text:
Citation and commencement
1
These Regulations may be cited as the Rail Vehicle Accessibility Regulations 1998 and shall come into force on 1st November 1998.
Interpretation
2
1
In these Regulations —
“class of passenger accommodation” means a type or area of passenger accommodation in a rail vehicle designated for persons paying the fare appropriate to that accommodation;
“contrast” means a contrast in the amount of light which is reflected by the surfaces of the parts of a regulated rail vehicle or its equipment which are required by these Regulations to contrast;
“light maintenance depot” has the same meaning as in the Railways Act 1993 ;
“magnetic levitation” and “monorail” have the same meaning as in the Transport and Works (Guided Transport Modes) Order 1992 ;
“passenger saloon” means that part of the interior of a regulated rail vehicle provided for the accommodation of passengers but does not include a toilet cubicle or a vestibule adjoining an exterior doorway;
“priority seat” means a seat designated in accordance with regulation 8;
“railway” and “tramway” have the same meaning as in the Transport and Works Act 1992
“reference wheelchair” means an occupied wheelchair having the dimensions shown in diagram A in the Schedule;
“street” means —
in England and Wales, a street within the meaning of section 48 of the New Roads and Street Works Act 1991 , together with land on the verge of a street or between two carriageways;
in Scotland, a road within the meaning of section 107 of the New Roads and Street Works Act 1991, together with land on the verge of a road or between two carriageways;
“train” means two or more rail vehicles, other than tramcars, coupled together;
“tramcar” means a rail vehicle (whether articulated in one or more places or not) constructed or adapted to be accessible by persons at a tram stop;
“tram stop” means a stopping place for tramcars in a street or other place to which the public has access (including a place to which the public has access only on making a payment) at which persons may board or leave a tramcar;
“wheelchair-compatible doorway” means a doorway provided in accordance with regulation 19;
“wheelchair-compatible sleeping compartment” means a compartment in a regulated rail vehicle with sleeping accommodation which is provided for a disabled person in a wheelchair in accordance with regulation 17;
“wheelchair space” means a space in a regulated rail vehicle for a disabled person in a wheelchair which is provided in accordance with regulation 16;
“width” means, when applied to a doorway or passageway, the unobstructed width of that doorway or passageway up to a height of 1,400 millimetres above the door sill or floor, and “wide” shall be construed accordingly.
2
Any reference in these Regulations to a numbered regulation is a reference to a regulation bearing that number in these Regulations, any reference to a numbered paragraph is a reference to the paragraph bearing that number in the relevant regulation and a reference to the Schedule is a reference to the Schedule to these Regulations.
Application of Regulations
3
1
These Regulations apply to rail vehicles used on railways, tramways, monorail systems or magnetic levitation systems.
2
A regulated rail vehicle which ceases to comply with these Regulations as a result of equipment failure or damage shall not be required to comply with these Regulations in respect of such failure or damage until either the sixth day following the occurrence of such failure or damage or the day after its first visit to a light maintenance depot following such occurrence, whichever shall be the sooner.
Facilities for disabled persons
Doors
4
1
Each passenger doorway in the side of a regulated rail vehicle shall be indicated clearly by doors (excluding any window in or control device on the doors) rendered to contrast with the exterior of the vehicle to each side of that doorway.
2
Each passenger doorway in the side of a regulated rail vehicle shall be fitted with an audible warning device which shall emit warning sounds in accordance with paragraph (3) inside and outside the vehicle in the proximity of each control device for that doorway or, if there is no such control device, adjacent to that doorway.
3
The audible warning device shall —
a
emit a distinct sound for a period of not less than 3 seconds commencing when the door becomes openable by a passenger;
b
only if the door is operated by a member of the operator’s staff, emit a different distinct sound commencing not less than 3 seconds before the door starts to close.
4
In this regulation “sound” includes the spoken word.
Door controls
5
1
No control device to enable a passenger to open or close a power-operated door shall be fitted to a regulated rail vehicle unless:
a
the centre of the control device is not less than 700 millimetres and not more than 1200 millimetres vertically above an imaginary horizontal line extended from the door sill of the relevant doorway;
b
the control device is operable by the palm of the hand exerting a pressure not exceeding 15 newtons;
c
the control device or its immediate surround is illuminated continuously whenever it is operable;
d
the control device contrasts with the surface on which it is mounted; and
e
the control device is identifiable by touch.
2
When power-operated doors are closed by a member of the operator’s staff the illumination of each such control device shall cease not less than 3 seconds before the doors start to close.
Steps
6
1
Steps for use by passengers at any external doorway of a regulated rail vehicle shall comply with the following requirements —
a
the surface of each tread shall be covered in slip-resistant material;
b
across the front edge of each tread there shall be a band of colour which shall be not less than 45 millimetres and not more than 50 millimetres deep and shall contrast with the remainder of the tread;
c
the rear of each step shall be closed by a vertical riser fixed to the rear of the tread and the front edge of the tread above or of the floor of the vehicle;
d
each step shall be illuminated by a light placed within or immediately adjacent to the step;
e
each step shall be not more than 200 millimetres high measured vertically from the surface of the tread to an imaginary line extended horizontally from the surface of the next tread or floor of the vehicle and not less than 300 millimetres deep measured from the front of the tread to its rear; and
f
the surface of each tread shall be not less than 455 millimetres wide.
2
Paragraph (1)(e) and (f) do not apply if there is not more than one step outside an external doorway.
3
Subject to paragraph (4), inside a regulated rail vehicle there shall be no step between an external passenger doorway and that part of the passenger saloon to one side of that doorway for as far as and including either the vestibule of the next external passenger doorway on the same side of that vehicle or the end of that vehicle if there is no other such doorway.
4
Paragraph (3) shall not apply to stairs leading to any upper passenger saloon of a regulated rail vehicle.
Floors
7
The floors of areas used by passengers in a regulated rail vehicle shall comply with the following requirements:
a
all floors shall be slip-resistant;
b
the floor of a vestibule adjoining a doorway in the side of a vehicle shall contrast with the adjacent floor in the passenger saloon of that vehicle;
c
the floor across the width of the doorway between the jambs shall be marked by a strip which shall contrast with the adjoining floor surface, run parallel to the edge of the door sill, be not less than 50 millimetres broad measured from the edge nearer that door sill to the edge further from it and be not more than 100 millimetres from that door sill measured from the edge of that door sill to the edge of the strip further from that door sill.
Seats
8
1
Not less than 10 per cent of the seats in a regulated rail vehicle or 8 seats (whichever is the lesser number) shall be designated by signs complying with paragraph (6) as priority seats for the use of disabled persons.
2
No priority seat may be capable of being tipped up or folded whilst the regulated rail vehicle is used for carriage.
3
Each priority seat and the space available to its user shall comply with the specifications shown in diagram B1 and in diagram B2, B3 or B4 in the Schedule.
4
Any armrest fitted to a priority seat shall be movable to the extent required to permit unrestricted access by a disabled person to that seat or any other priority seat to which access may be gained past that seat.
5
If tables or trays (whether fixed or folding) are fitted for the use of passengers at not less than 10 per cent of the seats (other than priority seats) in a regulated rail vehicle a similar table or tray shall be fitted for the use of persons in each priority seat.
6
There shall be a sign on or near to a priority seat indicating that disabled persons have priority for the use of that seat.
Tramcar request-stop controls
9
If a tramcar is fitted with controls for the use of passengers to request a stop by that tramcar:
a
there shall be such a control within reach of each person seated in a priority seat;
b
there shall be such a control within reach of each person in a wheelchair in a wheelchair space;
c
there shall be a such a control adjacent to at least every third row of seats;
d
the height of the centre of the control measured vertically above the floor shall be —
i
not less than 1,150 millimetres and not more than 1,250 millimetres if the control is for the use of seated passengers, or
ii
not less than 1,400 millimetres and not more than 1,500 millimetres if the control is for the use of other passengers;
e
the surround of the control shall contrast with the control and with the surface on which that surround is mounted;
f
the control shall be operable by the palm of the hand exerting a pressure not exceeding 15 newtons;
g
when a control has been operated signs bearing the word “Stopping”, in which the first letter only shall be a capital letter, shall be illuminated and remain illuminated until the tramcar has stopped and one or more of its doors have been opened;
h
signs of the type required by paragraph (g) above shall be visible from any part of the passenger saloon of a tramcar.
Interior transparent surfaces
10
1
Subject to paragraph (2) any transparent surface in the interior of a regulated rail vehicle shall:
a
be separated from an area in which a disabled person can walk, or go in a wheelchair, by a seat, table or other fitting; or
b
bear a coloured marking which shall be not less than 140 millimetres and not more than 160 millimetres high and extend horizontally across the whole width of the panel at a height of 1,500 millimetres measured vertically from the floor to the bottom edge of that marking; or
c
be bounded on any side which is not attached to the floor, wall or ceiling of the vehicle by a handrail which shall comply with regulation 11(2).
2
Where such a surface is a door it shall comply with paragraph (1)(b).
Handrails and handholds
11
1
A handrail shall be fitted in the following positions:
a
in every regulated rail vehicle as close as practicable on either side of the interior of an external doorway extending vertically from a point not more than 700 millimetres above the floor to a point not less than 1200 millimetres above the floor; and
b
in a tramcar at intervals of not more than 1050 millimetres in the longitudinal plane of the vehicle.
2
Any handrail in a regulated rail vehicle shall comply with the following requirements:
a
a handrail shall have a circular cross section with a diameter of not less than 30 millimetres and not more than 40 millimetres;
b
if a handrail is curved, the radius of the surface of the handrail inside the curve shall not be less than 50 millimetres;
c
there shall be a clear space of not less than 45 millimetres between any part of the regulated rail vehicle and all parts of the handrail other than its mountings;
d
a handrail shall have a slip-resistant surface;
e
a handrail shall contrast with the parts of the regulated rail vehicle adjacent to that handrail.
3
Subject to paragraph (4) a handhold shall be fitted to the top of the back of each seat which faces towards an end of a regulated rail vehicle and which is next to a gangway in a passenger saloon and shall comply with the following requirements:
a
the surface of a handhold (excluding the mountings to the seat) shall be rounded;
b
a handhold shall contrast with the seat to which the handhold is attached;
c
a handhold shall have a slip-resistant surface;
d
there shall be no gap less than 150 millimetres wide measured in any direction in a handhold or between a handhold and the seat to which it is attached.
4
Paragraph (3) does not apply to a seat the back of which touches a partition, to a seat the back of which touches the back of another seat which faces in the opposite direction and is fitted with a handhold, or to a seat to which a handrail is attached.
Door handles
12
A door handle fitted for the use of passengers shall be operable by the exertion of a force not exceeding 15 newtons.
Passenger information
13
1
A regulated rail vehicle shall be fitted with public address systems for audible and visual announcements inside the passenger saloon and for visual announcements on the exterior of the vehicle.
2
The system for visual announcements on the exterior of the vehicle shall be fitted, if the vehicle is not hauled by a locomotive, —
a
on the front of a single vehicle;
b
where two or more vehicles are coupled together, on the front of the leading vehicle; or
c
where five or more vehicles are coupled together, on each side of each vehicle, unless such a system is fitted to the front of the leading vehicle.
3
The system for visual announcements on the exterior of a vehicle which is hauled by one or more locomotives shall be fitted to each side of each such vehicle, unless such a system is fitted to the front of the leading locomotive and is used to provide the announcements required by paragraph (4) using letters and numbers which comply with paragraph (7).
4
Whilst the vehicle is stationary at a station or a tram stop, the systems inside the passenger saloon and on the exterior of the vehicle shall be used to announce the destination of the vehicle, or, if the vehicle is following a circular route, the name or number of the route, and, in the case of systems inside the passenger saloon only, to announce the next stop.
5
Subject to paragraph (6) the systems inside the passenger saloon shall be used —
a
to announce the next station, or tram stop, at which the vehicle will be stopping, not less than once during the period beginning five minutes before the vehicle is expected by the operator’s staff to stop at that station or tram stop;
b
to announce any delay exceeding ten minutes to the scheduled timing for that journey;
c
to announce any diversions from the route shown in the published timetable for that journey; and
d
to make emergency announcements.
6
Paragraph (5)(a) does not apply if the timetabled journey time between stations or tram stops is less than two minutes.
7
The first letter of, and numbers used in, announcements on visual systems shall be not less than 70 millimetres high on systems on the front of the vehicle and not less than 35 millimetres high on other systems, and all letters and numbers shall contrast with their background.
8
A word on a visual system shall not be written in capital letters only.
9
Visual announcements inside the passenger saloon shall be visible from the majority of passenger seats (including priority seats) in that saloon.
Toilets
