is not an individual, that is to say, a subscriber who is —
a company within the meaning of section 735(1) of the Companies Act 1985 ;
a company incorporated in pursuance of a royal charter or letters patent;
a partnership in Scotland;
a corporation sole, or
any other body corporate or other entity which is a legal person distinct from the persons (if any) of which it is composed;
“the Data Protection Registrar” and “the Registrar” both mean the Registrar appointed under section 3 of the Data Protection Act 1984 ;
“the Directive” means Directive 97/66/ EC of the European Parliament and of the Council of the European Union ;
“the Director” means the Director General of Telecommunications appointed under section 1 of the Telecommunications Act 1984 ;
“individual” means a living individual and includes an unincorporate body of such individuals;
“public telecommunications network” means any transmission system and, where applicable, switching equipment and other resources which —
permit the conveyance of signals between defined termination points by wire, by radio, by optical or by other electromagnetic means, and
are used, in whole or in part, for the provision of publicly available telecommunications services;
“subscriber” means a person who is a party to a contract with a telecommunications service provider for the supply of publicly available telecommunications services;
“telecommunications network provider” means a person who provides a public telecommunications network (whether or not he is also a telecommunications service provider);
“telecommunications service provider” means a person who provides publicly available telecommunications services (whether or not he is also a telecommunications network provider);
“telecommunications services” means services the provision of which consists, in whole or in part, of the transmission and routing of signals on telecommunications networks, not being services by way of radio or television broadcasting.
2
Subject to paragraph (1) and except where the context otherwise requires, expressions used in these Regulations which are also used in the Directive have the same meanings in these Regulations as they have in the Directive.
3
In a case in which signals are conveyed to telecommunications equipment used by a subscriber, wholly or partly otherwise than by line, any reference in these Regulations to a line shall be construed as including a reference to what, in that case, functionally corresponds to a line.
Incidental and consequential amendments and modification of contracts
3
1
The amendments set out in Schedule 1 shall have effect.
2
To the extent that any term in a contract between a subscriber to, and the provider of, publicly available telecommunications services would be inconsistent with a requirement of these Regulations, that term shall be void.
Consents and notifications for purposes of Regulations
4
1
Except where the context otherwise requires, a consent or notification for the purposes of these Regulations may be in general or more limited terms and may be subject to conditions and, so long as it remains in force, shall have effect according to its tenor.
2
A notification for the purposes of these Regulations may (without prejudice to any other method of transmission) be sent by post.
PART II
USE OF TELECOMMUNICATIONS SERVICES FOR DIRECT MARKETING PURPOSES
Application and interpretation of Part II
5
1
This Part shall apply in relation to the use of publicly available telecommunications services for direct marketing purposes.
2
Any reference in this Part to direct marketing is a reference to the communication of any advertising or marketing material on a particular line.
3
In this Part, “caller” means a person using publicly available telecommunications services for direct marketing purposes, except that where such services are so used at the instigation of some other person “caller” means that other person.
Use of automated calling systems for direct marketing purposes — communications on lines of individual or corporate subscribers
6
1
This regulation applies in relation to the use of publicly available telecommunications services for the communication of material, for direct marketing purposes, by means of an automated calling system, that is to say, a system which, when activated, operates to make calls without human intervention, whether the called line is that of a subscriber who is an individual or that of a corporate subscriber.
2
A person shall not use, or instigate the use of, publicly available telecommunications services, and a subscriber to such services shall not permit his line to be used, as mentioned in paragraph (1), except where the called line is that of a subscriber who has previously notified the caller that he consents to such communications as are there mentioned being made by, or at the instigation of, the caller in question on that line.
Use of fax for direct marketing purposes — unsolicited communications on lines of individual or corporate subscribers
7
1
This regulation applies in relation to the use of publicly available telecommunications services for the unsolicited communication of material, for direct marketing purposes, by means of facsimile transmission, whether the called line is that of a subscriber who is an individual or that of a corporate subscriber.
