text:
Citation and commencement
1
These Regulations may be cited as the Housing Renewal Grants (Amendment) Regulations 1998 and shall come into force —
a
other than for the purposes of regulations 8 and 9, on 13th April 1998; and
b
for the purposes of regulations 8 and 9, on 1st June 1998.
Amendments
2
The Housing Renewal Grants Regulations 1996 are amended in accordance with regulations 3 to 20.
Regulation 2
3
In regulation 2 (interpretation) —
a
after the definition of “invalid carriage or other vehicle”, insert —
“the Jobseeker’s Allowance Regulations ” means the Jobseeker’s Allowance Regulations 1996 ;
;
b
in the definition of “the McFarlane Trusts”, for “McFarlane” substitute “MacFarlane”; and
c
in the definition of “young person”, after “income support” insert “or income-based job seeker’s allowance”.
Regulation 7
4
In regulation 7(6) (remunerative work), for “recepit” substitute “receipt”.
Regulation 10
5
In regulation 10(2) (the applicable amount) in sub-paragraph (a) after “in receipt” insert “(and entitled to be in receipt)”.
Regulation 12
6
In regulation 12 (reduction in amount of grant) —
a
in paragraph (1)(a), for “18.17” substitute “17.39”;
b
in paragraph (1)(b), for “36.33” substitute “34.78”;
c
in paragraph (1)(c), for “145.32” substitute “139.13”;
d
in paragraph (1)(d), for “363.30” substitute “347.82”;
e
in paragraph (2)(a), for “10.67” substitute “10.40”;
f
in paragraph (2)(b), for “21.34” substitute “20.80”;
g
in paragraph (2)(c), for “85.35” substitute “83.22”; and
h
in paragraph (2)(d), for “213.38” substitute “208.04”.
Regulation 13
7
In regulation 13(2)(a) (successive applications), for “grants” substitute “Grants”.
Regulation 18
8
1
In regulation 18(1) (determination of income on a weekly basis), for “£60 per week”, substitute —
whichever of the sums specified in paragraph (1A) applies in his case.
.
2
After regulation 18(1) insert —
1A
The maximum deduction for the purposes of paragraph (1) is —
a
where the relevant person’s family includes only one child in respect of whom relevant child care charges are paid, £60 per week; and
b
where the relevant person’s family includes more than one child in respect of whom relevant child care charges are paid, £100 per week.
.
Regulation 19
9
In regulation 19(4) (treatment of child care charges) , in the definition of “relevant child care charges” —
a
for the words from “who either is” to “his eleventh birthday” substitute “in respect of the period beginning on that child’s date of birth and ending on the day preceding the first Monday in September (in any year) following that child’s twelfth birthday”; and
b
for the words from “who are aged 8” to “their eleventh birthday” substitute “in respect of the period beginning on their eighth birthday and ending on the day preceding the first Monday in September (in any year) following their twelfth birthday”.
Regulation 26
10
In regulation 26(a) (earnings of self-employed earners), for “assissting” substitute “assisting”.
Regulation 27
11
In regulation 27(8)(b)(ii) (determination of net-profit of self-employed earners), for “busines” substitute “business”.
Regulation 29
12
In regulation 29(1) (determination of income other than earnings), for “(annuity treated as income)”, substitute “(capital treated as income)”.
Regulation 30
13
For regulation 30 (annuity treated as income), substitute —
Capital treated as income
30
The following shall be treated as income —
a
any payment received under an annuity; and
b
any Career Development Loan paid pursuant to section 2 of the Employment and Training Act 1973 .
.
Regulation 31
14
1
In regulation 31(2) (notional income), omit “or” at the end of sub-paragraph (b) and insert at the end of sub-paragraph (c) —
; or
d
any sum to which paragraph 46 or 47 of Schedule 4 refers.
2
In regulation 31(9) for “other than” to “the Fund” substitute “other than any of the payments referred to in paragraph (9A)”.
3
After regulation 31(9) insert —
9A
The payments for the purposes of the exclusion in paragraph (9) are any payment of income —
a
made under any of the MacFarlane Trusts, the Independent Living Funds or the Fund,
b
made pursuant to section 19(1)(a) of the Coal Industry Act 1994 (concessionary coal), or
c
made pursuant to section 2 of the Employment and Training Act 1973 in respect of a person’s participation in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations or in a training scheme specified in regulation 75(1)(b)(ii) of those Regulations.
.
4
In regulation 31(10), at the end add “or to a service performed in connection with the relevant person’s participation in an employment or training programme in accordance with regulation 19(1)(q) of the Jobseeker’s Allowance Regulations”.
Regulation 38
15
1
In regulation 38(2) (notional capital), omit “or” at the end of sub-paragraphs (a), (b) and (c) and at the end of sub-paragraph (d), insert —
; or
e
any sum to which paragraph 46 or 47 of Schedule 4 refers.
2
In regulation 38(3), after “the Fund” insert “or pursuant to section 2 of the Employment and Training Act 1973 in respect of a person’s participation in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations or in a training scheme specified in regulation 75(1)(b)(ii) of those Regulations”.
Regulation 43
16
In regulation 43(2)(f) (determination of grant income), for “£280”, substitute “£287”.
Schedule 1
17
1
In paragraph 1 of Part 1 of Schedule 1 (applicable amounts: personal allowances), in the column headed “ (2) Amount ” —
a
in sub-paragraph (1)(a), for “£38.90” substitute “£39.85”;
b
in sub-paragraph (1)(b), for “£49.15” substitute “£50.35”;
c
in sub-paragraph (2)(a), for “£38.90” substitute “£39.85”;
d
in sub-paragraph (2)(b), for “£49.15” substitute “£50.35”;
e
in sub-paragraph (3)(a), for “£58.70” substitute “£60.10”; and
f
in sub-paragraph (3)(b), for “£77.15” substitute “£79.00”.
2
In paragraph 2 of Part I of Schedule 1 (applicable amounts: personal allowances), in the column headed “ (2) Amount ” —
a
in sub-paragraph (a) for “£16.90” substitute “£17.30”;
b
in sub-paragraph (b) for “£24.75” substitute “£25.35”; and
c
in sub-paragraph (c) for “£29.60” substitute “£30.30”.
3
For paragraph 3 of Part II of Schedule 1 (applicable amounts: family premiums), substitute —
3
The amount for the purposes of regulations 14(c) and 15(d) in respect of a family of which at least one member is a child or young person shall be £11.05.
.
4
In paragraph 18 of Part IV of Schedule 1 (applicable amounts: amounts of premiums specified in Part III), in the column headed “ Amount ” —
a
in sub-paragraph (1)(a), for “£19.65” substitute “£20.10”;
b
in sub-paragraph (1)(b), for “£29.65” substitute “£30.35”;
c
in sub-paragraph (2)(a), for “£21.85” substitute “£22.35”;
d
in sub-paragraph (2)(b), for “£32.75” substitute “£33.55”;
e
in sub-paragraph (3)(a), for “£26.55” substitute “£27.20”;
f
in sub-paragraph (3)(b), for “£38.00” substitute “£38.90”;
g
in sub-paragraph (4)(a), for “£20.95” substitute “£21.45”;
h
in sub-paragraph (4)(b), for “£29.90” substitute “£30.60”;
i
in sub-paragraph (5)(a), for “£37.15” substitute “£38.50”;
j
in sub-paragraph (5)(b)(i), for “£37.15” substitute “£38.50”;
k
in sub-paragraph (5)(b)(ii), for “£74.30” substitute “£77.00”;
l
in sub-paragraph (6), for “£20.95” substitute “£21.45”; and
m
in sub-paragraph (7), for “£13.35” substitute “£13.65”.
Schedule 2
18
For paragraph 4 of Schedule 2 (sums to be disregarded in the determination of earnings , substitute —
4
In the case where the relevant person is a lone parent, £25.
.
Schedule 3
19
1
In paragraph 10 of Schedule 3 (sums to be disregarded in the determination of income other than earnings), at the end, add “or section 12(2)(c) of the Further and Higher Education (Scotland) Act 1992 (provision of financial assistance to students)”.
2
In paragraph 11 of Schedule 3 —
a
after sub-paragraph (c) insert —
d
any child care expenses reimbursed to the relevant person in respect of his participation in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations or in a training scheme specified in regulation 75(1)(b)(ii) of those Regulations,
; and
b
for “under sub-paragraph (a), (b) or (c)” substitute “under any of sub-paragraphs (a) to (d)”.
3
At the end of Schedule 3, add —
59
Any payment made under the Community Care (Direct Payments) Act 1996 or under section 12B of the Social Work (Scotland) Act 1968 .
60
1
Any Career Development Loan paid to the relevant person pursuant to section 2 of the Employment and Training Act 1973 except to the extent that the loan has been applied for and paid in respect of living expenses for the period of education and training supported by that loan and those expenses relate to any one or more of the items specified in sub-paragraph (2).
2
The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel or rent of the relevant person or, where the relevant person is a member of a family, any other member of his family, or any council tax or water charges for which that relevant person or member is liable.
3
For the purposes of this paragraph, “ordinary clothing or footwear” and “rent” have the same meaning as in regulation 31(14).
61
Any mandatory top-up payment made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person’s participation in the Voluntary Sector Option of the New Deal as specified in regulation 75(1)(a)(ii)(bb) of the Jobseeker’s Allowance Regulations or in the Environment Task Force Option of the New Deal as specified in regulation 75(1)(a)(ii)(cc) of those Regulations.
62
Any discretionary payment to meet, or to help meet, special needs made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person’s participation in the Full-Time Education and Training Option of the New Deal as specified in regulation 75(1)(b)(ii) of the Jobseeker’s Allowance Regulations.
.
Schedule 4
20
1
In paragraphs 46 and 47 of Schedule 4 (capital to be disregarded), omit “under the age of 18” and, at the end of sub-paragraph (b), add “where the person concerned is under the age of 18”.
2
At the end of Schedule 4, add —
52
Any mandatory top-up payment made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person’s participation in the Voluntary Sector Option of the New Deal as specified in regulation 75(1)(a)(ii)(bb) of the Jobseeker’s Allowance Regulations or in the Environment Task Force Option of the New Deal as specified in regulation 75(1)(a)(ii)(cc) of those Regulations but only for a period of 52 weeks from the date of receipt of the payment.
53
Any discretionary payment to meet, or to help meet, special needs made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person’s participation in the Full-Time Education and Training Option of the New Deal as specified in regulation 75(1)(b)(ii) of the Jobseeker’s Allowance Regulations but only for a period of 52 weeks from the date of receipt of the payment.
.
Application
21
1
An amendment made by these Regulations shall not have effect in relation to applications for grant made before that amendment came into force.
2
The amendment made by regulation 17(3) to paragraph 3 of Part II of Schedule 1 to the Housing Renewal Grants Regulations 1996 (applicable amounts: family premiums) shall not have effect in a case where —
a
the relevant person was a lone parent throughout the period starting on 5th April 1998 and ending on the date the application is made; and
b
no premium is applicable under paragraph 8, 9, 10 or 11 of that Schedule,
and, in such a case, for paragraph 3 of that Schedule there shall be substituted —
3
Where the relevant person is a lone parent and no premium is applicable under paragraphs 8, 9, 10 or 11, £22.05.
.
3
In paragraph (2), “lone parent” and “relevant person” have the same meaning as in the Housing Renewal Grants Regulations 1996.
Signed by authority of the Secretary of State
Nick Raynsford
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
5th March 1998
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under-Secretary of State, Welsh Office
9th March 1998
We consent,
Graham Allen
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
18th March 1998