14
If a toilet is fitted in a regulated rail vehicle that vehicle shall comply with the following requirements:
a
the centre of any door control device on the exterior or the interior of the toilet cubicle shall be not less than 800 millimetres and not more than 1,200 millimetres vertically above the floor;
b
any door control device, or other equipment inside the toilet cubicle shall be operable by the exertion of a force of not more than 15 newtons;
c
the seat and any lid on the toilet and any handholds in the toilet cubicle shall be coloured to contrast with the adjacent parts of the toilet cubicle;
d
the immediate surround of a control device in a toilet cubicle shall be coloured to contrast with that control device and with the part of the toilet cubicle on which it is mounted;
e
a control device inside a toilet cubicle shall be so constructed as to be identifiable by touch.
Facilities for disabled persons in wheelchairs
Wheelchair spaces
15
1
Subject to paragraphs (2) and (3) below a regulated rail vehicle which does not form part of a train shall contain not less than one wheelchair space.
2
A tramcar with accommodation for 100 or more persons shall contain not less than two wheelchair spaces.
3
Subject to paragraph (4) where a train consists of a number of regulated rail vehicles shown in column A there shall be in that train not less than the number of wheelchair spaces shown in column B opposite that number of vehicles;
A B
2 to 7 vehicles 2 wheelchair spaces 8 to 11 vehicles 3 wheelchair spaces 12 or more vehicles 4 wheelchair spaces
4
Where one or more regulated rail vehicles in a train are provided for a different class of passenger accommodation from another regulated rail vehicle in that train there shall be not less than one wheelchair space in each class of passenger accommodation in that train.
Wheelchair space specifications
16
1
A wheelchair space shall comply with the following specifications:
a
the space shall be not less than 1300 millimetres long measured in the longitudinal plane of the regulated rail vehicle and not less than 750 millimetres wide measured in the transverse plane of that vehicle;
b
subject to regulation 18 there shall be no obstruction of the space between the floor and the ceiling of the regulated rail vehicle, other than an overhead luggage rack or an openable window (if fitted);
c
at one end of the space there shall be a structure or fitting which shall have a minimum width of 700 millimetres and shall be capable of preventing a reference wheelchair, which has been positioned with its back against the structure or fitting, from moving or tipping towards the structure or fitting, whether or not that movement or tip includes a sideways movement or tip.
d
no magazine rack or other fitting for the use of other passengers shall be accessible through the space, other than an overhead luggage rack or an openable window (if fitted);
e
the space shall be fitted with a device which shall —
i
enable a disabled person in a wheelchair to communicate with a person who is in a position to take appropriate action in an emergency;
ii
be placed within reach of a person in a reference wheelchair;
iii
be operable by the palm of a person’s hand; and
iv
not require a force greater than 30 newtons for operation
f
a sign conforming to diagram C in the Schedule shall be marked on the fixed structure.
2
a
If a wheelchair space is not needed by a disabled person in a wheelchair folding or tip-up seats may be used in that space.
b
When folded or tipped up those seats shall not project into the space.
Sleeping accommodation
17
1
Subject to paragraph (2) a regulated rail vehicle with sleeping accommodation for passengers shall have not less than one wheelchair-compatible sleeping compartment.
2
If there is more than one regulated rail vehicle with sleeping accommodation for passengers in a train, there shall be not less than two wheelchair-compatible sleeping compartments in the train.
3
The doorway into a wheelchair-compatible sleeping compartment and the space beside the bed in such a compartment shall not be less than 850 millimetres wide.
Tables
18
1
If tables or trays (whether fixed or folding) are fitted for the use of passengers at not less than ten per cent of the seats (excluding priority seats) in a regulated rail vehicle a similar table or tray shall be available for use in any wheelchair space in that vehicle by a disabled person in a wheelchair.
2
The operator of a regulated rail vehicle shall provide assistance to erect a removable or folding table or tray in a wheelchair space at the request of or on behalf of a disabled person in a wheelchair.
3
There shall be no obstruction in the space beneath the table-top other than a table-leg positioned so that the unobstructed space beneath the table is not less than 700 millimetres wide when measured at a right angle to the direction in which the wheelchair faces when facing the table.
4
The lowest point on the underside of the table-top shall be not less than 720 millimetres vertically above the floor of the regulated rail vehicle.
Wheelchair-compatible doorways
19
1
A regulated rail vehicle in which there is a wheelchair space or wheelchair-compatible sleeping compartment shall be fitted with a wheelchair-compatible doorway on each side of the vehicle in which there is a door for the use of passengers.
2
The width of the opening of a wheelchair-compatible doorway shall be not less than 850 millimetres.
3
A sign conforming to diagram C in the Schedule shall be marked on the exterior of the regulated rail vehicle on not less than one side of the wheelchair-compatible doorway, or on the door, in such a position that it will be visible both before and after the door has opened.
4
There shall be no step, or slope with a gradient exceeding five per cent measured when the vehicle is on a straight and level track, in or between the wheelchair-compatible doorway and the wheelchair space or wheelchair-compatible sleeping compartment.
5
The passageway between the wheelchair-compatible doorway and the wheelchair space or wheelchair-compatible sleeping compartment shall not be less than 850 millimetres wide at any point, and shall provide a turning space adjacent to the wheelchair space or sleeping compartment for the disabled person in the reference wheelchair to turn the wheelchair around through one hundred and eighty degrees, which turning space may incorporate the wheelchair space.
Toilets for disabled persons in wheelchairs
20
1
If a regulated rail vehicle or train is equipped with toilets the nearest toilet cubicle to a wheelchair space or wheelchair-compatible sleeping compartment shall comply with the requirements in regulation 14 and with the following requirements:
a
the exterior of the toilet cubicle door shall be marked with a sign conforming to diagram C in the Schedule;
b
the width of the doorway shall be not less than 850 millimetres;
c
the surface of the toilet seat when lowered shall be not less than 475 millimetres and not more than 485 millimetres vertically above the floor of the toilet cubicle;
d
the toilet cubicle shall be equipped with facilities to enable a disabled person in a wheelchair to wash and dry his hands without moving from the seat of the toilet;
e
there shall be sufficient space inside the toilet cubicle for a reference wheelchair to be positioned in front of the toilet and to be positioned at one side of the toilet so that it is possible for a disabled person to move from a reference wheelchair on to the toilet seat from the front or the side of the toilet;
f
there shall be hinged handrail beside the toilet which shall —
i
be on the same side of the toilet as the space for the reference wheelchair;
ii
comply with the requirements in paragraph (2) of regulation 11; and
iii
comply with the specifications in diagrams D1 and D2 in the Schedule.
g
beside the toilet and on the opposite side to the space for the reference wheelchair there shall be a horizontal handrail which shall comply with the requirements in paragraph (2) of regulation 11;
h
the toilet cubicle shall be fitted with not less than two devices to enable a disabled person to communicate in an emergency with a person who is in a position to take appropriate action, one to be placed not more than 450 millimetres above the floor measured vertically from the surface of the floor to the top of the control device and the other to be not less than 800 millimetres and not more than 1200 millimetres above the floor measured vertically to the top of the control;
i
each such control shall be operable by the palm of a person’s hand exerting a force not greater than 30 newtons.
2
The passageway between the wheelchair space or wheelchair-compatible sleeping compartment and that toilet cubicle shall be not less than 850 millimetres wide at any point and provide a space adjacent to that toilet cubicle for the disabled person in the reference wheelchair to turn the wheelchair around through one hundred and eighty degrees.
Telephones
21
1
If a regulated rail vehicle or train is fitted with telephones for the use of passengers then —
a
the vehicle or train shall comply with the requirements of paragraph (2), or
b
the operator shall assist a disabled person in a wheelchair by providing on request a mobile telephone for use in that person’s wheelchair space.
2
The requirements are:
a
at the telephone nearest to a wheelchair space the top of the telephone equipment shall not be more than 1,400 millimetres vertically above the floor; and
b
the passageway between the wheelchair space and that telephone shall be not less than 850 millimetres wide at any point and provide a space adjacent to that telephone for the disabled person in the reference wheelchair to turn the wheelchair around through one hundred and eighty degrees.
Internal doorways
22
1
A doorway (other than an external doorway in the side or the end of a regulated rail vehicle) through which a disabled person in wheelchair must pass to reach a wheelchair space, a wheelchair-compatible sleeping compartment, or the nearest toilet or telephone to that space or compartment shall be not less than 850 millimetres wide.
2
A doorway in the end of a vehicle through which a disabled person in a wheelchair must pass to reach a wheelchair space, a wheelchair-compatible sleeping compartment, or the nearest toilet or telephone to that compartment or space shall be not less than 750 millimetres wide.
Boarding devices
23
1
When a wheelchair-compatible doorway in a regulated rail vehicle is open at a platform at a station or a tram stop a boarding device must be fitted between that doorway and the platform or stop if a disabled person in a wheelchair wishes to use that doorway, unless the gap between the edge of the door sill of that doorway and the edge of the platform or stop is not more than 75 millimetres measured horizontally and not more than 50 millimetres measured vertically.
2
The surface of a boarding device shall be slip-resistant.
3
No boarding device other than a lift or a ramp shall be used.
4
If a regulated rail vehicle is fitted with a lift it shall comply with the following requirements:
a
the lift-platform shall be not less than 750 millimetres wide measured parallel to the side of the vehicle and not less than 1200 millimetres long measured at a right angle to the side of the vehicle;
b
the lift-platform shall be capable of supporting a weight of not less than 300 kilograms (excluding its own weight);
c
the surface of the lift-platform shall be marked by a strip of colour, which shall abut the edges of that surface, be not less than 50 millimetres wide and contrast with the remainder of the surface, and the platform shall be coloured on each side with that colour;
d
the lift-platform shall not travel up or down at a speed in excess of 150 millimetres per second;
e
the lift-platform shall rest on the surface of the platform of the station or tram stop when it has been fully lowered;
f
unless the lift-platform is in its fully lowered position the wheelchair shall be prevented from rolling off the platform by a device with a height of not less than 100 millimetres above the surface of the lift-platform;
g
the lift-platform shall be fitted with sensors capable of stopping the movement of the lift-platform if it comes into contact with any thing or person whilst it is in motion;
h
the lift shall be operable only by persons (other than passengers) who are authorised to operate it by the operator of the vehicle and who shall provide assistance by operating it for disabled persons in wheelchairs.
5
If the regulated rail vehicle is fitted with a power-operated ramp —
a
if the ramp is to be operated by a disabled person in a wheelchair the control button for that ramp shall be adjacent to the wheelchair-compatible doorway and within reach of a person in a reference wheelchair;
b
the ramp shall be fitted with a sensor along the edge furthest from the vehicle capable of stopping the movement of that ramp if it comes into contact with any thing or person whilst the ramp is in movement;
c
the ramp shall be incapable of movement in any plane if the surface of the ramp is subjected to a load of 15 kilograms or more;
d
the operator of the vehicle shall provide assistance to the disabled person in a wheelchair using the ramp unless the gradient of the ramp above the horizontal plane is eight per cent or less;
e
the ramp shall not be operable by a passenger unless the vehicle has stopped at a station, a stop in a street or another place to which the public have access.
6
If the regulated rail vehicle is not fitted with a lift or a power-operated ramp, the operator of the vehicle shall provide assistance in deploying and using a separate ramp.
7
A ramp (whether power-operated or not) shall when in use —
a
be fixed securely to the regulated rail vehicle;
b
be not less than 800 millimetres wide and not wider than the opening of the wheelchair-compatible doorway;
c
have along each side which is not to be crossed by the wheelchair a protective rim standing at least 50 millimetres higher than the surface of the ramp;
d
be capable of supporting a weight of not less than 300 kilograms (excluding its own weight);
e
rest its outer edge securely on the surface of the platform of the station or tram stop; and
f
be marked on its upper surface by a strip of colour, which shall abut the edge of that surface shall be not less than 50 millimetres wide and shall contrast with the remainder of that surface, and be coloured on each side with that colour.
8
A boarding device which is power-operated shall also be operable manually, and the operator shall provide assistance for such manual operation if the power-operation fails.
9
A boarding device which is power-operated shall not be capable of being deployed unless the vehicle to which it is fitted is stationary.
10
A boarding device which is carried by a rail vehicle and which is not in use shall be fixed securely to that vehicle so that it is does not endanger the safety of persons in that vehicle.
Catering
24
If catering facilities are provided in a regulated rail vehicle or on a train but there is no passageway for a reference wheelchair from a wheelchair space or wheelchair-compatible sleeping compartment to those facilities the operator of that vehicle or train shall assist a disabled person in a wheelchair by providing a reasonably equivalent catering service to that person in that space or compartment.
Signed by authority of the Secretary of Statefor the Environment, Transport and the Regions
Glenda Jackson
Parliamentary Under Secretary of State
Department of the Environment, Transport and the Regions
5th October 1998