2
A person shall not use, or instigate the use of, publicly available telecommunications services, and a subscriber to such services shall not permit his line to be used, as mentioned in paragraph (1) where —
a
the called line is that of a subscriber who has previously notified the caller (notwithstanding, in the case of a subscriber who is an individual, that he enjoys the benefit of regulation 8) that such unsolicited communications as are there mentioned should not be sent on that line, or
b
the number allocated to a subscriber in respect of the called line is one listed in the record kept under paragraph (4).
3
For the purposes of paragraphs (1) and (2), the communication of material as mentioned in paragraph (1) shall not be treated as unsolicited where the called line is that of a subscriber who has notified the caller that he does not object to receiving on that line such communications as are so mentioned from the caller in question.
4
For the purposes of this regulation —
a
the Director shall maintain and keep up-to-date, in printed form or in electronic form, a record of the numbers allocated to subscribers, in respect of particular lines, who have notified him (notwithstanding, in the case of individuals, that they enjoy the benefit of regulation 8) that they do not for the time being wish to receive such communications as are mentioned in paragraph (1) on the lines in question, and he shall remove a number from the record where he has reason to believe that it has ceased to be allocated to the subscriber by whom he was so notified, and
b
on the request of —
i
a person wishing to send, or instigate the sending of, such communications, or
ii
a subscriber wishing to permit the use of his line for the sending of such communications,
for information derived from that record, the Director shall, unless it is not reasonably practicable so to do, on the payment to him of such fee as is applicable and is, subject to paragraph (5), required by him, make the information requested available to that person or that subscriber.
5
For the purposes of paragraph (4)(b) the Director may require different fees —
a
for making available information derived from the record in different forms or manners, or
b
for making available information derived from the whole or from different parts of the record,
but the fees required by him shall be ones in relation to which the Secretary of State has notified the Director that he is satisfied that they are designed to secure, as nearly as may be and taking one year with another, that the aggregate fees received, or reasonably expected to be received, equal the costs incurred, or reasonably expected to be incurred, by the Director, in discharging his duties under paragraph (4).
6
The functions of the Director under paragraph (4), other than the function of determining the fees to be required for the purposes of sub-paragraph (b) thereof, may be discharged on his behalf by some other person in pursuance of arrangements in that behalf made by the Director with that other person.
Use of fax for direct marketing purposes — communications on lines of subscribers who are individuals
8
1
This regulation applies in relation to the use of publicly available telecommunications services for the communication of material, for direct marketing purposes, by means of facsimile transmission where the called line is that of a subscriber who is an individual; and the provisions of this regulation and those of regulation 7 are without prejudice to each other.
2
A person shall not use, or instigate the use of, publicly available telecommunications services, and a subscriber to such services shall not permit his line to be used, as mentioned in paragraph (1), except where the called line is that of a subscriber who has previously notified the caller that he consents to such communications as are there mentioned being sent by the caller in question on that line.
Unsolicited calls for direct marketing purposes on lines of subscribers who are individuals
9
1
This regulation applies in relation to the use of publicly available telecommunications services for the purposes of making unsolicited calls, for direct marketing purposes, otherwise than by means of an automated calling system within the meaning of regulation 6(1) or by means of facsimile transmission, where the called line is that of a subscriber who is an individual.
2
A person shall not use, or instigate the use of, publicly available telecommunications services, and a subscriber to such services shall not permit his line to be used, as mentioned in paragraph (1) where —
a
the called line is that of a subscriber who has previously notified the caller that such unsolicited calls as are there mentioned should not be made on that line, or
b
the number allocated to a subscriber in respect of the called line is one listed in the record kept under paragraph (4).
3
For the purposes of paragraphs (1) and (2), a call on a subscriber’s line shall not be treated as an unsolicited call if that subscriber has notified the caller that he does not object to receiving on that line calls made by, or at the instigation of, the caller in question for direct marketing purposes.
