text:
1
The new highways which the Secretary of State proposes to construct —
a
along the routes described in Schedule 1 to this Order (the highways along these routes being in this Order referred to as “the main new trunk road”); and
b
along the routes described in Schedule 2 to this Order which connect the main new trunk road with other highways at the places stated in that schedule (the highways along these routes being in this Order referred to as “the slip roads”),
shall become trunk roads as from the date when this Order comes into force.
2
The centre lines of the new trunk roads are indicated by heavy black lines on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question, until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
The lengths of trunk road described in Schedule 3 to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk road and shall be classified as shown in that Schedule as from the date on which the Secretary of State notifies the Isle of Anglesey County Council that the new trunk roads are open for through traffic.
5
The Secretary of State is authorised to construct the bridge specified in Schedule 4 to this Order as part of the main new trunk road over the navigable watercourse specified in that Schedule.
6
In this Order: —
1
All measurements of distance are measured along the route of the relevant highway;
2
i
“classified road”
as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan”
means the plan numbered HA 10/2 WO 122 marked “The Chester to Holyhead Trunk Road (A55) (Bryngwran to Holyhead) Order 1998” signed by authority of the Secretary of State for Wales and deposited at the Welsh Office, Repository, Curran Embankment, Cardiff;
iii
“the main new trunk road” and “the slip roads”
have the meanings given in article 1 of this Order;
iv
“the new trunk roads”
means the highways mentioned in Article 1 of this Order and “a new trunk road” means one of those highways;
v
“the trunk road”
means the London to Holyhead Trunk Road (A5).
7
This Order shall come into force on 22nd January 1998 and may be cited as the Chester to Holyhead Trunk Road (A55) (Bryngwran to Holyhead) Order 1998.
Signed by authority of the Secretary of State for Wales
D M Timlin
Head of Roads Administration Division
Welsh Office
8th January 1998


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Hovercraft (Convention on Limitation of Liability for Maritime Claims (Amendment)) Order 1998 and shall come into force on the date, to be notified in the London, Edinburgh and Belfast Gazettes, on which the Protocol of 1996 to amend the Convention on Limitation of Liability for Maritime Claims 1976 enters into force in respect of the United Kingdom.
2
The Hovercraft (Civil Liability) Order 1986 shall be amended so that in paragraph (8) of Part B of Schedule 3, and in Part (3)B of Schedule 4, in respect of Article 6 there shall be substituted:
THE LIMITS
1
The limits of liability for claims arising on any distinct occasion shall be calculated as follows:
a
in respect of claims for loss of life or personal injury:
i
£852,085 for a hovercraft with a maximum operational weight not exceeding 8,000 kg.;
ii
£1,659,605 for a hovercraft with a maximum operational weight in excess of 8,000 kg., but not exceeding 13,000 kg., and
iii
for a hovercraft with a maximum operational weight in excess thereof, an amount in addition to that mentioned in (ii) which equals £25.55 for each additional kg.,
b
in respect of any other claims:
i
£357,360 for a hovercraft with a maximum operational weight not exceeding 8,000 kg.;
ii
£698,270 for a hovercraft with a maximum operational weight in excess of 8,001 kg. but not exceeding 13,000 kg.; and
iii
for a hovercraft with a maximum operational weight in excess thereof, an amount in addition to that mentioned in (ii) which equals £10.75 for each additional kg.
2
Where the amount calculated in accordance with paragraph 1(a) is insufficient to pay the claims mentioned therein in full, the amount calculated in accordance with paragraph 1(b) shall be available for payment of the unpaid balance of claims under paragraph 1(a) and such unpaid balance shall rank rateably with claims mentioned under paragraph 1(b).
.
N. H. Nicholls
Clerk of the Privy Council


text:
1
This Order may be cited as the Education (Start of Compulsory School Age) Order 1998 and shall come into force on 1st August 1998.
2
For the purposes of section 8(2) of the Education Act 1996 —
a
31st August and 31st December shall be prescribed days for 1998 and successive years; and
b
31st March shall be a prescribed day for 1999 and successive years.