type: legislation

jurisdiction: UK

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


text:
1
This Order may be cited as the Crime and Disorder Strategies (Prescribed Descriptions) (Amendment) Order 1998 and shall come into force on 1st November 1998.
2
1
The Crime and Disorder Strategies (Prescribed Descriptions) Order 1998 is amended as follows.
2
Article 2(2)(g) shall be omitted.
3
In article 3(2), at the end there shall be added:
u
a governing body of an institution within the higher education sector, as defined in section 91 of the Further and Higher Education Act 1992 , in that area.
.
Alun Michael
Minister of State
Home Office
10th October 1998


text:
Citation and interpretation
1
1
This Order may be cited as the National Health Service (Primary Care) Act 1997 (Commencement No. 6) Order 1998.
2
In this Order, “ the Act ” means the National Health Service (Primary Care) Act 1997.
Appointed days
2
1
Subject to paragraph (2), 18th November 1998 is the day appointed for the coming into force of paragraph 62 of Schedule 2 to the Act (minor and consequential amendments), and of section 41(10) of the Act (short title, commencement, extent etc. ) so far as it relates to that provision.
2
Where section 53(3)(a) of the Dentists Act 1984 , as amended by the provision of Schedule 2 to the Act brought into force pursuant to article 2(1), refers to services under section 28C of the National Health Service Act 1977 or services under section 17C of the National Health Service (Scotland) Act 1978 , such a reference is to be taken as referring only to a pilot scheme under Part I of the Act under which personal dental services are to be provided, and the purpose of bringing that provision of the Act into force is limited accordingly.
3
10th December 1998 is the day appointed for the coming into force of the provisions of the Act specified in column (1) of the Schedule to this Order either fully or, if an extent is specified, to that extent (the subject matter of each provision being mentioned in column (2)).
Saving
3
Notwithstanding the bringing into force by article 2 of this Order of the repeal of sections 30 , and 33(1), (2) to (6) and (8) and of certain words in section 34(1)(a) and the remainder of that section of the National Health Service Act 1977 , and of certain provisions of the Health Services Act 1980 , the Health and Social Security Act 1984 , the Health and Medicines Act 1988 , the National Health Service and Community Care Act 1990 and the Health Authorities Act 1995 amending those provisions, in relation to–
a
applications made before 10th December 1998 for inclusion in a medical list or to succeed to a practice vacancy;
b
any appeal to the Secretary of State arising out of such an application; and
c
any reconsideration of such an application in the event of such an appeal being allowed,
sections 30, 33, and 34 of the National Health Service Act 1977 shall continue to have effect as if this Order had not been made.
Frank Dobson
One of Her Majesty’s Principal Secretaries of State,
Department of Health
17th November 1998