4
For the purposes of this regulation —
a
the Director shall maintain and keep up-to-date, in printed form or in electronic form, a record of the numbers allocated to subscribers who are individuals, in respect of particular lines, who have notified him that they do not for the time being wish to receive unsolicited calls made for direct marketing purposes on the lines in question, and he shall remove a number from the record where he has reason to believe that it has ceased to be allocated to the subscriber by whom he was so notified, and
b
on the request of —
i
a person wishing to make, or instigate the making of, such calls, or
ii
a subscriber wishing to permit the use of his line for the making of such calls,
for information derived from that record, the Director shall, unless it is not reasonably practicable so to do, on the payment to him of such fee as is applicable and is, subject to paragraph (5), required by him, make the information requested available to that person or that subscriber.
5
For the purpose of paragraph (4)(b) the Director may require different fees —
a
for making available information derived from the record in different forms or manners, or
b
for making available information derived from the whole or from different parts of the record,
but the fees required by him shall be ones in relation to which the Secretary of State has notified the Director that he is satisfied that they are designed to secure, as nearly as may be and taking one year with another, that the aggregate fees received, or reasonably expected to be received, equal the costs incurred, or reasonably expected to be incurred, by the Director in discharging his duties under paragraph (4).
6
The functions of the Director under paragraph (4), other than the function of determining the fees to be required for the purposes of sub-paragraph (b) thereof, may be discharged on his behalf by some other person in pursuance of arrangements in that behalf made by the Director with that other person.
Notifications for the purposes of regulation 7(4)(a) or 9(4)(a)
10
1
Where any such person as is mentioned in paragraph (3) has in his possession such a notification as is mentioned in regulation 7(4)(a) or regulation 9(4)(a) (to whomsoever it is addressed) or a copy or record of such a notification —
a
he shall, without undue delay, transmit a copy of that notification or a copy of that record to the Director, and
b
subject to receipt by the Director of a copy of a notification or of a record thereof so transmitted, the notification in question shall be treated for the purposes of regulation 7(4)(a) or, as the case may be, regulation 9(4)(a) as if it had been given to the Director.
2
Where the Director has made arrangements in pursuance of paragraph (6) of regulation 7 or, as the case may be, paragraph (6) of regulation 9 for the discharge of functions under paragraph (4) of the regulation in question by some other person on his behalf, paragraph (1) of this regulation shall have effect, in relation to such a notification as is mentioned in paragraph (4)(a) of the regulation in question, as if for the reference to the Director in sub-paragraph (a) and the first reference to him in sub-paragraph (b) there were substituted references to that other person.
3
The persons referred to in paragraph (1) are —
a
a telecommunications service provider;
b
the producer of a directory of subscribers, and
c
where, in connection with the production of such a directory, information relating to a particular subscriber is supplied to the producer thereof by some other person, that other person.
4
In paragraph (3), “directory of subscribers” means a directory of subscribers to publicly available telecommunications services, whether in printed form or in electronic form, which is made available to the public or a section of the public and, in relation to such a directory, “producer” means the person by whom the directory is published or prepared.
Supplementary provisions
11
1
Where publicly available telecommunications services are used for the communication of material for direct marketing purposes —
a
by means of an automated calling system within the meaning of regulation 6(1) or by means of facsimile transmission, the caller shall ensure that the material communicated includes the particulars mentioned in paragraph (2)(a) and (b) below;
b
otherwise than as mentioned in sub-paragraph (a), the caller shall ensure that the material communicated includes the particulars mentioned in paragraph (2)(a) below and, if the recipient of the call so requests, those mentioned in paragraph (2)(b) below.
2
The particulars referred to in paragraph (1) are —
a
the name of the caller;
b
either the address of the caller or a freephone telephone number on which he can be reached.
3
Where a person by whom numbers are allocated to subscribers is requested by or on behalf of the Director, for the purposes of his functions under regulation 7(4) or 9(4), to furnish information as to when a particular number ceases to be allocated to a particular subscriber, that person shall comply with the request.