Estelle Morris
Parliamentary Under Secretary of State,
Department for Education and Employment
24th June 1998
Peter Hain
Parliamentary Under Secretary of State at the Welsh Office
1st July 1998


text:
Citation and commencement
1
These Regulations may be cited as the Council Tax (Administration and Enforcement) (Amendment) Regulations 1998 and shall come into force —
a
for all purposes other than those of regulations 4 to 6, on 1st April 1998, and
b
for the purposes of regulations 4 to 6, on 1st October 1998.
Amendment of principal regulations
2
The Council Tax (Administration and Enforcement) Regulations 1992 are amended as provided below.
Liability orders: issue of summons
3
After regulation 35(2) (liability orders: further provision) there is inserted —
2A
No liability order shall be made in pursuance of a summons issued under regulation 34(2) unless 14 days have elapsed since the day on which the summons was served.
Attachment of earnings: multiple orders
4
1
In regulation 37(1) (making of attachment of earnings order) , for “the authority which applied for the order may” there is substituted “the authority which applied for the order may, subject to paragraph (4),”.
2
At the end of that regulation there is added —
4
No order may be made under this regulation by an authority if the effect would be that the number of orders for the time being in force made by that authority in relation to the debtor in question exceeded two.
3
In regulation 42(1) (priority as between orders) for “two or more orders” there is substituted “more than one order”.
Attachment of earnings: amount of deduction
5
1
For Schedule 4 there is substituted the Schedule to these Regulations.
2
This regulation does not apply in relation to an attachment of earnings order made before 1st October 1998.
Certification of bailiffs
6
After regulation 45(6) there is inserted —
6A
No distress under this regulation may be made other than by a person who is authorised to act as a bailiff by a general certificate granted under section 7 of the Law of Distress Amendment Act 1888.
Information preliminary to distress
7
1
In regulation 45(1) (distress) , for the words from “the authority” to “may” there is substituted “the authority which applied for the order may, subject to regulation 45A,”.
2
After regulation 45 there is inserted —
Information preliminary to distress
45A
1
No distress shall be made under these regulations unless, no less than 14 days before a visit in connection with the distress is first made to the premises where it is to be levied, the authority have sent to the debtor written notice of the matters specified in paragraph (2) below.
2
The matters are —
a
the fact that a liability order has been made against the debtor;
b
the amount in respect of which the liability order was made and, where this is a different amount, the amount which remains outstanding;
c
a warning that unless the amount specified has been paid before the expiry of 14 days beginning on the date of the sending of the notice, distress may be levied;
d
notice that if distress is levied further costs will be incurred by the debtor;
e
the fees prescribed in Schedule 5 to these Regulations;
f
the address and telephone number at which the debtor can communicate with the authority.
Charges connected with distress
8
1
Schedule 5 is amended as follows.
2
In column (2) of the Table to paragraph 1 —
a
in relation to head A (visit where no levy is made), for “£15.00” there is substituted “£20.00”, and for “£12.50” there is substituted “15.00”;
b
in relation to head E (possession of goods), for “£10 per day” there is substituted “£12.50 per day”, and in relation to for “10 pence per day” there is substituted “£10.00”; and
c
in relation to head H (prior payment etc. ), for “Reasonable costs” to the end of the Table there is substituted —
Either —
i
£20, or
ii
the actual costs incurred, to a maximum of 5 per cent. of the amount in respect of which the liability order was made,
whichever is the greater.
3
In paragraph 2(1) (amounts in respect of levy), for “£15” in paragraph (a) there is substituted “£20”, and in paragraph (b) for “15 per cent.” there is substituted “20 per cent.”.
4
After paragraph 2 there is inserted —
2A
No charge shall be payable under head F of the Table to paragraph 1 in respect of the appraisement of an item unless the debtor has been advised of the charge, and the manner of its calculation, before the appraisement is made.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
11th February 1998
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
11th February 1998


text:
Citation and commencement
1
1
This Order may be cited as the County of Powys (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 of Powys shall be abolished and the County shall be divided into 73 electoral divisions which shall bear the names set out in column (1) of the Schedule to this Order, and each such electoral division shall comprise the area specified opposite thereto in column (2) of that Schedule.
2
The number of councillors to be returned for each such electoral division shall be the number specified opposite thereto in column (3) of the Schedule to this Order.