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Social Security (Industrial Injuries) (Dependency) (Permitted Earnings Limits) Order 1998 and shall come into force on 6th April 1998.
Increase of earnings limits in respect of dependent children
2
In paragraph 4 of Schedule 7 to the Social Security Contributions and Benefits Act 1992 —
a
in sub-paragraph (4)(a) for the amount of £135 there shall be substituted the amount of £140;
b
in sub-paragraph (4)(b) for the amounts of £17 and £135 there shall be substituted the amounts of £18 and £140 respectively.
Revocations
3
The Social Security (Industrial Injuries) (Dependency) (Permitted Earnings Limits) Order 1996 and the Social Security (Industrial Injuries) (Dependency) (Permitted Earnings Limits) Order 1997 are hereby revoked.
Signed by authority of the Secretary of State for Social Security.
Frank Field
Minister of State,
Department of Social Security
3rd March 1998


text:
1
This Order may be cited as the Public Telecommunication System Designation (Izenkom Limited) Order 1998 and shall come into force on 27th February 1998.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Barbara Roche,
Parliamentary Under-Secretary of State for Small Firms, Trade and Industry,Department of Trade and Industry
26th January 1998


text:
1
This Order may be cited as The Bolton Sixth Form College (Incorporation) Order 1998 and shall come into force on 22nd June 1998 (“the Commencement Date”).
2
On the Commencement Date there shall be established a body corporate called “Bolton Sixth Form College” for the purpose of establishing and conducting from the operative date a new educational institution of that name (to be formed by the merger of North Bolton Sixth Form College and South College, Bolton).
3
The “operative date” in relation to the further education corporation established by this Order shall be 1st August 1998, and the corporation shall conduct Bolton Sixth Form College from that date.
Tessa Blackstone
Minister of State,
Department for Education and Employment
28th May 1998