4
A caller shall not be held to have contravened regulation 7 or regulation 9 by reason of the making, or instigating the making, of a call and a subscriber shall not be held to have contravened regulation 7 or regulation 9 by permitting his line to be used for the making of a call, notwithstanding that the number of the called line is one listed in the record kept under paragraph (4) of the regulation in question, if that number was not so listed at any time within the 28 days preceding that on which the call is made.
PART III
COMPENSATION AND ENFORCEMENT
Compensation for failure to comply with requirements of Regulations
12
1
A person who suffers damage by reason of any contravention of any of the requirements of these Regulations by any other person shall be entitled to compensation from the other person for that damage.
2
In proceedings brought against a person by virtue of this regulation it shall be a defence to prove that he had taken such care as in all the circumstances was reasonably required to comply with the requirement concerned.
Enforcement — application of sections 10, 13, 14 and 16 of the Data Protection Act 1984
13
1
Subject to the omissions and other modifications set out in Schedule 2, the provisions of sections 10, 13, 14 and 16 of the Data Protection Act 1984 and of Schedules 3 and 4 thereto shall apply for the purposes of the enforcement of these Regulations and connected purposes.
2
In regulations 14 and 15, “enforcement functions” means the functions of the Data Protection Registrar under the said provisions as so applied.
3
The provisions of this regulation and those of regulation 12 are without prejudice to each other.
Request that Registrar should exercise his enforcement functions
14
Where it is alleged that there has been a contravention of any of the requirements of these Regulations either the Director or a person aggrieved by the alleged contravention may request the Registrar to exercise his enforcement functions in respect of that contravention; but those functions shall be exerciseable by him whether or not he has been so requested.
Technical advice to Registrar
15
The Director shall comply with any reasonable request made by the Registrar, in connection with his enforcement functions, for advice on technical and similar matters relating to telecommunications.
Barbara Roche
Parliamentary Under Secretary of State for Small Firms, Trade and Industry,
Department of Trade and Industry
16th December 1998


text:
Citation and commencement
1
These Regulations may be cited as the Mental Health (Hospital, Guardianship and Consent to Treatment) Amendment Regulations 1998 and shall come into force on 17th November 1998.
Amendment of the Mental Health (Hospital, Guardianship and Consent to Treatment) Regulations 1983
2
1
In the Mental Health (Hospital, Guardianship and Consent to Treatment) Regulations 1983 , in Schedule 1, form 13 (record for the purposes of the Mental Health Act 1983, section 5(4)) is amended in accordance with the following paragraphs of this regulation.
2
After the second paragraph lettered (a), insert —
OR
aa
in Part 4 (second level nurse trained in the nursing of persons suffering from mental illness (England and Wales));.
3
After the second paragraph lettered (b), insert —
OR
bb
in Part 6 (second level nurse trained in the nursing of persons suffering from learning disabilities (England and Wales));.
4
In each of —
a
the second paragraph lettered (b); and
b
paragraph (d) ,
for “mental handicap” substitute “learning disabilities”.
Frank Dobson
One of Her Majesty’s Principal Secretaries of State,
Department of Health
26th October 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Motor Vehicles (Approval) (Amendment) Regulations 1998.
2
These Regulations shall come into force on 30th April 1998.
3
In these Regulations “the principal Regulations ” mean the Motor Vehicles (Approval) Regulations 1996 .
Preliminary
2
The principal Regulations shall be further amended in accordance with the following provisions of these Regulations.
Amendments of regulation 2 (Interpretation)
3
In regulation 2(1) after the definition of “the Construction and Use Regulations” there shall be inserted —
“ EEA State” means a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;
.
Amendment of regulation 3 (Application of Part II of the principal Regulations)
4
1
Regulation 3(1) shall be amended as follows.
2
In sub-paragraph (a) the words “or to which those Regulations would apply but for regulation 3(2)(a), (b), (e) or (j) of those Regulations” shall be omitted.