Register of local government electors
3
The registration officer shall make such re-arrangement or adaptation of the register of local government electors as may be necessary on account of the coming into force of this Order.
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
23rd November 1998


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


text:
1
This Order may be cited as the Special Immigration Appeals Commission Act 1997 (Commencement No. 2) Order 1998.
2
The provisions of the Special Immigration Appeals Commission Act 1997 not already in force shall come into force on 3rd August 1998.
Mike O'Brien
Parliamentary Under-Secretary of State
Home Office
31st July 1998


text:
Citation and commencement
1
These regulations may be cited as the Motor Cars (Driving Instruction) (Amendment) Regulations 1998 and shall come into force on 6th October 1998.
Amendment of the Motor Cars (Driving Instruction) Regulations 1989
2
The Motor Cars (Driving Instruction) Regulations 1989 shall be amended in accordance with regulations 3 to 15 below.
3
In regulation 2(1) —
a
after the definition of “the Act”, there shall be inserted —
“approved driving instructor” means a person whose name is entered in the register, and
b
in the definition of “continued ability and fitness test”, for “nature of which” there shall be substituted “nature and content of which”.
4
In regulation 3(4) paragraphs (b)(i) and (ii) and (d)(i) and (ii) shall be omitted.
5
In regulation 4 —
a
for paragraph (f) there shall be substituted —
f
the book “The Driving Test” issued by the Department of the Environment, Transport and the Regions and published by the Stationery Office;
;
b
for paragraph (g) there shall be substituted —
g
the explanation and interpretation of —
i
reasons for the failure of the theory test or the practical test appended to a statement of failure to pass that test prescribed by regulation 44(2) or, as the case may be, regulation 45(1) of the Motor Vehicles (Driving Licences) Regulations 1996” , and
ii
weaknesses in the understanding of driving theory or in driving technique which are apparent from the documentation appended to a theory test or practical test pass certificate issued under either of those regulations;
;
c
for paragraph (j), there shall be substituted —
j
the book “The Driving Manual”, issued by the Department of the Environment, Transport and the Regions and published by the Stationery Office.
.
6
In regulation 7 —
a
in paragraph (4) and paragraph (5), for “referred to in regulation 9(1)(b) of the Motor Vehicles (Driving Licences) Regulations 1987”, in each place where the words occur, there shall be substituted “prescribed by regulation 15(1)(b) of the Motor Vehicles (Driving Licences) Regulations 1996”, and
b
in paragraph (5)(a) after “in relation to” there shall be inserted “the”.
7
In regulation 8, for paragraphs (2) to (5) there shall be substituted —
2
The test shall, at the discretion of the examiner, consist of either —
a
a test in which the person undergoing the test (“the candidate”) is required to demonstrate his knowledge and ability by giving practical driving instruction to an examiner as if the examiner were —
i
a novice or partly-trained pupil,
ii
a pupil who is at about driving test standard, or
iii
a full driving licence holder with at least a year’s experience since passing the driving test, or
b
a test in the form described in paragraph (4) below.
3
Where the examiner elects to conduct the test by the method described in paragraph (2)(a) above he may at his discretion choose which one or more of the roles described therein he will play but he shall not choose the role referred to in paragraph (2)(a)(iii) unless he is satisfied that it is reasonable to do so having regard to the nature of the driving instruction given or likely to be given by the candidate in the normal course of his business.
4
The form of test referred to in paragraph (2)(b) above is a test —
a
carried out on a road in a motor car in which the examiner is present, and
b
the candidate is giving instruction to a pupil,
for the purpose of enabling the examiner to make an assessment of the candidate’s instructional ability with particular regard to the qualities specified in paragraph (5) below.
5
The qualities referred to in paragraph (4) above are —
a
his method, clarity, adequacy and correctness of instruction,
b
his observation and proper correction of the pupil’s errors,
c
his manner, patience and tact in dealing with the pupil, and
d
his ability to inspire confidence.
6
Where the examiner elects to conduct the test by the method described in paragraph (2)(a) above the candidate shall provide at his own expense a motor car in respect of which the conditions specified in paragraphs (2) to (5) of regulation 7 above are satisfied save that where the test is conducted in accordance with paragraph (2)(a)(iii) above the requirement contained in regulation 7(5) to display prescribed distinguishing marks shall be disregarded.