text:
Title and commencement
1
These Regulations may be cited as the Environmentally Sensitive Areas (England) Designation Orders (Revocation of Specified Provisions) Regulations 1998 and shall come into force on 21st June 1998.
Interpretation
2
In these Regulations —
a
“the principal Orders ” means the Orders specified in the Schedule to these Regulations; and
b
“the principal Regulations ” means the Environmentally Sensitive Areas (England) Designation Orders (Amendment) Regulations 1996 .
Revocation and saving
3
The amendments made to the principal Orders by regulation 2(3) of the principal Regulations, and the amendments made by regulation 3 thereof to such of the principal Orders as are specified in Part II of the Schedule to the principal Regulations, shall be revoked.
4
The provisions inserted in the principal Orders by regulation 2(2) and (5)(a) of the principal Regulations shall cease to have effect save in so far as they apply to any agreements to which they applied before the coming into force of these Regulations.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
18th May 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income Support (General) (Standard Interest Rate Amendment) Regulations 1998 and shall come into force on 24th May 1998.
2
These Regulations shall have effect in relation to any particular claimant —
a
in a case where income support is paid to the claimant in arrears in accordance with paragraph 7(1)(i) of Schedule 7 to the Claims and Payments Regulations (date when change of circumstances is to take effect) —
i
from the first day of the benefit week which includes 31st May 1998; or
ii
if the claim for income support is for a period beginning after 31st May 1998, from the first day of the first benefit week commencing after 24th May 1998;
b
in a case where income support is paid to the claimant in advance in accordance with paragraph 7(1)(ii) of Schedule 7 to the Claims and Payments Regulations, from the first day of the first benefit week commencing after 31st May 1998,
and for this purpose, the expressions “claimant” and “benefit week” have the same meanings as in regulation 2(1) of the Income Support Regulations (interpretation).
3
In these Regulations, “the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 1987 and “the Income Support Regulations” means the Income Support (General) Regulations 1987 .
Amendment of Schedule 3 to the Income Support Regulations
2
In paragraph 12(1)(a) of Schedule 3 to the Income Support Regulations (standard rate of interest on qualifying loans), for the words “7.97 per cent.” there shall be substituted the words “8.34 per cent.”.
Revocation of the Income Support (General) (Standard Interest Rate Amendment) ( No. 3) Regulations 1997
3
The Income Support (General) (Standard Interest Rate Amendment) (No. 3) Regulations 1997 are hereby revoked save that those Regulations shall continue to have effect until the day before the first day of the benefit week having effect in relation to any particular claimant for the purpose of regulation 1(2) of these Regulations.
Signed by authority of the Secretary of State for Social Security.
Keith Bradley
Parliamentary Under-Secretary of State,
Department of Social Security
27th April 1998


text:
1
These Regulations may be cited as the Crime and Disorder Act 1998 (Service of Prosecution Evidence) Regulations 1998 and shall come into force on 4th January 1999.
2
1
Where a person is sent for trial under section 51 of the Crime and Disorder Act 1998 on any charge or charges, copies of the documents containing the evidence on which the charge or charges are based shall, on or before the relevant date, be:
a
served on that person; and
b
given to the Crown Court sitting at the place specified in the notice under subsection (7) of that section.
2
In sub-paragraph (1) above “the relevant date” means the day one year after that person was sent for trial.
John Morrison
Her Majesty’s Attorney General
11th December 1998


text:
Citation and commencement
1
This Order may be cited as the Homelessness (Decisions on Referrals) Order 1998 and shall come into force on the twenty eighth day after the day on which it is approved by resolution of each House of Parliament.
Arrangements for deciding whether conditions for referral are satisfied
2
The arrangements set out in the Schedule to this Order are those agreed by the Local Government Association, the Welsh Local Government Association, the Association of London Government and the Convention of Scottish Local Authorities , and shall be the arrangements for the purposes of section 198(5) and (6)(a) of the Housing Act 1996.
Revocation of order
3
1
Subject to paragraph (2), the Housing (Homeless Persons) (Appropriate Arrangements) Order 1978 (“the 1978 Order”) is hereby revoked.
2
The 1978 Order shall remain in force for any case where a notified authority has received a notification under section 67(1) of the Housing Act 1985 or section 198(1) of the Housing Act 1996 (referral to another local housing authority) prior to the date on which this Order comes into force.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
25th June 1998
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
25th June 1998


text:
1
This Order may be cited as the Income Tax (Indexation) (No. 2) Order 1998.
2
The amount which, unless Parliament otherwise determines, will be treated by virtue of section 257C(1) of the Income and Corporation Taxes Act 1988 as specified for the year 1999–00 in section 257(1) of that Act (personal allowance) is £4,335.
Bob Ainsworth
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd November 1998