text:
Citation and commencement
1
This Order may be cited as the Renfrewshire (Electoral Arrangements) Order 1998 and shall come into force on 1st January 1999.
Interpretation
2
In the Schedule to this Order–
a
a reference to–
i
an electoral ward is a reference to that electoral ward as constituted in this Order; and
ii
a road, footpath, railway line, river, burn or canal shall, where the context so admits, be construed as a reference to the centre line of the feature concerned; and
b
the following abbreviations are used:–
“EW” for electoral ward;
“NG Ref” for National Grid Reference as published on Ordnance Survey Maps.
Electoral arrangements
3
The area of Renfrewshire Council shall be divided into 40 wards, having the names, contents and boundaries set forth in the Schedule to this Order.
Henry B McLeish
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
17th December 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Amendment (New Deal) Regulations 1998 and shall come into force on 1 June 1998.
2
In these Regulations, “the Jobseeker’s Allowance Regulations ” means the Jobseeker’s Allowance Regulations 1996 .
Interpretation of the Jobseeker’s Allowance Regulations
2
In regulation 1(3) of the Jobseeker’s Allowance Regulations, in the definition of “jobseeking period” there shall be added after the words “regulation 47” the words “except where otherwise provided”.
Interpretation of Parts II and IV of the Jobseeker’s Allowance Regulations
3
In regulation 4 of the Jobseeker’s Allowance Regulations —
a
in the definition of “casual employment” there shall be inserted after the words “any notice” the words “except where otherwise provided”;
b
after the definition of “employment officer” the following definitions shall be inserted —
“examination” in relation to a qualifying course means an examination which is specified as an examination related to the qualifying course in a document signed on behalf of the establishment at which the qualifying course is being undertaken;
“made a claim for a jobseeker’s allowance” includes treated as having made a claim for the allowance and treated as having an award of the allowance in accordance with regulation 5, 6 or 7 of the Jobseeker’s Allowance (Transitional Provisions) Regulations 1996 ;
; and
c
after the definition of “a person who is laid off” the following definitions shall be inserted —
“qualifying course” has the meaning given in regulation 17A;
“term-time” in relation to a qualifying course means the period specified as term-time in relation to a person to whom regulation 17A(2) applies in a document signed on behalf of the establishment at which the qualifying course is being undertaken;
“vacation” in relation to a qualifying course means any period falling within the period of study, which is not term-time;
.
Further circumstances in which a person is to be treated as available for employment
4
After regulation 17 of the Jobseeker’s Allowance Regulations there shall be inserted the following regulation —
Further circumstances in which a person is to be treated as available: full-time students participating in a qualifying course
17A
1
A person to whom paragraph (2) applies shall, notwithstanding regulation 15(a), be treated as available for employment in accordance with paragraph (3).
2
This paragraph applies to a person —
a
who is aged 25 years or over; and
b
who has made a claim for a jobseeker’s allowance and has been receiving benefit within a jobseeking period for not less than 2 years as at the date he started, or is due to start, the qualifying course and for the purposes of this paragraph the linking provision set out in regulation 48 shall apply.
3
Subject to paragraph (4), where an employment officer has determined, having regard to the factors specified in paragraph (5), that a person to whom paragraph (2) applies may undertake a qualifying course, that person shall be treated as available for employment in any week in which he is undertaking the qualifying course as a full-time student and —
a
which falls wholly or partly in term-time, providing he —
i
provides evidence, as often as may be required by an employment officer, within 5 days of being so required by the employment officer, consisting of a document signed by him and on behalf of the establishment at which he is undertaking the qualifying course, confirming that he is attending the establishment when required to attend, in such form as may be required by the employment officer; and
ii
provides evidence, as often as may be required by an employment officer, within 5 days of being so required by the employment officer, consisting of a document signed by him and on behalf of the establishment at which he is undertaking the qualifying course, confirming that he is making satisfactory progress on the course, in such form as may be required by the employment officer;
b
in which he is taking examinations relating to the qualifying course; or
c
which falls wholly in a vacation from the qualifying course, if he is willing and able to take up immediately any casual employment.
4
In a case where the combined duration of —
a
any qualifying course, other than one falling within paragraph (6), which a person to whom paragraph (2) applies has previously undertaken in respect of which he was, for any part of such qualifying course, treated as available for employment in accordance with paragraph (3); and
b
the qualifying course which he is currently undertaking
is more than 1 year, the person shall only be treated as available for employment in accordance with paragraph (3) if he has been receiving benefit within a jobseeking period for not less than 2 years since the last day of the most recent such qualifying course in respect of which he was, for any part, treated as available in accordance with paragraph (3), and for the purposes of this paragraph the linking provision set out in regulation 48 shall apply.
5
The factors which an employment officer must take into account when determining whether a person may undertake a qualifying course are —
a
the skills, qualifications and abilities of that person;
b
whether the course would assist him to acquire new skills and qualifications;
c
whether he would have to give up a course of study in order to undertake this course;
d
any needs arising from his physical or mental condition;
e
the time which has elapsed since he was last engaged in employment as an employed earner or as a self-employed earner;
f
his work experience;
g
the number of jobs in the labour market and, if relevant, the local labour market, which require the skills and qualifications which he would acquire on the course; and
h
any evidence about whether this course or this type of course has facilitated the obtaining by persons of work.
6
A qualifying course falls within this paragraph if the person had good cause for any act or omission for the purposes of section 19(5)(b) in relation to that course.
7
In this regulation —
“benefit” means income support, unemployment benefit or a jobseeker’s allowance and “receiving benefit” means receiving benefit which that person has claimed and received as an unemployed person or in accordance with Part I of the Act;
“casual employment” means employment from which the employee can be released without his giving any notice or, if he is required to give notice, employment from which he can be released before the end of the vacation;
“duration” in relation to a qualifying course means the period beginning with the start of the course and ending with the last day of the course;
“jobseeking period” means the period described in regulation 47 and any period treated as a jobseeking period pursuant to regulation 47A;
“last day” in relation to a qualifying course means the date on which the last day of the course falls, or the date on which the final examination relating to that course is completed, whichever is the later;
“qualifying course” means a course which —
is an employment-related course;
lasts no more than 12 consecutive months; and
except where it falls within paragraph (8), is either —
a course of a description falling within Schedule 2 to the Further and Higher Education Act 1992 ; or
a programme of learning falling within section 6 of the Further and Higher Education (Scotland) Act 1992 .
8
A course or a programme of learning which is of a standard above that of a course or programme of learning falling within paragraph (c) of the definition of “qualifying course” falls within this paragraph if an employment officer so determines in a particular case.
.
Circumstances in which a person is to be treated as actively seeking employment
5
For paragraph (1)(r) of regulation 19 of the Jobseeker’s Allowance Regulations there shall be substituted the following:
r
in any week, being part of a single period not exceeding 8 weeks falling within a period of continuous entitlement to a jobseeker’s allowance, during which he is taking active steps to establish himself in self-employed earner’s employment under any scheme for assisting persons to become so employed —
i
where, in Wales, his participation under the scheme is attributable to arrangements made by the Secretary of State under section 2 of the Employment and Training Act 1973 ,
ii
where, in Scotland, the scheme —
aa
is established by virtue of arrangements made by Scottish Enterprise or Highlands and Islands Enterprise under section 2(3) of the Enterprise and New Towns (Scotland) Act 1990 or
bb
is directly or indirectly provided by, or with financial assistance from, the Secretary of State,
iii
where, in England, the scheme is directly or indirectly provided by, or with financial assistance from, the Secretary of State, the Urban Regeneration Agency, an urban development corporation or a housing action trust,
and the single period referred to above shall begin with the week in which he is accepted on a place under the scheme.
.
Further circumstances in which a person is to be treated as actively seeking employment
6
After regulation 21 of the Jobseeker’s Allowance Regulations there shall be inserted the following regulation —
Further circumstances in which a qualifying person is to be treated as actively seeking employment: full-time students participating in a qualifying course
21A
A person who is treated as available for employment in accordance with regulation 17A(3) shall be treated as actively seeking employment in any week —
a
which, in relation to the qualifying course, falls wholly or partly in term-time;
b
in which he is taking examinations relating to the qualifying course; or
c
which falls wholly in a vacation from the qualifying course, if in that week he takes such steps as he can reasonably be expected to have to take in order to have the best prospects of securing employment for which he is available under regulation 17A(3)(c).
.
Good cause for the purposes of section 19(5)(a) and (6)(c) and (d)
7
In regulation 72 of the Jobseeker’s Allowance Regulations —
a
in paragraph (2)(a) for the words “and 13” there shall be substituted the words “, 13 and 17A”;
b
after paragraph (3) there shall be inserted the following paragraphs —
3A
Without prejudice to any other circumstances in which a person may be regarded as having good cause for any act or omission for the purposes of section 19(6)(c) and (d), a person to whom regulation 17A(2) applies, in respect of whom an employment officer has determined that he may undertake a qualifying course, and who is undertaking such a course as a full-time student, is to be regarded as having good cause for any act or omission for the purposes of section 19(6)(c) and (d) where —
a
the act or omission took place within a period of 4 weeks before the end of his qualifying course or of his examinations; or
b
the employment consists of employment for which he is not required to be available in accordance with regulation 17A(3)(c) unless it is permanent full-time employment.
3B
In paragraph (3A)(b), “full-time employment” means remunerative work as defined in regulation 51(1)(a).
.
Good cause for the purposes of section 19(5)(b)
8
In regulation 73 of the Jobseeker’s Allowance Regulations —
a
after paragraph (2A) there shall be inserted the following paragraph —
2B
Without prejudice to any other circumstances in which a person may be regarded as having good cause for any act or omission for the purposes of section 19(5)(b), a person to whom regulation 17A(2) applies, in respect of whom an employment officer has determined that he may undertake a qualifying course, and who is undertaking such a course as a full-time student, is to be regarded as having good cause for any act or omission —
a
for the purposes of section 19(5)(b) where the act or omission was in relation to an employment programme and he was, or would have been, required to attend the employment programme at a time which would have prevented him from attending the qualifying course;
b
for the purposes of section 19(5)(b)(iii) and (iv) where —
i
the act or omission was in relation to a qualifying course undertaken by him and occurred less than 4 weeks after the first day of the period of study;
ii
the act or omission was in relation to a qualifying course undertaken by him and was due to his lack of ability; or
iii
the act or omission was in relation to a qualifying course undertaken by him which was not suitable for him;
; and
b
after paragraph (3) there shall be inserted the following paragraph —
4
For the purposes of paragraph (2B)(b)(iii), a qualifying course is suitable for a person if it is suitable for him in vocationally relevant respects, namely his personal capacity, aptitude, his preference, the level of qualification aimed at, duration of the course and proportion of time, if any, which the person has spent on the training in relation to the length of the course.
.
Interpretation of section 19 of the Jobseekers Act 1995 and Part V of the Jobseeker’s Allowance Regulations
9
In regulation 75(1)(b) of the Jobseeker’s Allowance Regulations —
a
in sub-paragraph (i) the word “and” at the end shall be deleted;
b
in sub-paragraph (ii) for the word “skills.” there shall be substituted the words “skills; and”; and
c
after sub-paragraph (ii) there shall be inserted the following sub-paragraph —
iii
for the purposes of section 19(5)(b)(iii) and (iv) and section 19(5)(c), in relation to a person who has been treated as available for employment to any extent under regulation 17A(3), the qualifying course in respect of which he has been so treated.
.
Amendment of the Council Tax Benefit (General) Regulations 1992 and of the Housing Benefit (General) Regulations 1987
10
In both regulation 38 of the Council Tax Benefit (General) Regulations 1992 (interpretation of Part V-students) and regulation 46 of the Housing Benefit (General) Regulations 1987 (interpretation of Part VII-students) —
a
for the definition of “last day of the course” , there shall be substituted the following definition —
“last day of the course” means —
in the case of a qualifying course, the date on which the last day of that course falls or the date on which the final examination relating to that course is completed, whichever is the later;
in any other case, the date on which the last day of the final academic term falls in respect of the course in which the student is enrolled;
;
b
after the definition of “periods of experience” there shall be inserted the following definition —
“qualifying course” means a qualifying course as defined for the purposes of Parts II and IV of the Jobseeker’s Allowance Regulations 1996;
;
c
for the definition of “student” , there shall be substituted the following definition —
“student” means a person, other than a person in receipt of a training allowance, who is —
attending a course of study at an educational establishment; or
undertaking a qualifying course,
and a person who has started on such a course shall be treated as attending, or as the case may be, undertaking it until the last day of the course or such earlier date as he abandons it or is dismissed from it;
.
Signed for the purposes of Regulation 10 on behalf of the Secretary of State for Social Security
Keith Bradley
Parliamentary Under Secretary of State,
Department of Social Security
19th May 1998
Signed for the purposes of the remainder of the Regulations on behalf of the Secretary of State for Education and Employment
Andrew Smith
Minister of State,
Department for Education and Employment
12th May 1998