7
Where the examiner elects to conduct the test by the method described in paragraph (4) above, the candidate shall, without cost to the Secretary of State, provide or procure the provision of a motor car which is suitable for the conduct of such a test.
.
8
1
Regulation 9(2) shall be amended as follows.
2
Sub-paragraphs (b)(i) and (ii) and (d)(ii) shall be omitted.
3
In sub-paragraph (c), for “made” there shall be substituted “makes”.
4
After paragraph (d), there shall be inserted —
e
except in the case of an application for a substitute licence, that he has received within the period of 12 months ending on the date of his application for a licence not less than 40 hours' training in the giving of practical driving instruction from an approved driving instructor, including training in all the matters specified in Part I of Schedule 1 to these Regulations;
f
in the case of an application to which sub-paragraph (e) above applies, that he delivers with his application evidence, in the form specified in Part II of Schedule 1 to these Regulations, that he has received the training specified in that sub-paragraph;
g
that he submits with his application for a licence —
i
the name, address and registration number of the approved driving instructor who has consented to take responsibility either for his supervision in accordance with regulation 11(2) below or, as the case may be, the provision of supplementary training in accordance with regulation 11(3) to (5) (and the counter-signature of the application by that approved driving instructor shall be taken as sufficient evidence of such consent), and
ii
the address from which he will be providing paid driving instruction if different from the address of the approved driving instructor referred to in paragraph (i) above;
h
that the Registrar is satisified that the approved driving instructor referred to in sub-paragraph (g)(i) above is fit and able to undertake responsibility for the supervision or, as the case may be, the training of that person in accordance with regulation 11 below (and in determining whether or not he is able to undertake that responsibility the Registrar shall have regard to the number of licence holders in respect of whom he has already consented to undertake similar responsibility).
.
5
After paragrah (3) there shall be inserted —
4
In this Part of these Regulations, “substitute licence” means a licence granted pursuant to an application made in accordance with section 129(6) of the Act (so as to come into effect immediately upon the expiry of a previous licence).
.
9
Regulation 9A is hereby revoked.
10
For regulation 11 there shall be substituted —
11
1
A licence is granted subject to such of the conditions specified in paragraphs (2) to (5) below as apply to it.
2
Unless it is a licence to which the conditions specified in paragraph (3) below apply, a licence which is not a substitute licence is subject to the following conditions, namely that the licence holder must —
a
for one-fifth of the total time he spends giving paid instruction in the driving of a motor car, receive direct supervision from an approved driving instructor present with him in the car;
b
maintain, for each working day while the licence is in force, a record in the form specified in Schedule 2 to these Regulations of the time he spends giving such instruction;
c
sign the record at the end of every working day and, if he has received supervision from an approved driving instructor on any day, procure that the instructor also signs it;
d
produce on request, for examination by a person authorised by the Registrar in that behalf, all the records maintained under sub-paragraph (b) above during the period ending on the day before the date of the request and further, if required to do so, deliver those records to such a person for retention by him;
e
not later than 7 days after the expiry of the licence, deliver to a person authorised by the Registrar in that behalf all the records maintained under sub-paragraph (b) above during the period when the licence was in force, other than such records as have been delivered under sub-paragraph (d) above and not returned to him.
3
If a person elects in writing at the date of his application for a licence to undertake supplementary training the conditions specified in paragraph (2) above shall not apply to the licence which shall instead be subject to the following conditions, namely that the licence holder must —
a
undertake during the period expiring on the first relevant date not less than 20 hours supplementary training;
b
not later than the day immediately following the first relevant date deliver to a person authorised by the Registrar in that behalf evidence, in the form specified in Part II of Schedule 1 to these Regulations, that he has received that supplementary training;
c
if he has not passed the instructional ability and fitness test on the first occasion on which he took that test, or (if earlier) by the expiration of a period of three months beginning on the date when the licence was granted —
i
undertake during the period expiring on the second relevant date not less than 5 hours further supplementary training, and
ii
not later than the day immediately following the second relevant date deliver to a person authorised by the Registrar in that behalf evidence, in the form specified in Part II of Schedule 1 to these Regulations, that he has received that further supplementary training.