text:
PART I
INTRODUCTORY
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Fund-holding Practices) Amendment Regulations 1998 and shall come into force on 31st March 1998 except for Part II, which shall come into force on 1st April 1998.
2
In these Regulations, “the principal Regulations ” means the National Health Service (Fund-holding Practices) Regulations 1996 .
PART II
AMENDMENTS CONSEQUENTIAL UPON THE NATIONAL HEALTH SERVICE (PRIMARY CARE) ACT 1997
Amendment of regulation 1 of the principal Regulations
2
1
Regulation 1 of the principal Regulations (citation, commencement and interpretation) is amended as follows.
2
In paragraph (2) in the appropriate position in alphabetical order, insert —
“the 1997 Act ” means the National Health Service (Primary Care) Act 1997 ;
;
“personal medical services” has the meaning given to it in section 1(8) of the 1997 Act;
;
“pilot scheme” has the meaning given to it in section 1 of the 1997 Act;
; and
“pilot scheme provider” means a person, other than a Health Authority, who is a party to a pilot scheme.
.
3
In paragraph (9), after “included” insert “or (in the case of a medical practitioner who is not included in a medical list but who performs personal medical services under a pilot scheme) to the address of the pilot scheme provider given in the pilot scheme”.
Amendment of regulation 3 of the principal Regulations
3
In regulation 3 of the principal Regulations (application for recognition as a fund-holding practice), in paragraph (10) —
a
after the words “Health Board,” insert “or performs personal medical services under a pilot scheme to which a Health Board is a party,”; and
b
after the the words “National Health Service (Scotland) Act 1978”; insert “or, as the case may be, performing personal medical services under a pilot scheme to which a Health Board is a party”.
Amendment of regulation 9 of the principal Regulations
4
In regulation 9 of the principal Regulations (withdrawal or death of a member of a fund-holding practice), in paragraph (5)(a), after the words “Health Authority” insert “or to perform personal medical services under a pilot scheme to which the Health Authority is a party,”.
Amendment of regulation 19 of the principal Regulations
5
1
Regulation 19 of the principal Regulations (payment for drugs, medicines and listed appliances) is amended as follows.
2
Before paragraph (1) insert —
A1
This regulation does not apply to the members of a standard fund-holding practice or community fund-holding practice who perform personal medical services under a pilot scheme, and —
a
the pilot scheme makes provision for the cost (however calculated) of the drugs, medicines and listed appliances supplied pursuant to orders given by or on behalf of members of the practice to be deducted from the net consideration payable under the pilot scheme to the provider, or accounted for in some other way; or
b
under which there are to be provided services which are not personal medical services but which are services which may be provided by virtue of section 1(3) of the 1997 Act (other than the provision of drugs, medicines or listed appliances for immediate treatment or by way of personal administration or application).
.
Amendment of regulation 22 of the principal Regulations
6
In regulation 22 of the principal Regulations (payments to staff), for paragraph (A1) substitute —
A1
This regulation does not apply to —
a
the members of a GP commissioning group; or
b
the members of a standard fund-holding practice or community fund-holding practice who perform personal medical services under a pilot scheme which makes provision for the cost (however calculated) of payments to staff to be included in the consideration payable under the pilot scheme to the provider.
.
Amendment of Schedule 1 to the principal Regulations
7
In Schedule 1 to the principal Regulations (conditions for obtaining recognition), after paragraph 5 add —
6
In the case of members of a practice who provide or perform personal medical services under a pilot scheme —
a
none of them is employed by another person in accordance with the requirements of section 14(1) of the 1990 Act; and
b
in connection with the pilot scheme each member of the practice has a list of patients and the members together do not have a single list of patients; and
c
the pilot scheme does not provide for persons to receive under the pilot scheme any of the goods or services specified, in the case of standard fund-holding practices in Part I, and in the case of community fund-holding practices in Part II, of the list approved from time to time by the Secretary of State for the purposes of regulation 20.
.
Amendment of Schedule 2 to the principal Regulations
8
In Schedule 2 of the principal Regulations (conditions for continuing recognition), after paragraph 14 add —
15
In the case of members of a practice who provide or perform personal medical services under a pilot scheme —
a
none of them is employed by another person in accordance with the requirements of section 14(1) of the 1990 Act; and
b
in connection with the pilot scheme each member of the practice has a list of patients and the members together do not have a single list of patients; and
c
the pilot scheme does not provide for persons to receive under the pilot scheme any of the goods or services specified, in the case of standard fund-holding practices in Part I, and in the case of community fund-holding practices in Part II, of the list approved from time to time by the Secretary of State for the purposes of regulation 20.
.
PART III
OTHER AMENDMENTS
Entry to fund-holding
9
1
Regulation 5 of the principal Regulations (grant of recognition as a fund-holding practice) is amended as follows.
2
In paragraph (2)(a)(i), for “1st April 1999” (in both places) substitute “1st April 2001”.
3
In paragraph (2)(a)(ii)
a
for “1st April 1999” substitute “1st April 2001”;
b
for “1st April 2001” substitute “1st April 2005”; and
c
for “1st April 2003” substitute “1st April 2009”.
Redundancy payments
10
1
In regulation 23 of the principal Regulations (payment for management expenses) —
a
in paragraph (2), after “management expenses” insert “other than on the expenses referred to in sub-paragraph (7)(j)”;
b
in paragraph (7), at the end of sub-paragraph (h) omit “and”, and at the end of sub-paragraph (i) insert —
; and
j
the costs of redundancy payments to staff employed in connection with the management of the allotted sum (but only to the extent that such payments could be made by virtue of paragraph 52(3)(vi) of the Statement referred to in regulation 22(2)).
.
2
In regulation 25 of the principal Regulations (savings from the allotted sum), in paragraph (2), for “22 and 24” substitute “22, 23(7)(j) and 24”.
3
After regulation 25 insert —
Redundancy payments
25A
1
Where the members of a fund-holding practice apply any part of the allotted sum for the purposes of paying redundancy payments under regulation 22 or 23(7)(j), they shall secure that for the purpose of making any such payment the allotted sum is applied in the following order —
a
first, the payment is to be met (to the extent that it is permissible to do so under regulation 23) from the available management allowance for the financial year in which the payment is made (“the current year”);
b
the payment is then to be met from available savings; and
c
only then is the payment to be met from any other part of the current year’s allotted sum.
2
In paragraph (1), “available” means free from any binding obligation to apply for other purposes (but savings are not “available” if the Health Authority has consented in accordance with regulation 25(2) to their application for a purpose for which consent is required, even if no binding obligation to apply them for that purpose has yet been entered into).
.
Savings
11
1
Regulation 25 of the principal Regulations (savings from the allottedsum) is amended as provided in paragraphs (2) to (4) of this regulation.
2
In paragraphs (2) and (2A), for “Subject to paragraph (3),” substitute “Subject to paragraphs (3), (3B) and (3C),”.
3
In paragraph (3) —
a
at the beginning insert “Subject to paragraphs (3B) and (3C),”;
b
for sub-paragraph (a) substitute —
a
that the proposed expenditure would —
i
provide a benefit for the patients of members of the practice, and
ii
provide that benefit in the most reasonably economic way having regard to alternative methods of providing the same benefit, and
iii
represent value for money; and
; and
c
after sub-paragraph (b) insert —
; and
c
that where the proposed expenditure is under sub-paragraph (a) or (c) of paragraph (2) and the purchase of the material or equipment, or the expenditure on premises (as the case may be), is intended to provide a benefit to the patients of the members of the practice, it could not reasonably be procured for them in an equally or a more economic way under regulation 20.
.
4
After paragraph (3A) insert —
3B
The Health Authority shall not, in any one financial year, consent under paragraph (2) to the application for any of the purposes specified in paragraph (2)(a) to (f) or (2A) of a total of more than £90,000 of savings (irrespective of whether more than one consent has been sought, and whenever any such consent was sought).
3C
The members of a fund-holding practice shall not apply savings of any amount greater than £90,000 in any one financial year for the purposes specified in paragraph (2)(a) to (f) or paragraph (2A).
.
5
The amendments made by paragraph (3)(a) and (4) of this regulation do not affect any consent given before this regulation came into force, or the application of savings for any of the purposes specified in paragraph (2)(a) to (f) or (2A) of the principal Regulations pursuant to a consent given before this regulation came into force; and in such cases —
a
regulation 25 of the principal Regulations shall continue to apply in relation to that consent, or to the application of those savings, as if the amendments referred to above had not been made; and
b
the application of those savings shall not be taken into account under regulation 25(3C) of the principal Regulations.
Accelerated change of status
12
1
In regulation 1 of the principal Regulations (citation, commencement and interpretation), in paragraph (9), at the beginning insert “Subject to regulation 10A(2) and (6),”.
2
After regulation 10 of the principal Regulations insert the following regulation —
Accelerated change of status to GP commissioning group
10A
1
This regulation makes additional provision for a standard fund-holding practice or a community fund-holding practice to become a GP commissioning group.
2
A standard fund-holding practice or a community fund-holding practice may apply, by sending an application to the Health Authority not later than 30th June 1998, to become a GP commissioning group, and for the purposes of this paragraph an application may be sent by fax.
3
Subject to the provisions of this regulation such an application (if granted) shall take effect on the date when it was granted or (if later) on the date when the conditions referred to in paragraph (4) are met.
4
Those conditions are —
a
that the applicant fund-holding practice surrender to the Health Authority any part of the allotted sum for the financial year 1998-99 which remains in the fund-holding account which is not required for meeting liabilities of the practice arising out of obligations assumed before the application under this regulation was granted; and
b
that the applicant fund-holding practice notify the Health Authority that they are prepared to accept the amount specified in the notice referred to in regulation 18(3) (as applied with modifications by paragraph (7) of this regulation) as their proposed allotted sum for the financial year 1998-99.
5
As respects the liabilities referred to in paragraph (4)(a), the members of the fund-holding practice shall continue to apply that part of the allotted sum not surrendered to the Health Authority as if they had not become a GP commissioning group.
6
Regulation 3 (except for paragraph (4)), regulation 5(1), and regulation 6 shall apply to such an application as they apply to an application for recognition as a fund-holding practice, but as if the references in those regulations —
a
to an application were references to an application under this regulation; and
b
to the grant or refusal of recognition were references to the grant or refusal of an application under this regulation,
and for the purposes of this regulation any notice referred to in those regulations may be sent by fax or by electronic mail.
7
The allotted sum for the financial year 1998-99 of a GP commissioning group resulting from a successful application under this regulation shall be determined anew in accordance with regulation 18, but as if —
a
the references in that regulation to a fund-holding practice or a recognised fund-holding practice were to a practice whose application under this regulation had been granted; and
b
the words “, by 28th February in any year,” were omitted from paragraph (2).
.
3
In regulation 18 (determination of allotted sum), in paragraph (1), at the beginning insert “Subject to regulation 10A,”.
Amendment of regulation 12 of the principal Regulations
13
In regulation 12 of the principal Regulations (consequences of renunciation of recognition), at the end of paragraph (3) insert —
(and for this purpose regulation 25(2) shall apply as if the reference there to regulation 23(7)(j) were to regulation 23, and regulation 23(2) shall not apply).
.
Amendment of regulation 7 of National Health Services (Fund-holding Practices) Amendment ( No. 2) Regulations 1997
14
1
Regulation 7 of the National Health Service (Fund-holding Practices) Amendment (No. 2) Regulations 1997 (outstanding applications) is amended as follows.
2
In paragraph (1) —
a
for “31st July 1997” substitute “31st March 1998”;
b
for “1st April 1988” substitute “1st April 2000”;
c
for “1st April 1999” substitute “1st April 2001”; and
d
for “to the countrary” substitute “to the contrary”.
3
In each of paragraphs (2) and (4), for “31st July 1998” substitute “31st July 2000”.
4
In paragraph (4), after the words “Health Board”, insert “or, as the case may be, performing personal medical services under a pilot scheme to which a Health Board is a party,”.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State (Department of Health)
12th March 1998
Win Griffiths
Parliamentary Under Secretary of State (Welsh Office)
12th March 1998


text:
1
1
This Order may be cited as the A19 Trunk Road (Wolviston Interchange, Southbound Exit Slip Road) (Trunking) Order 1998 and shall come into force on 13th November 1998.
2
In this Order all measurements of distance are measured along the route of the relevant highway.
2
The length of highway 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 plan numbered HA10/PS/205, marked The “A19 Trunk Road (Wolviston Interchange, Southbound Exit Slip Road) (Trunking) Order 1998”, signed by authority of the Secretary of State for Environment, Transport and the Regions and deposited at the Highways Agency, Room 12/27, St Christopher House, Southwark Street, London SE1 0ET.
Signed by authority of the Secretary of State for the Environment, Transport And the Regions
Derek Oddy
Divisional Director, Highways Agency
20th October 1998


text:
1
1
This Order may be cited as the Education Act 1997 (Commencement No. 3 and Transitional Provisions) Order 1998.
2
In this Order —
“the 1996 Act ” means the Education Act 1996 ;
“the 1997 Act ” means the Education Act 1997;
“ NCVQ ” means the National Council for Vocational Qualifications; and
“ SCAA ” means the School Curriculum and Assessment Authority;
2
1
The provisions of the 1997 Act specified in Part I of Schedule 1 to this Order shall come into force on 1st March 1998.
2
The provisions of the 1997 Act specified in Part II of Schedule 1 to this Order shall come into force on 1st April 1998 (save that the commencement of sections 2 and 3 on that date shall have effect subject to Part I of Schedule 2 to this Order).
3
The provisions of the 1997 Act specified in Part III of Schedule 1 to this Order shall come into force on 1st August 1998.
4
The provisions of the 1997 Act specified in Part IV of Schedule 1 to this Order shall come into force on 1st September 1998.
5
The provision of the 1997 Act specified in Part V of Schedule 1 to this Order shall come into force on 1st November 1998.
6
The provisions of the 1997 Act specified in Part VI of Schedule 1 to this Order shall come into force on 1st April 1999.
7
The provisions of the 1997 Act specified in Part VII of Schedule 1 to this Order shall come into force on 1st September 1999.
3
Unless otherwise specified in this Order, the provisions referred to in Article 2 above shall come into force for all purposes.
4
1
Part I of Schedule 2 to this Order shall have effect for the purpose of making transitional provisions in connection with sections 2 and 3 of the 1997 Act (which come into force on 1st April 1998 by virtue of Article 2(2)).
2
Part II of Schedule 2 to this Order shall have effect for the purpose of making transitional provisions in connection with sections 5 to 8 of, and Schedule 1 to, the 1997 Act (which come into force on 1st September 1998 by virtue of Article 2(4)).