3
In sub-paragraph (b) for the words “paragraph 1, 2 or 3” there shall be substituted “paragraph 1, 2, 3 or 4”.
Amendment of regulation 4 (Approval requirements relating to relevant passenger vehicles)
5
1
Regulation 4 shall be amended as follows.
2
In paragraph (4) for the words “three conditions” there shall be substituted “four conditions”.
3
In paragraph (5) —
a
for the words “three conditions” there shall be substituted “four conditions”; and
b
at the end of sub-paragraph (c) there shall be inserted
;
d
that there is produced to the Secretary of State evidence that satisfies him that the vehicle has been found by the competent authority in another EEA State to comply with requirements applicable to the vehicle equivalent to those set out in column 3 in relation to the subject matter
.
Amendment of regulation 5 (Application of Part III of the principal Regulations)
6
1
Regulation 5(1) shall be amended as follows.
2
In sub-paragraph (a) the words “or to which those Regulations would apply but for regulation 3(2)(q) or (r) of those Regulations” shall be omitted.
3
In sub-paragraph (c) for the words “paragraph 1, 2 or 3” there shall be substituted “paragraph 1, 2, 3 or 4”.
Amendment of regulation 6 (Approval requirements relating to relevant goods vehicles)
7
1
Regulation 6 shall be amended as follows.
2
In paragraph (4) for the words “three conditions” there shall be substituted “four conditions”.
3
In paragraph (5) —
a
for the words “three conditions” there shall be substituted “four conditions”; and
b
at the end of sub-paragraph (c) there shall be inserted
;
d
that there is produced to the Secretary of State evidence that satisfies him that the vehicle has been found by the competent authority in another EEA State to comply with the requirements applicable to the vehicle in that State, being requirements which are equivalent to those set out in column 3 in relation to the subject matter
.
Amendment of regulation 12 (Form of certificate)
8
In regulation 12(2) after sub-paragraph (c) there shall be inserted —
ca
the letter “C” if the certificate is being issued on the basis that the vehicle meets the requirements of paragraph 4 of Schedule 1 to these Regulations;
.
Amendment of regulation 14 (obligatory certificates)
9
1
Regulation 14 shall be amended as follows.
2
In paragraph (2) —
a
the word “or” immediately following sub-paragraph (b) shall be omitted; and
b
at the end of sub-paragraph (c) there shall be inserted
;
d
a vehicle at a time when it was manufactured more than 10 years before that time; or
e
a vehicle that meets the requirements specified in paragraph (2A)
.
3
After paragraph (2) there shall be inserted the following paragraphs —
2A
The requirements referred to in paragraph (2)(e) are that —
a
the person by whom the vehicle is kept (“the keeper”) is a member of a visiting force or of a member of the civilian component of a visiting force;
b
the vehicle has been imported into the United Kingdom for the personal use of the keeper or of his dependants;
c
there is not in force with respect to the vehicle —
i
a Minister’s approval certificate issued in pursuance of these Regulations;
ii
a certificate of conformity;
iii
a Minister’s approval certificate in a form prescribed by regulation 14 of the 1982 Regulations or regulation 9 of the 1984 Regulations; or
iv
an EC certificate of conformity; and
d
not more than one other vehicle which meets the requirements of sub-paragraphs (a), (b) and (c) is kept in the United Kingdom by the keeper.
2B
In paragraph (2A) the expressions “member of a visiting force” and “member of a civilian component of a visiting force” shall bear the same meanings as in Part I of the Visiting Forces Act 1952 .
4
In paragraph (3) for “1st May 1998” there shall be substituted “1st July 1998”.
Amendment of Schedule 1
10
In Schedule 1 to the principal Regulations after paragraph 3 there shall be inserted paragraph 4 set out in Schedule 1 to these Regulations.
Amendment of Schedules 2 and 3
11
1
Schedule 2 shall be amended in accordance with Schedule 2 to these Regulations.
2
Schedule 3 shall be amended in accordance with Schedule 3 to these Regulations.