4
A substitute licence coming into force immediately upon the expiry of a previous licence which, by virtue of an election made the holder upon his application for it, was subject to the conditions specified in paragraph (3) above is subject to the following conditions, namely that the licence holder must —
a
undertake during the period expiring on the third relevant date not less than 5 hours further supplementary training, and
b
not later than the day immediately following the third relevant date deliver to a person authorised by the Registrar in that behalf evidence, in the form specified in Part II of Schedule 1 to these Regulations, that he has received that further supplementary training.
5
Every licence is subject to the condition that, in the event of the licence holder arranging to have the supervision or supplementary training referred to above, or any part thereof, undertaken by a different approved driving instructor from the person named in his application, he must submit to the Registrar full details of any consequential changes to the particulars submitted under regulation 9(2)(g) above resulting from the new arrangement together with the consent (in any form permitted under regulation 9(2)(g)) of the new approved driving instructor to that arrangement.
6
In this regulation —
“first relevant date” means —
the last day of the period of 3 months beginning on the date when the licence is granted, or
the day on which the licence holder first applies to take the instructional ability and fitness test,
whichever first occurs;
“second relevant date” means —
the last day of the period of 3 months beginning —
on the first relevant date if that date is the expiration of the period of 3 months referred to above, or
in any other case, on the day on which the licence holder first failed the instructional ability and fitness test, or
the first day after the first relevant date on which he applies to take the instructional ability and fitness test;
whichever first occurs;
“supplementary training” means training in the giving of practical driving instruction, including training in all the matters specified in Part I of Schedule 1 to these Regulations, given by an approved driving instructor of which at least one quarter is training in a motor car where the licence holder and instructor, if accompanied at all, are accompanied by no more than one other licence holder who is receiving training at the same time;
“third relevant date” means —
the last day of the period of 3 months beginning on the date when the licence is granted, or
the first day after the date on which the licence is granted on which he applies to take the instructional ability and fitness test,
whichever first occurs;
“working day” means any day during which the licence holder gives paid instruction in the driving of a motor car.
.
11
In regulation 12, for “Schedule 2”, in each place where the words occur, there shall be substituted “Schedule 3”.
12
1
Regulation 14 shall be amended as follows.
2
In paragraph (1), for “Department of Transport Approved Driving Instructor” there shall be substituted “Driving Standards Agency Approved Driving Instructor (Car)”.
3
In paragraphs (2) and (3), for “Schedule 3”, in each place where the words occur, there shall be substituted “Schedule 4”.
13
In regulation 15, for “Schedule 4” there shall be substituted “Schedule 5”.
14
In regulation 16(2), for “Schedule 3”, in each place where the words occur, there shall be substituted “Schedule 4”.
15
For Schedules 1, 2, 3 and 4 there shall be substituted the provisions set out in the Schedule to these Regulations.
Transitional provisions
16
1
Subject to paragraph (2) below, regulations 8, 10, 11, 12(3) and 13 to 15 above shall apply in respect of licences granted and certificates of registration and badges issued on or after 6th October 1998.
2
Notwithstanding the foregoing provisions of these Regulations —
a
a licence (“the first licence”) granted or issued on or before 5th October 1998, and
b
a substitute licence granted pursuant to an application made in accordance with section 129(6) of the Act and coming into effect immediately upon the expiry of the first licence,
shall be subject to the conditions imposed by the enactments in force on the date on which the first licence was granted.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Larry Whitty
Parliamentary Under Secretary of State,Department of the Environment, Transport and the Regions
14th September 1998


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


text:
Title and commencement
1
These Regulations may be cited as the Feeding Stuffs (Amendment) Regulations 1998 and shall come into force on 13th February 1998.
Amendment of the Feeding Stuffs Regulations 1995
2
The Feeding Stuffs Regulations 1995 shall be amended in accordance with regulations 3 to 8 below.