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) Amendment (No. 3) Regulations 1998 and shall come into force–
a
for the purposes of regulations 2(1), 4, 5, 6, 9 and 10, on 1st October 1998;
b
for all other purposes, on 6th April 1999.
2
In these Regulations “the principal Regulations ” means the Social Security (Contributions) Regulations 1979 .
Amendment of regulation 1 of the principal Regulations
2
1
In paragraph (2) of regulation 1 of the principal Regulations (citation, commencement and interpretation)–
a
at the appropriate places in the alphabetical order, insert–
“conditional interest in shares” means an interest which is conditional for the purposes of sections 140A and 140B of the Income and Corporation Taxes Act 1988 ;
“convertible shares” means shares which are convertible within the meaning of section 140D of the Income and Corporation Taxes Act 1988;
“readily convertible asset” has the meaning assigned to it in section 203F(2) of the Income and Corporation Taxes Act 1988 ;
;
b
omit the definition of “trading arrangements” .
2
After paragraph (2) of that regulation, add–
3
For the purposes of regulation 32 , regulation 35 and regulation 46 of these Regulations, references to “contributions”, “Class 1 contributions” and “earnings-related contributions” shall, unless the context otherwise requires, include any amount paid on account of earnings-related contributions in accordance with the provisions of regulation 6A(6) of these Regulations.
.
Amendment of regulation 6A of the principal Regulations
3
In regulation 6A of the principal Regulations (earnings period for directors) after paragraph (5), add–
6
Without prejudice to the foregoing provisions of this regulation, a director and any company employing him may pay on account of any earnings-related contributions that may become payable by them such amounts as would be payable by way of such contributions if the foregoing provisions of this regulation did not apply.
.
Insertion of regulation 17AB into the principal Regulations
4
After regulation 17A of the principal Regulations (payments to directors to be treated as earnings) , insert–
Further provision as to payments to be treated as earnings
17AB
For the purposes of section 3 of the Social Security Contributions and Benefits Act 1992 (“earnings”) there shall be treated as remuneration derived from an employed earner’s employment any amount on which an employed earner is, by virtue of any provision of sections 140A to 140H of the Income and Corporation Taxes Act 1988 (conditional acquisition of shares and convertible shares), chargeable to tax under Schedule E in respect of the acquisition, on or after 9th April 1998, of shares or an interest in shares.
.
Amendment of regulation 18 of the principal Regulations
5
1
Regulation 18 of the principal Regulations (calculation of earnings) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (6) , omit “or” at the end of sub-paragraph (a), and sub-paragraph (b).
3
For paragraph (8) , substitute–
8
The amount of earnings which is comprised in any payment by way of the conferment of a beneficial interest in–
a
any asset falling within paragraph 9ZA or 9ZB of Schedule 1A to these Regulations (assets not to be disregarded as payments under regulation 19(1)(d)) which is not a readily convertible asset;
b
any voucher falling within paragraph 9B of that Schedule which is not capable of being exchanged for a readily convertible asset,
and which falls to be taken into account in the computation of a person’s earnings shall, for the purposes of earnings-related contributions, be calculated or estimated on the basis of the cost of the asset in question; and for the purposes of this paragraph “the cost of the asset” in relation to any voucher includes the cost of any asset for which that voucher is capable of being exchanged.
.
4
For paragraph (9) , substitute–
9
The amount of earnings which is comprised in–
a
any payment by way of the conferment of a beneficial interest in–
i
any asset falling within Schedule 1A to these Regulations which is a readily convertible asset;
ii
any voucher falling within paragraph 9B of that Schedule (any voucher capable of being exchanged for an asset falling within paragraphs 1 to 9ZB thereof) where the asset for which it is capable of being exchanged is a readily convertible asset;
b
any payment by way of any asset or voucher falling within Schedule 1B to these Regulations (readily convertible assets not to be disregarded as payments under regulation 19(1)(d)),
where that payment falls to be taken into account in the computation of a person’s earnings, shall, for the purposes of earnings-related contributions be calculated by reference to the amount determined in accordance with paragraph (10) of this regulation for the purposes of section 203F(1) of the Income and Corporation Taxes Act 1988 ( PAYE : readily convertible assets).
10
The amount referred to in paragraph (9) of this regulation is–
a
in the case of any asset falling within paragraph (9)(a)(i) of this regulation or paragraph 1 of Schedule 1B to these Regulations, the best estimate that can reasonably be made of the amount of income likely to be chargeable to tax under Schedule E in accordance with the Income and Corporation Taxes Act 1988 in respect of the provision of the asset;
b
in the case of an asset falling within paragraph 2 of that Schedule, the best estimate that can reasonably be made of the amount of income likely to be chargeable to tax under Schedule E in accordance with that Act in respect of the enhancement of its value;
c
in the case of any voucher falling within paragraph (9)(a)(ii) of this regulation or paragraph 3 of that Schedule, the best estimate that can reasonably be made of the amount of income likely to be chargeable to tax under Schedule E in accordance with that Act in respect of the provision of any asset for which the voucher is capable of being exchanged.
11
The amount of earnings which is comprised in any payment by way of the conferment of a conditional interest in shares and which falls to be taken into account in the computation of a person’s earnings, shall, for the purposes of earnings-related contributions, be calculated on the basis of the best estimate that can reasonably be made of the difference between–
a
the market value of that person’s interest immediately after that interest ceases to be only conditional or, as the case may be, at the time of the sale or other disposal of that interest; and
b
the amount or value of the consideration given by that person for that interest together with any amounts which have previously been included in that person’s earnings for the purposes of his assessment of earnings-related contributions in respect of his acquisition of that interest.
12
For the purposes of paragraph (11) of this regulation–
a
“market value” has the meaning assigned to it in section 140A(6) of the Income and Corporation Taxes Act 1988 (conditional acquisition of shares);
b
the “amount or value of the consideration given” shall be determined in accordance with section 140B of that Act (consideration for shares conditionally acquired) as if it were being determined for the purposes of section 140A of that Act.
13
The amount of earnings which is comprised in any payment by way of the conferment of a beneficial interest in convertible shares and which falls to be taken into account in the computation of a person’s earnings shall, for the purposes of earnings-related contributions, be calculated on the basis of the best estimate that can reasonably be made of the gain from their conversion.
14
For the purposes of paragraph (13) of this regulation, the “gain from their conversion” is the difference between–
a
the market value at the time of the conversion of the shares into which the convertible shares are converted; and
b
the sum of–
i
the amount or value of any consideration given for the convertible shares;
ii
any amount or value of any consideration given for the conversion in question;
iii
the amounts which have previously been included in that person’s earnings for the purposes of his assessment of earnings-related contributions in respect of his acquisition of the interest in the convertible shares;
iv
if the convertible shares were acquired through a series of conversions each of which gives rise to a liability for earnings-related contributions, any amount of the gain from each conversion, so far as not falling within head (iii) of this sub-paragraph.
15
For the purposes of paragraph (14) of this regulation–
a
“market value” has the meaning assigned to it in section 140F(3) of the Income and Corporation Taxes Act 1988 (supplemental provision with respect to convertible shares);
b
the “amount or value of any consideration given” shall be determined in accordance with section 140E of that Act (consideration for convertible shares);
c
the reference to a conversion which gives rise to a liability for earnings-related contributions is a reference to any conversion which gives rise to a gain which was treated as earnings by virtue of regulation 17AB of these Regulations or would have given rise to a gain but for the fact that the market value at the time of conversion of the shares into which the convertible shares are converted did not exceed the sum referred to in sub-paragraph (b) of paragraph (14) of this regulation.
.
Amendment of regulation 19 of the principal Regulations
6
1
Regulation 19 of the principal Regulations (payments to be disregarded) shall be amended in accordance with the following provisions of this regulation.
2
For paragraph (1)(l) , substitute–
l
a payment by way of shares where such shares are not readily convertible assets and form part of the ordinary share capital of–
i
the secondary contributor; or
ii
a company which has control of the secondary contributor; or
iii
a company which either is, or has control of, a body corporate which is a member of a consortium owning either that secondary contributor or a body corporate having control of that secondary contributor;
.
3
For paragraph (1)(m) , substitute–
m
a payment by way of a right to acquire shares where neither that right nor those shares are readily convertible assets;
.
4
After paragraph (1)(zc) , add–
zd
a payment by way of–
i
the conferment of a conditional interest in shares in respect of which, by virtue of section 140A(3) of the Income and Corporation Taxes Act 1988 (conditional acquisition of shares), no tax is chargeable under Schedule E except any tax which is so chargeable by virtue only of section 135 or 162 of that Act;
ii
convertible shares in respect of which, by virtue of section 140D(8) or (10) of the Income and Corporation Taxes Act 1988 (convertible shares), tax is not chargeable under that section of that Act; or
iii
shares appropriated under a profit sharing scheme to which the provisions of section 186 of the Income and Corporation Taxes Act 1988 (approved profit sharing schemes) apply;
ze
a payment by way of a conditional interest in shares where at the time of payment–
i
that earner is treated by virtue of section 203FB(4) of the Income and Corporation Taxes Act 1988 (PAYE: gains from share options etc. ) as having been provided with a further interest, which interest would not, for the purposes of section 140A of that Act, be treated as only conditional; and
ii
the conditional interest together with that further interest are not readily convertible assets;
zf
a payment by way of a beneficial interest in convertible shares where–
i
that earner is treated by virtue of section 203FB(5) of the Income and Corporation Taxes Act 1988 as if the original provision of those shares included the shares into which they are converted; and
ii
those shares, and the shares into which they are converted, are not readily convertible assets;
zg
a payment of, or contribution towards, qualifying travelling expenses which the holder of an office or employment is obliged to incur and defray out of the emoluments of the office or employment.
.
5
For paragraph (5) , substitute–
5
Payments under paragraph (1)(d) of this regulation shall not include any payment by way of–
a
the conferment of any beneficial interest in–
i
any asset falling within Schedule 1A to these Regulations; or
ii
any contract the effecting and carrying out of which constitutes long term business falling within Class I (life and annuity business), Class III (linked long term business) or Class VI (capital redemption business) specified in Schedule 1 to the Insurance Companies Act 1982 ;
b
any asset falling within Schedule 1B to these Regulations.
.
6
In paragraph (6) for “paragraph (5)(b)”, substitute “paragraph (5)(a)(ii)”.
7
In paragraph (7) , omit sub-paragraph (g).
8
In paragraph (7A) , omit sub-paragraph (a).
9
After paragraph (9) , add–
10
For the purposes of paragraph (1)(zg) of this regulation–
a
“qualifying travelling expenses” means–
i
amounts necessarily expended on travelling in the performance of the duties of the office or employment; or
ii
other expenses of travelling which are attributable to the necessary attendance at any place of the holder of the office or employment in the performance of the duties of the office or employment and are not expenses of ordinary commuting or private travel within the meaning of paragraph 2 of Schedule 12A to the Income and Corporation Taxes Act 1988 (ordinary commuting and private travel) ;
b
paragraphs 1(2) and 2 to 7 of that Schedule shall apply as they apply for the purposes of section 198(1A)(b)(ii) of that Act (relief for necessary expenses) ;
c
expenses of travel by the holder of an office or employment between two places at which he performs duties of different offices or employments under or with companies in the same group are treated as necessarily expended in the performance of the duties which he is to perform at his destination; and for this purpose companies are taken to be members of the same group if, and only if, one is a 51 per cent. subsidiary of the other or both are 51 per cent. subsidiaries of a third company within the meaning of section 838(1)(a) of the Income and Corporation Taxes Act 1988 (subsidiaries).
.
Insertion of regulation 22H into the principal Regulations
7
After regulation 22G of the principal Regulations (exception from liability to pay Class 1A contributions in respect of cars made available to disabled employed earners for business and home to work travel only) , insert–
Calculation of Class 1A contributions
22H
A Class 1A contribution calculated in accordance with the provisions of section 10 of the Social Security Contributions and Benefits Act 1992 (Class 1A contributions) shall be calculated to the nearest £0.01 and any amount of £0.005 or less shall be disregarded.
.
Amendment of Schedule 1 to the principal Regulations
8
After regulation 2(1) of Schedule 1 to the principal Regulations (interpretation), add–
2
For the purposes of regulation 13(6) , regulation 25 , regulation 26 , regulation 26A and regulation 30 , “primary Class 1 contributions” and “earnings-related contributions” shall, unless the context otherwise requires, include any amount paid on account of earnings-related contributions in accordance with the provisions of regulation 6A(6) of the Main Regulations.
.
Amendment of Schedule 1A to the principal Regulations
9
In Schedule 1A to the principal Regulations–
a
in paragraph 5(a) of Part I (assets not to be disregarded under regulation 19(1)(d)) for “9ZA, 9ZB or 9A”, substitute “9ZA or 9ZB”;
b
omit paragraphs 9A and 9C of that Part;
c
omit paragraph 15 of Part II (interpretation of Part I of this Schedule);
d
in paragraph 16 of that Part, omit “or 9C”.
Insertion of Schedule 1B into the principal Regulations
10
After Schedule 1A to the principal Regulations, insert the new Schedule 1B as set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
8th September 1998