Signed by authority of the Secretary of State
Helene Hayman
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
7th April 1998


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Industry Act 1975 (Prohibition and Vesting Order) Regulations 1998 and shall come into force on 31st Decembe-r 1998.
2
These Regulations extend to Northern Ireland.
Amendment to the Industry Act 1975
2
Section 13 of the Industry Act 1975 (power to make prohibition and vesting orders) is amended by inserting after subsection (6):
7
In sections (1)(b) and (2)(c) “interests” means interests which relate to public policy, public security or public health.
8
In subsection (3) “the national interest” means the national interest in relation to public policy, public security or public health.
.
Kim Howells
Parliamentary Under Secretary of State for Competition and Consumer Affairs,
Department of Trade and Industry
5th December 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government Pension Scheme (Amendment) Regulations 1998 and shall come into force on 31st March 1998, but —
a
regulations 2 and 5 shall have effect from 28th March 1997;
b
regulation 3 shall have effect from 9th April 1997; and
c
regulation 4 shall have effect from 6th April 1997.
2
In these Regulations “the principal Regulations ” means the Local Government Pension Scheme Regulations 1995 .
3
In these Regulations, unless the context otherwise requires, any expression which is also used in the principal Regulations has the same meaning as in those Regulations.
Early entitlement to retirement benefits: ill-health
2
Regulation D7 (1)(a) of the principal Regulations is amended by inserting the year “1997” after the date “28th March”.
Mis-sold pensions
3
1
The definition of “fund authority” in regulation K1 of the principal Regulations is amended —
a
by deleting the word “and” at the end of paragraph (a);
b
by inserting in paragraph (b) after the reference “K19” the words “, except regulation K15A,”; and
c
by adding as a new paragraph after paragraph (b) the following —
, and
c
in the application of regulation K15A to a person, the body maintaining the pension fund to which the transfer payment referred to in that regulation is paid
.
2
Regulation K8 (1) of the principal Regulations is amended by substituting “regulations K9 and K9A” for “regulation K9”.
3
Part K of the principal Regulations is amended by inserting after regulation K9 the following new regulation —
Modification in connection with persons to whom regulation K15A applies
K9A
Regulation K8 (1) does not apply where the transfer value is in respect of a person to whom regulation K15A applies and in respect of whom a transfer value had previously been accepted by his fund authority applying paragraphs (3) and (4) of that regulation.
.
4
Regulation K13(1) of the principal Regulations is amended by inserting after the words “local government employer” the words “or, in the case of a person to whom regulation K15A applies, the fund authority”.
5
Regulation K14(2) (b) of the principal Regulations is amended by inserting before the words “where the person is a woman” the words “subject to regulation K15A (7)”.
6
Regulation K15A of the principal Regulations is amended by substituting the following —
K15A
1
This regulation applies to a person who, during any period —
a
was eligible to be a member of the Scheme;
b
opted out of, or chose not to become a member of, the Scheme and instead was a member of a personal pension scheme or made contributions to a personal pension arrangement; and
c
has suffered loss as a result of a contravention which is actionable under section 62 of the Financial Services Act 1986 (actions for damages in respect of contravention of rules etc. made under the Act).
2
Where, at any time after 8th April 1997, a person to whom this regulation applies —
a
dies when still a member, or
b
becomes entitled to benefits under Part D of these regulations
before the transfer payment referred to in paragraph (3) has been paid to the appropriate pension fund in respect of him, paragraphs (3) and (4) shall continue to apply in the case of that person.
3
Paragraph (4) shall apply where —
a
a transfer value in relation to a person to whom this regulation applies has been calculated in a manner consistent with the methods adopted and assumptions made by the fund authority in determining a restitution payment; and
b
the fund authority is satisfied that —
i
the transfer value is adequate to restore the position in relation to that person to what it would have been if the person had been a member of the Scheme throughout the relevant period, or
ii
the transfer value represents an amount which will provide such period of service as the fund authority may approve in respect of the relevant period.