text:
Commencement and citation
1
This Order may be cited as The A2 Trunk Road (Bexley) Red Route Traffic 1996 Variation Order 1998, and shall come into force on 31st July 1998.
Variations
2
The A2 Trunk Road (Bexley) Red Route Traffic Order 1996 is varied as provided by the following provisions of this Order.
3
In Schedule 3B —
After item 2 insert the following new items —
2A
North side, from a point 2.0 metres west of the eastern flank wall of No. 860 East Rochester Way, west for a distance of 17.0 metres.
2B
North side, from a point 2.0 metres east of the western flank wall of No. 858 East Rochester Way, east for a distance of 17.0 metres.
2C
North side, from a point 2.5 metres west of the common boundary of Nos. 846 and 844 East Rochester Way, west for a distance of 17.0 metres.
;
After item 3 insert the following new item —
3A
North side, from the common boundary of Nos. 808 and 806 East Rochester Way, west for a distance of 17.0 metres.
After item 4 insert the following new item —
4A
North side, from a point 4.0 metres east of the common boundary of Nos. 792 and 790 East Rochester Way, west for a distance of 17.0 metres.
After item 8 insert the following new items —
8A
South side, from a point 1.0 metre west of the common boundary of Nos. 767 and 769 East Rochester Way, east for a distance of 12.0 metres.
8B
South side, from a point 2.0 metres west of the eastern boundary of No. 799 East Rochester Way, east for a distance of 17.0 metres.
8C
South side, from the western flank wall of No. 809 East Rochester Way, east for a distance of 17.0 metres.
;
After item 9 insert the following new item —
9A
South side, from the eastern flank wall of No. 831 East Rochester Way, east for a distance of 17.0 metres.
;
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
22nd July 1998


text:
Citation and commencement
1
1
This Order may be cited as the County Borough of Conwy (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 Conwy shall be abolished and the County Borough shall be divided into 38 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:
Citation and commencement
1
This Order may be cited as the Midlothian (Electoral Arrangements) Order 1998 and shall come into force on 1st January 1999.
Interpretation
2
In the Schedule to this Order–
a
a reference to–
i
an electoral ward is a reference to that electoral ward as constituted in this Order; and
ii
a road, footpath, railway line, river, burn or canal shall, where the context so admits, be construed as a reference to the centre line of the feature concerned; and
b
the following abbreviations are used:–
“ EW ” for electoral ward;
“ NG Ref” for National Grid Reference as published on Ordnance Survey Maps.
Electoral arrangements
3
The area of Midlothian Council shall be divided into 18 wards, having the names, contents and boundaries set forth in the Schedule to this Order.
Henry B McLeish
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
25th November 1998


text:
Citation and commencement
1
This Order may be cited as the Severn Trent Water Authority (Extension of Byelaws) Order 1998 shall come into force on 25th September 1998.
Extension of byelaws
2
The byelaws made by Severn Trent Water Authority on 13th march 1987 and having effect as if made by Severn Trent Water Limited shall remain in force until 31st December 1999.
Revocation
3
The Severn Trent Water Limited (Extension of Byelaws) Order 1997 is hereby revoked.
Signed by authority of the Secretary of State
Alan Davis
A Senior Civil Servant,
Department of the Environment, Transport and the Regions
22nd September 1998
Signed by authority of the Secretary of State
George Craig
A Senior Civil Servant, Welsh Office
23rd September 1998