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Nitrate Sensitive Areas (Amendment) (No. 2) Regulations1998 and shall come into force on 30th September 1998.
2
In these Regulations–
a
“the principal Regulations ” means the Nitrate Sensitive Areas Regulations 1994 ;
b
“current scheme”, with respect to an applicant, means the scheme in which a person referred to in regulation 2(1)(b) below participates at the date of the new application made by him.
Closure of schemes with respect to future applications
2
1
The principal Regulations shall have effect only in so far as they apply in relation to any application made under them, and any participation in and entitlement under a scheme pursuant to such an application, being an application which–
a
has been accepted by the Minister; or
b
is an application (a “new application”) of a kind specified in regulation 3 below made before 30th September 1998 by a person–
i
who, at the date of his new application, participates in a scheme as a consequence of a previous application for aid made by him which was accepted by the Minister; and
ii
who has given undertakings under regulation 7 of the principal Regulations with respect to his current scheme, and in respect of a period of five years which at the date of his new application has not expired.
2
In so far as, by virtue of paragraph (1) above, the principal Regulations continue to have effect, they shall apply with the modification specified in regulation 4 below and subject to the amendments made in regulations 5 to 14 below.
3
An application of the kind mentioned in regulation 2(1)(b) above is an application to participate in a new scheme, and for entitlement to aid thereunder, in substitution to the applicant’s participation in, and entitlement to aid under, his current scheme.
Modification of the principal Regulations
4
1
The Minister shall not accept an application of a kind specified in regulation 3 above unless he is satisfied that the conditions set out in Article 13 of Commission Regulation ( EC ) (No. 746/96 will be fulfilled as a result of such acceptance.
2
Where the Minister has accepted an application of a kind specified in regulation 3 above made by a person specified in regulation 2(1)(b) above, the applicant’s participation in his current scheme, and his obligations and entitlement to aid thereunder, shall end.
Amendment of the principal Regulations
5
The principal Regulations shall be amended in accordance with the following provisions of these Regulations.
6
In regulation 5 (land which is eligible for aid), in paragraph (1), for the words “regulation 3(1)(b)” there shall be substituted the words “regulation 3(b)”.
7
In regulation 7 (undertakings by farmer), in paragraph (1), for the words “regulation 3(1)(d)” there shall be substituted the words “regulation 3(d)”.
8
In regulation 8 (restrictions on acceptance of applications for aid), in paragraph (4)(a), for the words “regulation 3(1)(d)” there shall be substituted the words “regulation 3(d)”.
9
In regulation 11 (payments of aid), for the words “sub-paragraph (b) of regulation 7” there shall be substituted the words “regulation 7(1)(b)”.
10
In Schedule 2 (requirements under all schemes), for the words “regulation 7(a)” there shall be substituted the words “regulation 7(1)(a)”.
11
In Schedule 3 (requirements under the basic scheme), for the words “regulation 7(b)(i)” there shall be substituted the words “regulation 7(1)(b)(i)”.
12
In Schedule 4 (requirements under the premium arable scheme)–
a
for the words “regulation 7(b)(ii)” there shall be substituted the words “regulation 7(1)(b)(ii)”;
b
for paragraph (2) there shall be substituted the following two paragraphs–
2
the farmer shall maintain as grassland for as long as any undertaking of his remains extant–
a
all permanent grassland on his land within the nitrate sensitive area; and
b
any arable land converted to grassland, excluding grass leys, after 31st December 1991;
2A
the farmer shall also maintain as grassland, for the duration of any undertaking relating to it, the land converted in accordance with paragraph (1);
.
13
In Schedule 5 (requirements under the premium grass scheme), for the words “regulation 7(b)(iii)” there shall be substituted the words “regulation 7(1)(b)(iii)”.
14
In Schedule 6 (rates of payment), in paragraph 6B (set-aside option), for the amount “£376” there shall be substituted the amount “£356”.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
26th August 1998


text:
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (Oman) Order 1998.
2
It is hereby declared —
a
that the arrangements specified in the Agreement set out in Part I of the Schedule to this Order and in the Exchange of Notes constituting an Agreement set out in Part II of that Schedule have been made with the Government of the Sultanate of Oman with a view to affording relief from double taxation in relation to income tax, corporation tax or capital gains tax and taxes of a similar character imposed by the laws of Oman;
b
that those arrangements include provisions with respect to the exchange of information necessary for carrying out the domestic laws of the United Kingdom and the laws of Oman concerning taxes covered by the arrangements including, in particular, provisions about the prevention of fiscal evasion with respect to those taxes; and
c
that it is expedient that those arrangements should have effect.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Horton General Hospital National Health Service Trust (Dissolution) Order 1998 and shall come into force on 1st April 1998.
Dissolution of NHS trust
2
The Horton General Hospital National Health Service Trust established by the Horton General Hospital National Health Service Trust (Establishment) Order 1992 is dissolved, and accordingly that Order is revoked.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,
Department of Health
17th March 1998


text:
1
This Order may be cited as the Cambridgeshire College of Agriculture and Horticulture (Dissolution) Order 1998 and shall come into force on 1st August 1998.
2
On 1st August 1998 the Transferor shall be dissolved and all of its property, rights and liabilities shall be transferred to the Transferee, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the Transferor immediately before 1st August 1998 as if the references in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st August 1998;
c
to the transferor were to the Transferor; and
d
to the corporation were to the Transferee.
Tessa Blackstone
Minister of State,
Department for Education and Employment
7th July 1998