4
Where this paragraph applies in relation to a person —
a
the period mentioned in regulation K14(1) (a) shall be equal to the period which the person would have been entitled to count as his period of membership if he had been a member of the Scheme throughout the relevant period or such shorter period as the fund authority may approve;
and
b
the person shall be entitled to count the whole of the relevant period as a period to which Part II of Schedule B6 applies (total period of membership to include former and related membership for some purposes of entitlement etc.).
5
In relation to a person to whom this regulation applies, it shall be the fund authority and not the local government employer who may allow a longer period in which to give a written notice under regulation K13.
6
In the case of a member to whom this regulation applies who has been credited with an additional period of membership calculated as specified in regulation K15 (calculation of period of membership allowed under regulation K14 (1) (a): non club schemes), the fund authority may adjust the amount of the period of membership or period of total membership referred to in paragraph (4) (a) and (b) on account of the transfer value payment by reference to which that additional period of membership was credited.
7
Where a transfer payment has been accepted in relation to a woman to whom this regulation applies and in respect of whom a transfer value had been paid previously by a fund authority to a personal pension scheme or a personal pension arrangement any part of which transfer value was attributable to membership before 6th April 1988, then the period of membership which may be counted under regulation K14 (1) (a) shall be apportioned as membership before 6th April 1988 and after 5th April 1988 in the same proportions as it would have been had the woman become or remained a member of the Scheme throughout the relevant period.
8
In this regulation —
“opted out period” means any period throughout which the person was eligible to be a member of the Scheme but instead was a member of a personal pension scheme or made contributions to a personal pension arrangement,
“personal pension arrangement” means a contract or arrangement referred to in regulation K13 (1) (c) or (d),
“relevant period” means the total of the opted out period and, if applicable, any period of transferred out service,
“restitution payment” has the same meaning as in regulation K29 (5) (a), and
“transferred out service” means service which the person transferred out of the Scheme to a personal pension scheme by exercising a right to a cash equivalent under regulation K2.
7
Schedule K2 to the principal Regulations is amended —
a
by substituting for paragraph 3 (a) the following —
a
the amount that would be necessary to purchase service in the Scheme on the material date equal to the opted out period on the basis of a transfer in from a scheme which is not a club scheme, such amount —
i
to include the value of any rights under the Pensions (Increase) Act 1971 and the Pensions (Increase) Act 1974 , and
ii
to be determined by the fund authority on such basis as shall be approved from time to time by the Government Actuary, and
;
b
in sub-paragraph (b) by deleting the words “on a daily basis”; and
c
by substituting for paragraph 5 the following —
5
In this Schedule —
a
“material date” means the date on which the administering authority receives a request to provide the calculation of the restitution payment;
b
“opted out period” and “transferred out service” have the same meaning as in regulation K15A(8).
.
Internal Dispute Resolution Procedure
4
1
Regulation M5(1) of the principal Regulations is amended by adding at the end after “a member” the words “or a prospective member” and regulation 4(a)(ii) of The Local Government Pension Scheme (Internal Dispute Resolution Procedure) Regulations 1997 is revoked.
2
Paragraphs 2(7) and 4(6) of Schedule M2 to the principal Regulations are amended by substituting for the words “regulation J9” the words “that regulation”.
National Health Service Pension Scheme
5
Schedule M2 to the principal Regulations is amended —
a
in paragraph 10(1)(a) , by substituting for the date “1st October 1994” the date “1st August 1991”;
b
in paragraph 1 (1)(c), by inserting before the words “in respect of whom” the words “subject to sub-paragraph (1A)”;
c
in paragraph 10, by adding the following after sub-paragraph (1) —
1A
subject to sub-paragraph (1C), where a person who satisfies the provisions of sub-paragraph (1)(a) and (b) has had a transfer value accepted by his fund authority before 28th March 1997, he may elect or, in the event of death, his appropriate administering authority may determine, that —
a
the transfer value in respect of him shall be treated as an interim payment, and
b
the provisions of this paragraph shall apply to him.