text:
PART I
Preliminary
Citation and commencement
1
These Regulations may be cited as the Road Traffic (Parking Adjudicators) (City of Edinburgh) Regulations 1998 and shall come into force on 5th October 1998.
Interpretation
2
1
In these Regulations–
“ the Act ” means the Road Traffic Act 1991 ;
“adjudicator” means a parking adjudicator appointed under section 73(3) of the Act;
“appeal” means an appeal under section 72 of, or paragraph 5 of Schedule 6 to, the Act;
“ FAX ” means the making of a facsimile copy of a document by the transmission of electronic signals;
“hearing” means an oral hearing;
“proper officer” means a member of the administrative staff provided under section 73(3B)(a)(i) of the Act appointed to perform the duties of the proper officer under these Regulations; and
“register” means the register of appeals and decisions kept in pursuance of these Regulations.
2
In these Regulations, in relation to an appeal or any process connected with an appeal–
“appellant” means the person making the appeal;
“disputed decision” means a decision of the parking authority against which an appeal is made under these Regulations;
“original representations” means the representations made to the parking authority under section 71 of, or paragraph 2 of Schedule 6 to the Act; and
“parking authority” has the meaning ascribed to it in section 82(1) of the Act.
3
Unless the context otherwise requires, any reference in these Regulations to–
a
a provision of the Act is a reference to that provision as applied and, where appropriate, modified by the Road Traffic (Permitted Parking Area and Special Parking Area) (City of Edinburgh) Designation Order 1998 ;
b
a numbered regulation is a reference to the regulation bearing that number in these Regulations; and
c
a numbered paragraph is a reference to the paragraph bearing that number in the regulation in which that reference appears.
PART II
Procedure relating to Appeals
Making an appeal
3
1
An appeal shall be made by a notice of appeal sent to the proper officer.
2
A notice of appeal–
a
shall state the full name and address of the appellant;
b
may specify some other address as being the address to which he wishes documents to be sent to him in connection with the appeal;
c
shall state the date and reference number of the disputed decision; and
d
may include any representations which he desires to make in addition to the original representations.
3
If the appeal is made later than the time limit mentioned in section 72(1) of, or (as the case may be) paragraph 5(1) of Schedule 6 to, the Act, the notice of appeal must include a statement of the reasons on which the appellant relies for justifying the delay, and the adjudicator shall treat any such statement of reasons as a request for extending that time limit.
4
The notice of appeal shall be signed by the appellant or his authorised representative.
Action upon receipt of notice of appeal and copy
4
1
Upon receiving a notice of appeal in accordance with regulation 3, the proper officer shall–
a
send an acknowledgement of receipt to the appellant;
b
enter particulars of the appeal in the register; and
c
send to the parking authority a copy of the notice of appeal and any direction extending the time limit for appealing.
2
Upon receiving a copy of the notice of appeal in accordance with paragraph (1)(c), the parking authority shall within 21 days send to the proper officer a copy of–
a
the original representations;
b
the relevant penalty charge notice (if any) issued under section 66(1) of the Act; and
c
the notice served under section 71(6) of, or (as the case may be) paragraph 2(7) of Schedule 6 to, the Act.
Further representations
5
1
Any party to an appeal under these Regulations may send representations to the proper officer at any time before that appeal is determined.
2
The adjudicator may invite a party to send to the proper officer representations dealing with any matter relating to an appeal within such time and in such a manner as may be specified.
3
Where a party fails to respond to an invitation under paragraph (2), the adjudicator may draw such inferences as appear to him proper.
4
Any representations sent under this regulation shall be signed by the party concerned or his authorised representative.
5
Where the appellant sends representations to the proper officer under this regulation, the proper officer shall send a copy of the representations to the parking authority.
6
Where the parking authority sends representations to the proper officer under this regulation, it shall at the same time send a copy of those representations to the appellant.
7
This regulation is without prejudice to the powers of an adjudicator under regulation 9.
Power to require attendance of witnesses
6
1
The adjudicator may require the attendance of any person (including a party to the proceedings) as a witness, at a time and place specified by him, at the hearing of an appeal and require him to answer any questions or produce any document in his custody or control which relate to any matter in the proceedings.
2
Where the adjudicator makes a requirement under paragraph (1) he shall make reference to the fact that, under section 73(14) of the Act, any person who without reasonable excuse fails to comply with this requirement shall be liable on summary conviction to a fine, and he shall state the amount of the maximum fine current at that time.
3
A person in respect of whom a requirement has been made under paragraph (1) may apply to the adjudicator to vary or set aside that requirement.
4
A person shall not be bound to comply with the requirement under paragraph (1) unless he has been given at least 7 days' notice of the hearing or, if less than 7 days, he has informed the adjudicator that he accepts such notice as he has been given.
5
A person other than an appellant shall not be bound to comply with the requirement under paragraph (1) unless the necessary expenses of his attendance are paid or tendered to him.
6
No person shall be required to give any evidence or produce any document under paragraph (1) which he could not be required to give or produce in proceedings before a court.
Disposing of an appeal without a hearing
7
1
Subject to paragraph (2), the adjudicator may dispose of an appeal without a hearing.
2
The adjudicator shall not dispose of an appeal without a hearing if either party has requested a hearing unless–
a
the party who made the request withdraws his request before notice of a hearing has been sent to the other party under regulation 8; or
b
both parties have subsequently consented to the appeal being disposed of without a hearing.
3
Unless both parties consent to the disposal taking place on an earlier date, the adjudicator shall not dispose of an appeal without a hearing until after the expiry of 28 days beginning on the day an acknowledgement is sent in accordance with regulation 4.
4
Notwithstanding anything in paragraphs (2) and (3), if both parties, having been sent a notice of the hearing of an appeal in accordance with regulation 8, fail to attend or be represented at the hearing, the adjudicator may subsequently dispose of the appeal without a hearing.
Notice of time and place of hearing
8
1
This regulation shall have effect where a hearing is to be held for the purpose of disposing of an appeal.
2
The proper officer shall fix the time and place of the hearing and, not less than 28 days (or such shorter time as the parties may agree) before the date so fixed, send to each party a notice that the hearing is to be at such time and at such place or notify them in such other manner as he thinks fit.
3
The adjudicator may alter the time and place of any hearing and the proper officer shall, not less than 7 days (or such shorter time as the parties may agree) before the date on which the hearing is then to be held, send to each party notice of the time and place of the hearing as altered or notify them in such other manner as he thinks fit.
4
This regulation applies to an adjourned hearing but, if the time and place of the adjourned hearing are announced before the adjournment, no further notice shall be required.
Procedure at a hearing
9
1
At the beginning of the hearing the adjudicator shall explain the procedure which he proposes to adopt.
2
Subject to the provisions of this regulation, the adjudicator shall conduct the hearing of an appeal in such manner as he considers most suitable to the clarification of the issues before him and generally to the just handling of the proceedings; he shall so far as appears to him appropriate seek to avoid formality in the proceedings.
3
A hearing shall be in public except where the adjudicator is satisfied that, by reason of exceptional circumstances, it is just and reasonable for the hearing, or part of the hearing, to be in private.
4
The following persons shall be entitled to attend the hearing of an appeal whether or not it is in private–
a
any adjudicator appointed under section 73(3) of the Act; or
b
a member of the Council on Tribunals or its Scottish Committee.
5
The adjudicator, with the consent of the parties, may permit any other person to attend the hearing of an appeal which is held in private.
6
Without prejudice to any other powers he may have, the adjudicator may exclude from the hearing of an appeal, or part of it, any person whose conduct has disrupted or is likely, in the opinion of the adjudicator, to disrupt the hearing.
7
At the hearing of an appeal the appellant may conduct his case himself (with the assistance of any person he wishes) or may appear and be represented by any person whether or not legally qualified.
8
If in any particular case the adjudicator is satisfied that there are good and sufficient reasons for doing so, he may refuse to permit a particular person to assist or represent the appellant at the hearing.
9
At the hearing of an appeal–
a
the parties shall be entitled to give evidence, to call witnesses, to question any witnesses and to address the adjudicator both on the evidence and generally on the subject matter of the appeal; and
b
the adjudicator may receive evidence of any fact which appears to him to be relevant notwithstanding that such evidence would be inadmissible in proceedings before a court.
10
Without prejudice to regulation 7(4), where a party who has been sent a notice of the hearing of an appeal or otherwise notified of the hearing in accordance with regulation 8, fails to attend or be represented at the hearing, the adjudicator may dispose of the appeal in his absence.
Decisions on appeals
10
1
Where an appeal is disposed of at a hearing, the decision of the adjudicator may be given orally at the end of the hearing or reserved.
2
Where an appeal has been disposed of whether at a hearing or otherwise, the decision when given shall be entered forthwith in the register with (save in the case of a decision by consent) a statement of the reasons for the decision and the proper officer shall send a copy of that entry to each party.
Review of adjudicator’s decision
11
1
The adjudicator shall have power on the application of a party, to review and revoke or vary any decision to dismiss or allow an appeal or any decision as to expenses on the grounds in each case that–
a
the decision was wrongly made as the result of an error on the part of his administrative staff;
b
a party who had failed to appear or be represented at a hearing had good and sufficient reason for his failure to appear;
c
where the decision was made after a hearing, new evidence has become available since the conclusion of the hearing the existence of which could not have been reasonably known of or foreseen;
d
where the decision was made without a hearing, new evidence has become available since the decision was made, the existence of which could not have been reasonably known of or foreseen; or
e
the interests of justice require such a review.
2
An adjudicator shall have power, on the application of a party, to review and revoke or vary any interlocutory decision.
3
An application under this regulation shall be made to the proper officer within 14 days after the date on which a copy of the entry of the decision was sent to the parties and must state in full the grounds for that application.
4
The parties shall have the opportunity to be heard on any application for review under this regulation and if, having reviewed the decision, the adjudicator directs the decision to be revoked, he shall substitute such decision as he thinks fit or order a redetermination by either the same or a different adjudicator.
5
Regulation 10 shall apply to a decision under paragraph (1) as it applies to a decision made on the disposal of an appeal.
Expenses
12
1
The adjudicator shall not normally make an order as to expenses but may, subject to paragraph (2) make such an order–
a
against a party (including an appellant who has withdrawn his appeal or the parking authority if that authority has consented to an appeal being allowed) if he is of the opinion that that party has acted frivolously or vexatiously or that that party’s conduct in making, pursuing or resisting an appeal was wholly unreasonable; or
b
against the parking authority where he considers that the disputed decision was wholly unreasonable.
2
An order shall not be made under paragraph (1) against a party unless that party has been given an opportunity of making representations against the making of the order.
3
An order under paragraph (1) shall require the party against whom it is made to pay to the other party a specified sum in respect of the expenses incurred by that other party in connection with the proceedings.
Conjoining of appeals
13
1
Where there are pending two or more appeals and at any time it appears to the adjudicator that–
a
some common question of law or fact arises in both or all the appeals; or
b
for some other reason it is desirable to make an order under this regulation,
the adjudicator may order that some or all of the appeals as may be specified in the order shall be considered together and may give such consequential directions as he may consider necessary.
2
An order shall not be made under this regulation unless all parties concerned have been given an opportunity to make representations about the making of such an order.
Miscellaneous powers of the adjudicator
14
1
The adjudicator may, if he thinks fit–
a
extend the time appointed by or under these regulations for doing any act notwithstanding that the time appointed may have expired;
b
if the appellant at anytime gives notice of the withdrawal of his appeal, dismiss the proceedings;
c
if the parking authority consents to an appeal being allowed, allow the appeal;
d
if both or all of the parties agree in writing on the terms of a decision to be made by an adjudicator, decide accordingly; or
e
adjourn a hearing.
2
The powers of the adjudicator conferred by–
a
these Regulations (other than regulation 11);
b
section 72(1)(b) of the Act; and
c
paragraph 5(1)(b) or Schedule 6 to the Act,
may be exercised on his own motion or on the application of a party.
Clerical errors
15
Clerical errors or omissions in any document recording a direction or decision of the adjudicator may be corrected by the proper officer on the direction of the adjudicator.
Sending of documents
16
1
This regulation has effect in relation to any notice or other document required or authorised by these Regulations to be sent to a party to an appeal, to the proper officer or to any other person.
2
Subject to paragraph (3), any such document shall be regarded as having been sent to the person concerned if it is–
a
delivered to him personally;
b
left at his proper address;
c
sent to him at that address by post or through a document exchange; or
d
transmitted to him by FAX or other means of electronic data transmission in accordance with paragraphs (3), (4) and (5).
3
A document may be transmitted by FAX where the person concerned has indicated in writing that he is willing to regard the document as having been duly sent to him if it is transmitted to a specified FAX number and the document is transmitted to that number.
4
In the case of the parking authority, an indication under paragraph (3) can be expressed to apply to any appeal to which it is a respondent.
5
Paragraphs (3) and (4) shall apply with the appropriate modification to a transmission of electronic data other than by FAX as it applies to a transmission by FAX.
6
Regulations 3(4) and 5(4)–
a
shall, in the case of a document transmitted by FAX be satisfied if a copy of the signature of the relevant person appears on the transmitted copy; and
b
shall not apply in relation to a document transmitted by other means of electronic data transmission.
7
Where the proper address includes a numbered box number at a document exchange, a document may be sent by leaving the document addressed to that numbered box at that document exchange or at a document exchange which transmits documents every business day to that exchange; and any document which is left at a document exchange in accordance with this paragraph shall, unless the contrary is proved, be deemed to have been delivered on the second business day following the day on which it is left.
8
For the purposes of these Regulations and of section 7 of the Interpretation Act 1978 in its application to this regulation–
a
the proper address of the appellant is the address specified in his notice of appeal pursuant to paragraph (2)(b) of regulation 3 or (if no such address is so specified) the address stated pursuant to paragraph (2)(a) of that regulation; and
b
the proper address of the parking authority in proceedings in which it is the respondent is such address as the parking authority from time to time specifies in a notice sent to the proper officer as being the proper address in all such proceedings.
9
If no address has been specified or stated, the proper address for the purposes of these Regulations and section 7 of the Interpretation Act 1978 shall be–
a
in the case of an individual, his usual or last known address; or
b
in the case of a partnership, the principal or last known place of business within the United Kingdom; or
c
in the case of an incorporated or unincorporated body, the registered or principal office of that body.
10
An appellant may at any time by notice in writing to the proper officer change his proper address for the purposes of these Regulations and section 7 of the Interpretation Act 1978.
11
A party may by notice in writing sent to the proper officer vary or revoke any indication given by him under paragraph (3).
PART III
The Register
The Register
17
1
The register shall be kept at the principal office of the adjudicator and shall be open to the inspection of any person without charge at all reasonable hours.
2
The register need not be kept in visible or legible form.
3
If the register is kept otherwise than in a legible form, the duty to allow inspection is to be treated as a duty to allow inspection of a reproduction in legible form of the entry the inspection of which is being sought.
4
A document purporting to be certified by the proper officer to be a true copy of any entry of a decision in the register shall be sufficient evidence of that entry and of the matters contained therein.
Calum MacDonald
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
8th September 1998