text:
1
These Rules may be cited as the Pensions Appeal Tribunals (England and Wales) (Amendment) Rules 1998 and shall come into force on 8th June 1998.
2
The Pensions Appeal Tribunals (England and Wales) Rules 1980 shall be amended in accordance with the following provisions of these Rules.
3
In these Rules, a rule referred to by number alone means the rule so numbered in the Pensions Appeal Tribunals (England and Wales) Rules 1980.
4
1
In rule 2 —
a
in paragraph (1)(f) there shall be substituted for the words “in the manner prescribed by these Rules”, the words “on an appropriate form”; and
b
paragraph (3) shall be omitted.
2
In rule 3(2), for the words “Article 67A(1)(b) and (2) of the Naval, Military and Air Forces, etc. (Disablement and Death) Services Pensions Order 1978 and in Article 76A(1)(b) and (2) of the Personal Injuries (Civilians) Scheme 1976 ”, there shall be substituted the words —
Article 68(1)(b) and (2) of the Naval, Military and Air Forces, etc. (Disablement and Death) Service Pensions Order 1983 and in Article 77(1)(b) and (2) of the Personal Injuries (Civilians) Scheme 1983
.
3
In rule 4 —
a
in paragraph (1) there shall be substituted for the words “on whichever of the forms of notice of appeal set out in Schedule 1 is appropriate”, the words “on an appropriate form”; and
b
for paragraph (3) there shall be substituted the following new paragraph —
3
A notice of appeal shall be signed by the appellant, or as the case may be, by the person acting on behalf of the appellant, and shall bear the date on which it was signed, and shall be sent by post addressed to the Secretary of State for Social Security.
.
4
In rule 8 —
a
in paragraph (1) the words “to the effect of Form 7” shall be omitted; and
b
in paragraph (2) the words “(unless the appeal is to be heard in his absence under rule 20)” shall be omitted.
5
1
In the Arrangement of Rules, after rule 5, there shall be inserted the words —
5A
Review of appeal documents.
.
2
After rule 5 there shall be added the following new rule —
Review of appeal documents
5A
1
After receipt by the Pensions Appeal Office of the documents mentioned in rule 5(6), the President, or a member of the tribunal nominated for the purpose by the Lord Chancellor, may review the documents and may, if he thinks fit exercise the powers given to the tribunal —
a
under rule 14 to require further information to be obtained or further evidence to be procured or produced; or
b
under rule 15 to take the opinion of a medical specialist or other technical expert, and
paragraphs (1) to (3) of rule 14 and paragraphs (1) to (3) of rule 15 shall apply with any necessary modifications.
2
After reviewing the documents mentioned in paragraph (1) above, the President or the member of the tribunal so nominated, as the case may be, may without prejudice to the application of rule 32 give such directions as he thinks fit on any matter arising in connection with the appeal.
.
6
At the end of rule 19(4), there shall be added the words —
and shall be available for public inspection.
.
7
1
In the Arrangement of Rules, in rule 20, for the words “Appeal in absence of appellant”, there shall be substituted the words —
Appeal in absence of parties.
.
2
For rule 20, there shall be substituted the following new rule —
Appeal in absence of parties
20
1
Subject to any arrangements made by the President under rule 21, to the provisions of rule 23 and to the following provisions of this rule, an appeal may be heard in the absence of the parties or their representatives.
2
If a party fails to attend or be represented at a hearing of which he has been duly notified, the tribunal may —
a
unless it is satisfied that there is sufficient reason for such absence, hear and determine the appeal in the party’s absence; or
b
adjourn the hearing.
3
The tribunal may, if it thinks that the presence of the appellant is necessary for the due determination of the appeal, give directions that the appeal shall not be heard in his absence.
4
Subject to paragraph (3), the appeal may be heard in the absence of the appellant where he or his representative has requested it.
5
Where an appeal has been determined under paragraph (2)(a) and the appellant applies to the President, without undue delay, for the decision to be set aside, the President may, if after affording each party a reasonable opportunity to make representations he considers that the interests of justice so require, grant the application and arrange for the appeal to be re-heard before a differently constituted tribunal; and he may make such further order as he thinks fit.
8
Rule 21 shall stand as paragraph (1) of that rule and the following paragraph shall be inserted after paragraph (1) —
2
Where an appeal has been determined under paragraph (1)(d) and the appellant applies to the President, without undue delay, for the decision to be set aside, the President may, if after affording each party a reasonable opportunity to make representations he considers that the interests of justice so require, grant the application and arrange for the appeal to be re-heard before a differently constituted tribunal; and he may make such further order as he thinks fit.
9
1
In rule 24, for paragraph (3), there shall be substituted —
3
Where a designated person is proceeding with an entitlement appeal on behalf of an appellant who has died, the appeal shall be heard at the same time and by the same tribunal as any appeal brought by the designated person in respect of the appellant’s death.
2
In rule 26 —
a
there shall be added after paragraph (2) the following new paragraph —
2A
Upon receipt by the Pensions Appeal Office of a written notification from the designated person or the Secretary of State, within 12 months after notice under paragraph (2) has been given, that the designated person wishes to proceed with the appeal, the case shall be restored to the list of cases for hearing.
;
b
in paragraph (3), the words “or, as the case may be, the designated person” shall be omitted; and
c
in paragraph (5), after the word “President”, there shall be added the words “or where no written notification has been received within the time prescribed in paragraph (2A),”.
10
Schedule 1 shall be omitted.
Irvine of Lairg, C.
Dated 8th May 1998


text:
Citation and commencement
1
These Regulations may be cited as the Council Tax (Discount Disregards) (Amendment) Regulations 1998 and shall come into force on 1st April 1998.
Care workers' weekly remuneration
2
In paragraph 1(c) of the Schedule to the Council Tax (Additional Provisions for Discount Disregards) Regulations 1992 for “£30” there is substituted “£36”.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
11th February 1998
Win Griffiths
Parliamentary Under-Secretary of State, Welsh Office
11th February 1998


text:
Citation and commencement
1
1
This Order may be cited as the County Borough of Wrexham (Electoral Arrangements) Order 1998.
2
This Order shall come into operation on 6th May 1999 except that for the purposes of all proceedings preliminary or relating to an election to be held on or after that day, it shall come into force immediately.
Electoral divisions
2
1
The existing electoral divisions of the County Borough of Wrexham shall be abolished and the County Borough shall be divided into 47 electoral divisions which shall bear the names set out in column (1) of the Schedule to this Order, and each such electoral division shall comprise the area specified opposite thereto in column (2) of that Schedule.
2
The number of councillors to be returned for each such electoral division shall be the number specified opposite thereto in column (3) of the Schedule to this Order.
Register of local government electors
3
The registration officer shall make such re-arrangement or adaptation of the register of local government electors as may be necessary on account of the coming into force of this Order.
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
23rd November 1998


text:
1
This Order may be cited as the Public Telecommunication System Designation (KPN Telecom UK Limited) Order 1998 and shall come into force on 7th January 1999.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Barbara Roche
Parliamentary Under Secretary of State for Small Firms, Trade and Industry,
Department of Trade and Industry
3rd December 1998


text:
Title and commencement
1
This Order may be cited as the Disposal of Waste (Control of Beet Rhizomania Disease) (Revocation) Order 1998 and shall come into force on 7th October 1998.
Revocation
2
The Disposal of Waste (Control of Beet Rhizomania Disease) Order 1988 is hereby revoked.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
9th September 1998
Sewel
Parliamentary Under Secretary of State, Scottish Office
14th September 1998
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
14th September 1998


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Rugby Borough Council) Order 1998 and shall come into force on 18th November 1998.
Exemption of collection of refuse
2
The collection of refuse by the council of the borough of Rugby shall not be treated as a defined activity so long as it is carried out within their area during the period beginning with 18th November 1998 and ending on 30th November 1999.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
20th October 1998


text:
1
This Order may be cited as the Northern Ireland (Elections) Act 1998 (Commencement) Order 1998.
2
The provisions of the Northern Ireland (Elections) Act 1998, other than sections 2(5) and (6), 3, 6 and 8 (which are already in force), shall come into force on 28th May 1998.
Marjorie Mowlam
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
27th May 1998


text:
1
1
This Order may be cited as the Criminal Procedure and Investigations Act 1996 (Appointed Day No. 8) Order 1998.
2
This Order extends to England and Wales only.
2
1st April 1998 is hereby appointed for the purposes of section 45 of the Criminal Procedure and Investigations Act 1996 insofar as that section relates to notices of transfer served under section 53 of the Criminal Justice Act 1991 .
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
11th March 1998


text:
Citation and commencement
1
This Order may be cited as the Dissolution of the North Downs Community Health National Health Service Trust and the Heathlands Mental Health National Health Service Trust Order 1998 and shall come into force on 1st April 1998.
Dissolution of NHS trusts
2
1
The North Downs Community Health National Health Service Trust established by the North Downs Community Health National Health Service Trust (Establishment) Order 1993 is dissolved, and accordingly that Order is revoked.
2
The Heathlands Mental Health National Health Service Trust established by the Heathlands Mental Health National Health Service Trust (Establishment) Order 1994 is dissolved, and accordingly that Order is revoked.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State
Department of Health
3rd March 1998


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


text:
1
This Order may be cited as the Hovercraft (Application of Enactments) (Amendment) Order 1998 and shall come into force on the tenth day after the day on which it is made.
2
The Hovercraft (Application of Enactments) Order 1972 shall be amended by deleting from Part A of Schedule 2 thereto the following:
a
the reference to the Civil Aviation Act 1968 section 16 in column 1 and the corresponding reference in column 2 and modification in column 3; and
b
the reference to the Civil Aviation Act 1971 section 27 in column 1 and the corresponding reference in column 2 and modification in column 3.
N. H. Nicholls
Clerk of the Privy Council


text:
Title and commencement
1
These Regulations may be cited as the Organic Farming (Aid) (Amendment) Regulations 1998 and shall come into force on 1st August 1998.
Interpretation
2
In these Regulations “the principal Regulations ” means the Organic Farming (Aid) Regulations 1994 .
Amendment of the principal Regulations
3
The principal Regulations shall be amended in accordance with regulations 4 to 6 below.
4
In regulation 2(1) of the principal Regulations, in the definition of “Council Regulation 2092/91”, for the words “Commission Regulation ( EC ) No. 418/96 ” there shall be substituted “Commission Regulation (EC) No. 1488/97 ” .
5
In regulation 3 of the principal Regulations, there shall be inserted, after paragraph (1), the following paragraph–
1A
Paragraph (1) above is subject to–
a
Article 20(3) of the Commission Regulation (which requires a person who, intentionally or by reason of gross negligence, makes a false declaration to be excluded from all aid under Council Regulation 2078/92); and
b
in respect of an application made on or after 1st January 1997, Article 10 of the Commission Regulation (which restricts duplication of aid payments).
.
6
For regulation 9 of the principal Regulations (aid payments to be made in arrear) and the heading thereto there shall be substituted the following regulation and heading–
Payment of aid
9
1
Subject to Article 14(3) of the Commission Regulation (which requires payments to be made on the basis of an annual request for payment), any payment of aid made by the Minister to a beneficiary pursuant to these Regulations shall be made in respect of a whole year, but may be made at any time during the year in respect of which it is made.
2
Any request for the payment of aid shall be made at such time and in such form and shall contain such information as the Minister reasonably may direct.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
2nd July 1998
Signed by authority of the Secretary of State for Wales,
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
2nd July 1998