1B
An election shall be made by notice in writing to the appropriate administering authority given within the period of three months beginning with the day on which the member or former member receives notice from his appropriate administering authority of his entitlement so to elect.
1C
An election may be made by, or a determination made in respect of, a person who has ceased to hold a local government employment if he was entitled under regulations D5, D6, D7 or D9 to the immediate payment of benefits upon such cessation.
;
d
by substituting for paragraph 10(3) the following —
3
A person who has entered into a contract under the National Health Service Regulations to purchase an additional period of membership under those regulations shall be entitled for so long as there is no disqualifying break of service to continue to make additional periodic payments as if they were made pursuant to an election made under regulation C9 and in respect of the same additional period of membership and in the same amount as required under the National Health Service Regulations and regulations C11 and D2(2) shall not apply.
;
e
by substituting for sub-paragraphs (13) and (14) the following —
13
Where a transfer value is accepted in relation to a person to whom this paragraph applies, the period mentioned in regulation K14(1)(a) shall be equal to the period of pensionable service used to calculate benefits under the national Health Service Pension Scheme.
14
Where sub-paragraph (13) applies —
a
regulations K14(2), K18 and K19 shall not apply for the purposes of making any calculations under these regulations;
b
Part II of Schedule D2 (reduction in standard retirement grant on account of contingent spouse’s pension) shall apply —
i
to the extent that a reduction would have been made to the lump sum on retirement under the National Health Service Regulations, and
ii
as if references to 1st April 1972 were references to 25th March 1972;
c
Part F shall apply as if the period of membership which the person is entitled to count under regulation K14(1)(a) had accrued while a member of the Scheme rather than as a member of the National Health Service Pension Scheme; and
d
any election for a widower’s pension in respect of service before 6th April 1988 made by a female member while a member of the National Health Service Scheme shall be treated for the purposes of Part F as if that election had been made under and in accordance with these regulations.
;
f
in sub-paragraph (15), by deleting the words “but for no other purpose”, and
g
by inserting after sub-paragraph (15) the following new sub-paragraph —
15A
The person is entitled to treat his relevant National Health Service Pension Scheme period of membership as if it had been a period of membership (as defined in regulation B14) for the purposes of calculating his pensionable remuneration.
.
Right to opt out
6
1
Where —
a
apart from this regulation, the amendments made by regulation 3 would place any relevant beneficiary in a worse position than he would otherwise be, and
b
that relevant beneficiary so elects by notice in writing given to the appropriate administering authority within the period of six months beginning with the date on which these Regulations come into force,
then the principal Regulations shall have effect in relation to him as if those amendments had never been made.
2
For the purposes of paragraph (1), a relevant beneficiary is a person to whom any benefit is or may become payable being a benefit payable to or in respect of a person who
a
ceased to hold an employment in respect of which he was a member (whether or not he had subsequently recommenced any such employment), or
b
died while in such employment,
before the date on which these Regulations come into force.
Signed by authority of the Secretary of State
Nick Raynsford
Parliamentary Under Secretary of State,
Department of Environment, Transport and the Regions
4th March 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Law Hospital National Health Service Trust (Establishment) Amendment Order 1998 and shall come into force on 1st April 1998.
2
In this Order “the principal Order ” means the Law Hospital National Health Service Trust (Establishment) Order 1993 .
Amendment of article 3 of the principal order
2
For article 3(2)(a) of the principal Order there shall be substituted the following:–
a
to own and manage under section 12A(1)(a) of the Act the hospital establishments or facilities known as Law Hospital, Carluke, Strathclyde Hospital Out-Patient Department, Motherwell and Bellshill Maternity Hospital, Bellshill and establishments associated with those hospitals, including management of the facilities provided at and from those establishments, and also including the management of any teaching and research facilities associated with these establishments and the support services related thereto;
.
Sam Galbraith
Minister for Health Scottish Office
St Andrew’s House,
Edinburgh
26th March 1998