text:
Citation and commencement
1
This Order may be cited as the Gateshead Hospitals National Health Service Trust (Dissolution) Order 1998 and shall come into force on 1st April 1998.
Dissolution of NHS trust
2
The Gateshead Hospitals National Health Service Trust established by the Gateshead Hospitals (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
19th March 1998


text:
1
1
This Order may be cited as the A5 Trunk Road (Wall Island Improvement) Order 1998 and shall come into force on 12th February 1998.
2
In this Order all measurements of distance are measured along the route of the relevant highway.
2
The new highway (in this Order referred to as “the new trunk road”) which the Secretary of State proposes to construct along the routes 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 HA 10/PS/199, marked “The A5 Trunk Road (Wall Island Improvement) Order 1998”, signed by authority of the Secretary of State for the Environment, Transport and the Regions and deposited at the Highways Agency, Project Services, Room 12/27, St. Christopher House, Southwark Street, London SE1 0TE.
4
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by the authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the new trunk road is opened for traffic.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Derek Oddy
Divisional Director, Highways Agency
22nd January 1998


text:
Citation and commencement
1
These Regulations may be cited as the Police Pensions (Amendment) Regulations 1998 and shall come into force on 31st March 1998.
Amendment of the Police Pensions Regulations 1987
2
The Police Pensions Regulations 1987 shall be amended in accordance with the following provisions of these Regulations, and, except in regulation 5(4) below, any reference in those provisions to a numbered regulation is a reference to the regulation so numbered in the Police Pensions Regulations 1987.
Transfers to and from the National Criminal Intelligence Service or the National Crime Squad
3
1
In regulation A17 —
a
for paragraph (1) there shall be substituted the following paragraph:
1
A reference in these Regulations to retirement includes a reference —
a
to the services of a member of a police force being dispensed with under regulations for the time being in force under section 50 of the Police Act 1996 or section 26 of the Police (Scotland) Act 1967 (other than regulations relating to the maintenance of discipline);
b
to an auxiliary policeman ceasing to be called up for active service; and
c
to the termination of a tour of overseas service otherwise than by dismissal or transfer,
but does not include a reference to leaving a force —
d
on transferring from one force to another;
e
on joining the Royal Ulster Constabulary with such consent as is mentioned in paragraph (2); or
f
on joining the National Criminal Intelligence Service or the National Crime Squad,
and a reference to a continuous period of service is a reference to a period of service uninterrupted by any such retirement.
;
b
in paragraph (2), for “paragraph (1)” there shall be substituted “paragraph (1)(e)”; and
c
after paragraph (3) there shall be inserted the following paragraph:
4
For the purposes of Parts B, C and D, apart from regulations B5, B6, C4, C6, C7 and D4, a regular policeman who leaves a police force on joining the National Criminal Intelligence Service or the National Crime Squad without making a written request to the appropriate Service Authority for the pensionable service that he is entitled to reckon by reason of service as a member of a police force to be reckonable for the purposes of the pension scheme of the National Criminal Intelligence Service or the National Crime Squad, and who accordingly has preserved rights under these regulations, shall be regarded as retiring, or ceasing to be a regular policeman, when he retires from, or ceases to be a member of, the National Criminal Intelligence Service or the National Crime Squad (unless he resumes service as a regular policeman), and accordingly in Parts B, C and D, except in regulations B5, B6, C4, C6, C7 and D4 —
a
any reference to a regular policeman or a member of a police force shall be treated as including a reference to the Director General or a police member of the National Criminal Intelligence Service or the National Crime Squad with (in either case) such preserved rights;
b
any reference to a police authority shall be treated, in relation to any such person with preserved rights, as referring to the appropriate Service Authority;
c
any reference to pension contributions payable under regulation G2(1) shall be treated, in relation to any such person with preserved rights, as referring to contributions payable to the pension scheme of the National Criminal Intelligence Service or the National Crime Squad; and
d
any reference to a regular policeman who has or had made an election under regulation G4(1) which has or had effect at a specified time shall be treated as including a reference to any such person with preserved rights who is not or was not making contributions to the pension scheme of the National Criminal Intelligence Service or the National Crime Squad at the specified time.
.
2
In regulation F3(1), after the proviso to sub-paragraph (f) there shall be inserted the following sub-paragraph:
;
g
where on or after 1st April 1998 he left the National Criminal Intelligence Service or the National Crime Squad for the purpose of becoming a regular policeman in a home police force, any period of pensionable service which was reckonable by him, immediately before he so left, for the purposes of the pension scheme of the National Criminal Intelligence Service or the National Crime Squad if he makes a written request to that effect
.
3
In regulation F8A
a
in paragraph (1), after sub-paragraph (b) there shall be inserted the following:
, or
c
has left a police force and joined the National Criminal Intelligence Service or the National Crime Squad and the Service Authority for the National Criminal Intelligence Service or the Service Authority for the National Crime Squad, as the case may be, is contingently liable to make payments to or in respect of him under its pension scheme,
but in a case falling within sub-paragraph (c) it shall apply only where the regular policeman has informed the former police authority in writing that he has made a written request to the appropriate Service Authority for the pensionable service that he is entitled to reckon by reason of service as a member of a police force, including such service reckonable under regulations F3 to F7, to be reckonable for the purposes of the pension scheme of the National Criminal Intelligence Service or the National Crime Squad
;
b
in paragraphs (2) and (3), after the word “current” the word “police” shall be deleted; and
c
for paragraph (5) there shall be substituted the following paragraph:
5
In this regulation —
“the former police authority” means the police authority of the force mentioned in paragraph (1)(a), (b) or (c), as the case may be; and
“the current authority” means —
in a case falling within paragraph (1)(a), the police authority of the force of which the regular policeman is a member;
in a case falling within paragraph (1)(b), the police authority for Northern Ireland; and
in a case falling within paragraph (1)(c), the Service Authority for the National Criminal Intelligence Service or the Service Authority for the National Crime Squad, as the case may be.
.
4
After regulation J3 there shall be inserted the following regulation:
Transfers to the National Criminal Intelligence Service or the National Crime Squad: prevention of duplication of entitlement
J3A
1
No entitlement to any pension or other award under these regulations shall arise in respect of service as a member of a police force by any regular policeman who, on ceasing to serve as such, joins the National Criminal Intelligence Service or the National Crime Squad if the pensionable service that he is entitled to reckon by reason of service as a member of a police force becomes reckonable for the purposes of the pension scheme of the National Criminal Intelligence Service or the National Crime Squad.
2
Paragraph (1) does not apply in respect of any person who, at the time of the event giving rise to an entitlement to a pension or other award, has resumed service as a regular policeman.
.
5
In regulation K4(1), for the words “serving as a regular policeman in any police force” there shall be substituted the words:
serving either —
as a regular policeman in any police force; or
as the Director General or a police member of the National Criminal Intelligence Service or the National Crime Squad,
.
Fixed term appointments
4
In regulation B1(3), after sub-paragraph (b) there shall be inserted the following sub-paragraph:
ba
being such a regular policeman as is mentioned in paragraph (2)(b), he retires or retired at the end of an appointment made for a fixed term, or varied to a fixed term, in accordance with regulation 13A of the Police Regulations 1995 and either —
i
the term has been extended by the greatest amount possible under regulation 13A(6) or (7) of the Police Regulations 1995; or
ii
the police authority have not agreed to extend the appointment, or to extend it further; or
.
Minor amendments
5
1
In regulation A18(1) —
a
for sub-paragraph (a)(i) there shall be substituted the following paragraph:
i
if he is the commissioner or assistant commissioner of police for the City of London, a commander in the City of London police force, a chief constable or an assistant chief constable, on attaining the age of 65 years,
; and
b
in sub-paragraph (b)(ii) the words “deputy assistant commissioner or” shall be deleted.
2
In regulation B1(2)(b) —
a
the words “deputy chief constable,” shall be deleted; and
b
for the words “, commander, or deputy assistant commissioner in the metropolitan police force” there shall be substituted the words “or commander”.
3
In Schedule A, for the definition of “central service” there shall be substituted the following definition —
“central service” means relevant service within the meaning of section 97(1)(b) to (cc) of the Police Act 1966 or section 38A(1)(b) to (bb) of the Police (Scotland) Act 1967 ;
.
4
Regulation 13A(14) of the Police Regulations 1995 is hereby revoked.
Alun Michael
Minister of State
Home Office
2nd March 1998
We consent
Graham Allen
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
4th March 1998


text:
1
These Regulations may be cited as the Revenue Traders (Accounts and Records) (Amendment) Regulations 1998 and shall come into force on 11th February 1998.
2
After regulation 9 of the Revenue Traders (Accounts and Records) Regulations 1992 there shall be inserted the following regulations —
Interpretation of regulations 10 to 17
10
In this regulation and in regulations 11 to 17 below —
“claim” means a claim made (irrespective of when it was made) under section 137A of the Customs and Excise Management Act 1979 for repayment of an amount paid to the Commissioners by way of excise duty which was not due to them; and “claimed” and “claimant” shall be construed accordingly;
“reimbursement arrangements” means any arrangements (whether made before, on or after 30th January 1998) for the purposes of a claim which —
are made by a claimant for the purpose of securing that he is not unjustly enriched by the repayment of any amount in pursuance of the claim; and
provide for the reimbursement of persons (consumers) who have, for practical purposes, borne the whole or any part of the cost of the original payment of that amount to the Commissioners;
“relevant amount” means that part (which may be the whole) of the amount of a claim which the claimant has reimbursed or intends to reimburse to consumers.
Reimbursement arrangements — general
11
Without prejudice to regulation 17 below, for the purposes of section 137A(3) of the Customs and Excise Management Act 1979 (defence by the Commissioners that repayment by them of an amount claimed would unjustly enrich the claimant) reimbursement arrangements made by a claimant shall be disregarded except where they —
a
include the provisions described in regulation 12 below; and
b
are supported by the undertakings described in regulation 16 below.
Reimbursement arrangements — provisions to be included
12
The provisions referred to in regulation 11(a) above are that —
a
reimbursement for which the arrangements provide will be completed by no later than 90 days after the repayment to which it relates;
b
no deduction will be made from the relevant amount by way of fee or charge (howsoever expressed or effected);
c
reimbursement will be made only in cash or by cheque;
d
any part of the relevant amount that is not reimbursed by the time mentioned in paragraph (a) above will be repaid by the claimant to the Commissioners;
e
any interest paid by the Commissioners on any relevant amount repaid by them will also be treated by the claimant in the same way as the relevant amount falls to be treated under paragraphs (a) and (b) above; and
f
the records described in regulation 14 below will be kept by the claimant and produced by him to the Commissioners, or to an officer of theirs in accordance with regulation 15 below.
Repayments to the Commissioners
13
The claimant shall, without prior demand, make any repayment to the Commissioners that he is required to make by virtue of regulation 12(d) and (e) above within 14 days of the expiration of the period of 90 days referred to in regulation 12(a) above.
Records
14
The claimant shall keep records of the following matters —
a
the names and addresses of those consumers whom he has reimbursed or whom he intends to reimburse;
b
the total amount reimbursed to each such consumer;
c
the amount of interest included in each total amount reimbursed to each consumer;
d
the date that each reimbursement is made.
Production of records
15
1
Where a claimant is given notice in accordance with paragraph (2) below, he shall, in accordance with such notice produce to the Commissioners, or to an officer of theirs, the records that he is required to keep pursuant to regulation 14 above.
2
A notice given for the purposes of paragraph (1) above shall —
a
be in writing;
b
state the place and time at which, and the date on which the records are to be produced; and
c
be signed and dated by the Commissioners, or by an officer of theirs,
and may be given before or after, or both before and after the Commissioners have paid the relevant amount to the claimant.
Undertakings
16
1
Without prejudice to regulation 17(b) below, the undertakings referred to in regulation 11(b) above shall be given to the Commissioners by the claimant no later than the time at which he makes the claim for which the reimbursement arrangements have been made.
2
The undertakings shall be in writing, shall be signed and dated by the claimant, and shall be to the effect that —
a
at the date of the undertakings he is able to identify the names and addresses of those consumers whom he has reimbursed or whom he intends to reimburse;
b
he will apply the whole of the relevant amount repaid to him, without any deduction by way of fee or charge or otherwise, to the reimbursement in cash or by cheque, of such consumers by no later than 90 days after his receipt of that amount (except insofar as he has already so reimbursed them);
c
he will apply any interest paid to him on the relevant amount repaid to him wholly to the reimbursement of such consumers by no later than 90 days after his receipt of that interest;
d
he will repay to the Commissioners without demand the whole or such part of the relevant amount repaid to him or of any interest paid to him as he fails to apply in accordance with the undertakings mentioned in sub-paragraphs (b) and (c) above;
e
he will keep the records described in regulation 14 above; and
f
he will comply with any notice given to him in accordance with regulation 15 above concerning the production of such records.
Reimbursement arrangements made before 11th February 1998
17
Reimbursement arrangements made by a claimant before 11th February 1998 shall not be disregarded for the purposes of section 137A(3) of the Customs and Excise Management Act 1979 if, not later than 11th March 1998 —
a
he includes in those arrangements (if they are not already included) the provisions described in regulation 12 above; and
b
gives the undertakings described in regulation 16 above.
.
Martin Brown
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
20th January 1998


text:
Citation, interpretation and commencement
1
1
This Order may be cited as the Food (Cheese) (Emergency Control) (Amendment No. 2) Order 1998 and shall come into force on 11th July 1998.
2
In this Order “the principal Order ” means the Food (Cheese) (Emergency Control) Order 1998.
Amendment of article 2 of the principal Order
2
1
Article 2 of the principal Order shall be amended as provided in paragraph (2) below.
2
Article 2 of the principal Order shall become Article 2(1) and there shall be added after that paragraph the following paragraph —
2
The prohibition in paragraph (1) shall not apply to cheese which is manufactured on or after 11th July 1998.
.
Signed by authority of the Secretary of State for Health
Tessa Jowell
Minister for Public Health,
Department of Health
10th July 1998


text:
1
This Order may be cited as the A1089 and the A126 Trunk Roads (Tilbury) (Detrunking) Order 1998 and shall come into force on 5th June 1998.
2
In this Order —
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the trunk roads” mean the A1089 and the A126 Trunk Roads respectively
3
The lengths of the trunk roads described in the Schedule to this Order shall cease to be trunk roads and shall be classified as classified roads from the date when this Order comes into force.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
J Boud
Divisional Director Highways Agency
7th May 1998


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


text:
Citation, commencement, transition and revocation
1
1
This Order may be cited as the Education (Modification of Enactments Relating to Employment) Order 1998 and shall come into force on 2nd March 1998.
2
The references to the Disability Discrimination Act 1995 in Article 3(2)(b) and in the Schedule hereto shall not apply in respect of any act or omission occurring before the coming into force of this Order.
3
The Education (Modification of Enactments Relating to Employment) Order 1989 is hereby revoked.
Interpretation
2
In this Order —
1
“ the Act ” means the Education Act 1996;
“governing body” means the governing body for the time being of a school which is maintained by a local education authority and references to the local education authority are references to the local education authority by which the school is maintained; and
“school” has the meaning assigned to it by section 4 of the Act;
2
references to employment powers are references to the powers as to appointment, suspension, discipline and dismissal of staff conferred by or under sections 136, 137(6) and 139 of, and Schedule 14 and paragraph 19 of Schedule 19 to, the Act; and
3
references to governing bodies with delegated budgets are references to governing bodies to whom powers as to the expenditure of the budget share of the school for which they are responsible are for the time being delegated by virtue of section 116 of the Act, or to whom powers in relation to the budget shares of new schools are for the time being delegated by section 126 thereof and Schedule 12 thereto, as the case may be.
General modifications of employment enactments
3
1
In their application to governing bodies with delegated budgets, the enactments set out in the Schedule hereto shall have effect as if —
a
any reference (however expressed) to an employer, a person by whom employment is offered, or a principal included a reference to the governing body acting in the exercise of their employment powers and as if that governing body had at all material times been such an employer, person or principal;
b
in relation to the exercise of the governing body’s employment powers, employment by the local education authority at a school were employment by the governing body of that school;
c
references to employees were references to employees at the school in question;
d
references to dismissal by an employer included references to dismissal by the local education authority following notification of a determination by a governing body under paragraph 23(1) of Schedule 14 to the Act; and
e
references to trade unions recognised by an employer were references to trade unions recognised by the local education authority or the governing body.
2
Nothing in paragraph (1) shall be taken as causing —
a
the governing body to meet the condition stated in section 96(2)(a) of the Employment Rights Act 1996 ; or
b
the exemption in respect of an employer with fewer employees than is specified in section 7(1) of the Disability Discrimination Act 1995 to apply,
if it would not have done so but for the operation of that paragraph.
Dismissals
4
Without prejudice to the generality of article 3, where an employee employed at a school with a governing body with a delegated budget is dismissed by the local education authority following notification of such a determination as is mentioned in article 3(1)(d) above:
a
section 92 of the Employment Rights Act 1996 shall have effect as if the governing body had dismissed him and as if references to the employer’s reasons for dismissing the employee were references to the reasons for which the governing body made their determination; and
b
Part X of the Employment Rights Act 1996 shall have effect in relation to the dismissal as if the governing body had dismissed him, and the reason or principal reason for which the governing body did so had been the reason or principal reason for which they made their determination.
Trade disputes
5
A dispute between staff employed to work at a school which has a governing body with a delegated budget and that governing body, which relates wholly or mainly to one or more of the matters set out in section 244(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 shall be a trade dispute within the meaning of that Act but, in any case where there is a trade dispute only by virtue of the operation of this article, nothing in section 219 of that Act shall prevent an act from being actionable in tort where the inducement, interference or threat mentioned in that section relates to a contract the performance of which does not affect directly or indirectly the school over which the governing body in question exercises its functions.
Applications to Industrial Tribunals
6
1
Without prejudice to anything in articles 3 and 4 and notwithstanding any provision in the Industrial Tribunals Act 1996 or in any regulations made under section 1(1) of that Act, this article applies in respect of any application to an industrial tribunal, and any proceedings pursuant to such an application, in relation to which by virtue of article 3 or 4 the governing body is to be treated as if it were an employer, person by whom employment is offered, or a principal.
2
The application shall be made, and the proceedings shall be carried on, against that governing body.
3
Notwithstanding paragraph (2), any decision, declaration, order, recommendation or award made in the course of such proceedings except in so far as it requires reinstatement or re-engagement shall have effect as if made against the local education authority.
4
Where any application is made against a governing body pursuant to paragraph (2) —
a
the governing body shall notify the local education authority within 14 days of receiving notification thereof; and
b
the local education authority shall, on written application to the industrial tribunal, be entitled to be made an additional party to the proceedings and to take part in the proceedings accordingly.


text:
Citation, commencement and extent
1
1
This Order may be cited as the Construction Contracts (England and Wales) Exclusion Order 1998 and shall come into force at the end of the period of 8 weeks beginning with the day on which it is made (“the commencement date”).
2
This Order shall extend to England and Wales only.
Interpretation
2
In this Order, “Part II” means Part II of the Housing Grants, Construction and Regeneration Act 1996.
Agreements under statute
3
A construction contract is excluded from the operation of Part II if it is —
a
an agreement under section 38 (power of highway authorities to adopt by agreement) or section 278 (agreements as to execution of works) of the Highways Act 1980 ;
b
an agreement under section 106 (planning obligations), 106A (modification or discharge of planning obligations) or 299A (Crown planning obligations) of the Town and Country Planning Act 1990 ;
c
an agreement under section 104 of the Water Industry Act 1991 (agreements to adopt sewer, drain or sewage disposal works); or
d
an externally financed development agreement within the meaning of section 1 of the National Health Service (Private Finance) Act 1997 (powers of NHS Trusts to enter into agreements).
Private finance initiative
4
1
A construction contract is excluded from the operation of Part II if it is a contract entered into under the private finance initiative, within the meaning given below.
2
A contract is entered into under the private finance initiative if all the following conditions are fulfilled —
a
it contains a statement that it is entered into under that initiative or, as the case may be, under a project applying similar principles;
b
the consideration due under the contract is determined at least in part by reference to one or more of the following —
i
the standards attained in the performance of a service, the provision of which is the principal purpose or one of the principal purposes for which the building or structure is constructed;
ii
the extent, rate or intensity of use of all or any part of the building or structure in question; or
iii
the right to operate any facility in connection with the building or structure in question; and
c
one of the parties to the contract is —
i
a Minister of the Crown;
ii
a department in respect of which appropriation accounts are required to be prepared under the Exchequer and Audit Departments Act 1866 ;
iii
any other authority or body whose accounts are required to be examined and certified by or are open to the inspection of the Comptroller and Auditor General by virtue of an agreement entered into before the commencement date or by virtue of any enactment;
iv
any authority or body listed in Schedule 4 to the National Audit Act 1983 (nationalised industries and other public authorities);
v
a body whose accounts are subject to audit by auditors appointed by the Audit Commission;
vi
the governing body or trustees of a voluntary school within the meaning of section 31 of the Education Act 1996 (county schools and voluntary schools), or
vii
a company wholly owned by any of the bodies described in paragraphs (i) to (v).
Finance agreements
5
1
A construction contract is excluded from the operation of Part II if it is a finance agreement, within the meaning given below.
2
A contract is a finance agreement if it is any one of the following —
a
any contract of insurance;
b
any contract under which the principal obligations include the formation or dissolution of a company, unincorporated association or partnership;
c
any contract under which the principal obligations include the creation or transfer of securities or any right or interest in securities;
d
any contract under which the principal obligations include the lending of money;
e
any contract under which the principal obligations include an undertaking by a person to be responsible as surety for the debt or default of another person, including a fidelity bond, advance payment bond, retention bond or performance bond.
Development agreements
6
1
A construction contract is excluded from the operation of Part II if it is a development agreement, within the meaning given below.
2
A contract is a development agreement if it includes provision for the grant or disposal of a relevant interest in the land on which take place the principal construction operations to which the contract relates.
3
In paragraph (2) above, a relevant interest in land means —
a
a freehold; or
b
a leasehold for a period which is to expire no earlier than 12 months after the completion of the construction operations under the contract.
Signed by authority of the Secretary of State
Nick Raynsford
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
6th March 1998


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment) 1998 and shall come into force on 1st December 1998.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of General Regulations
2
1
Schedule 1 (general regulations) to the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment and Further Provisions) 1993 shall be amended in accordance with the following sub-paragraphs.
2
In paragraph 5(b), for the words “not later than seven days” substitute “on or”.
3
In paragraph 6, the words from “without” to “investigations” shall be omitted.
4
In paragraph 11, the second sentence shall be omitted.
5
In paragraph 14 —
a
for sub-paragraph (a) substitute “(a) necessary outlays, including fees for witnesses, are allowable in addition to the fees allowable under that Chapter; ”; and
b
in sub-paragraph (d), for the words “revising and adjusting it” substitute “perusing it (whether or not in the course of doing so he revises or adjusts it) ”.
6
In the Table of Fees, in the provisions mentioned in column 1 of the Schedule to this Act of Sederunt, for the amounts respectively specified in column 2 of that Schedule substitute the amounts so specified in column 3.
7
In Part I of Chapter I —
a
in paragraph l(c), the words “and posts” shall be omitted;
b
in paragraph 2(b) —
i
the words “up to £75 ”; and
ii
the second sentence,
shall be omitted;
c
in paragraph 3(b)(ii), the words–
i
“posts and incidents”; and
ii
“and posts”,
shall be omitted.
8
In Part II of Chapter I, in paragraph 4, for the words from “outlays up” to the end substitute “necessary outlays; and taxation shall be unnecessary”.
9
In Part I of Chapter II —
a
in paragraph 5, for the words “revising and adjusting it” substitute “perusing it (whether or not in the course of doing so he revises or adjusts it)”;
b
in paragraph 6(b), the words “to include all copies required” shall be omitted; and
c
for paragraph 17 (and the note to that paragraph) substitute
Copying —
17
For the copying of papers by whatever means, if the Auditor determines (either or both) that–
a
the copying had to be done in circumstances which were in some way exceptional;
b
the ‘papers which required to be copied were unusually numerous having regard to the nature of the case,
such charge, if any, as the Auditor considers reasonable (but a charge based on time expended by any person shall not be allowed).
Notes
1
Where a determination is required under this paragraph, the purpose of copying, the number of copies made and the charge claimed shall be shown in the account.
2
Copying done other than in the place of business of the solicitor shall be shown as an outlay
.
10
In Part 2 of Chapter II–
a
at the beginning insert the following paragraph —
1A
Work before action commences – To cover all work which the Auditor is satisfied has reasonably been undertaken in contemplation of, or preparatory to, the commencement of proceedings £250.00;
or such lesser sum as in the opinion of the Auditor is justified.
;
b
in paragraph 1, the word “ fee ” in the heading shall be omitted and in sub paragraph (a), after the word “Chapter)”, insert “from commencement”;
c
in paragraph 2, for the words “revising and adjusting it” substitute “perusing it (whether or not in the course of doing so he revises or adjusts it)”;
d
in paragraph 4, the word “ fee ” in the heading shall be omitted;
e
in paragraph 10(b), the words “to include all copies required” shall be omitted; and
f
for paragraph 22 (and the note to that paragraph) substitute, appropriately numbered, the same paragraph and notes as are substituted for paragraph 17 of Part I of Chapter II by sub-paragraph (9)(c) above.
11
For paragraph 6 of Chapter III (and the note to that paragraph) substitute, appropriately numbered, the same paragraph and notes as are substituted for paragraph 17 of Part I of Chapter II by sub-paragraph (9)(c) above.
12
In Part I of Chapter IV , in paragraph 1, the words “and including posts and sundries” shall be omitted.
13
Chapters V and VI shall be omitted.
Saving
3
Paragraph 2 of this Act of Sederunt does not affect the provisions of Schedule 1 in their application to work done, or outlays incurred, before 1st December 1998.
Rodger of Earlsferry
Lord President I.P.D.
Edinburgh
28th October 1998