3
In regulation 2(1) (interpretation) —
a
after the definition of “ingredient” there shall be inserted the following definition —
“mammalian meat and bone meal” has the meaning given to it by article 4(1) of the Bovine Spongiform Encephalopathy ( No. 2) Order 1996;
; and
b
in the definition of “protein”, after the word ““protein”” there shall be inserted the words “, subject to paragraph (1A) below,”.
4
After regulation 2(1) there shall be added the following paragraph —
1A
For the purposes of paragraphs 6A(1) and 19A(1) of Schedule 1, “protein” has the meaning given to it by article 4(1) of the Bovine Spongiform Encephalopathy (No. 2) Order 1996.
.
5
In regulation 14 (control of added substances contained in feeding stuffs) —
a
for paragraphs (1) to (3) there shall be substituted the following paragraph:
1
No person shall sell, or have in possession with a view to sale, for use as a feeding stuff, or use as a feeding stuff, any material containing any additive, or sell, or have in possession with a view to sale, for incorporation in a feeding stuff, any additive, unless —
a
where the additive is contained in any material, the additive is referred to in paragraph 6(1) of, or in any of Parts I to X of, the Table to Schedule 4, and the material complies with the relevant provisions of that Schedule,
b
where the additive is not so contained, it is referred to in paragraph 6(1) of, or in any of Parts I to X of, the Table to Schedule 4; or
c
the additive, whether or not contained in any material or in a preparation, is —
i
an enzyme; or
ii
a micro-organism;
and in either case is referred to in Part XI of that Table.
; and
b
in paragraph (4), for the expression “Paragraphs (1) to (3) of this regulation” there shall be substituted the expression “Paragraph (1) of this regulation”.
6
In Schedule 1 (contents of the statutory statement) —
a
after paragraph 6 there shall be added the following paragraphs —
6A
1
In the case of any straight feeding stuff comprising protein derived from mammalian tissue but containing no mammalian meat and bone meal, and intended for animals other than pet animals, the statutory statement shall contain the declaration specified in sub-paragraph (2) below.
2
The declaration referred to in sub-paragraph (1) above is —
This straight feeding stuff comprises protein derived from mammalian tissue the feeding of which to ruminants is prohibited
.
6B
In the case of any straight feeding stuff comprising or containing mammalian meat and bone meal, and intended for animals other than pet animals, the statutory statement shall contain the following declaration —
This straight feeding stuff comprises protein derived from mammalian tissue the feeding of which to ruminants, all other categories of farmed creatures and equine animals is prohibited
.
; and
b
after paragraph 19 there shall be added the following paragraphs —
19A
1
In the case of any compound feeding stuff containing protein derived from mammalian tissue but containing no mammalian meat and bone meal, and intended for animals other than pet animals, the statutory statement shall contain the declaration specified in sub-paragraph (2) below.
2
The declaration referred to in sub-paragraph (1) above is —
This compound feeding stuff comprises protein derived from mammalian tissue the feeding of which to ruminants is prohibited
.
19B
In the case of any compound feeding stuff containing mammalian meat and bone meal, and intended for animals other than pet animals, the statutory statement shall contain the following declaration —
This compound feeding stuff contains protein derived from mammalian tissue the feeding of which to ruminants, all other categories of farmed creatures and equine animals is prohibited
.
.
7
In the Table to Schedule 4 (permitted additives and provisions relating to their use), after the provisions in Part X there shall be added the contents of Schedule 1 to these Regulations.
8
For Part II of Schedule 6 (categories of ingredients for use in relation to compound feeding stuffs for animals other than pets) there shall be substituted the contents of Schedule 2 to these Regulations.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
20th January 1998
Sewel
Parliamentary Under Secretary of State, Scottish Office
19th January 1998
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
22nd January 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Allerdale (Electoral Changes) Order 1998.
2
This Order shall come into force on 6th May 1999, except that for the purpose of all proceedings preliminary or relating to an election to be held on or after that date this Order shall come into force on the day after the day on which it is made.
3
In this Order–
“the Borough” means the borough of Allerdale; and
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to “the map” is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the Borough of Allerdale (Electoral Changes) Order 1998”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of Allerdale
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into thirty-one wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or other similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Workington
3
1
The existing wards of the parish of Workington shall be abolished.
2
The parish shall be divided into six parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area described in column (2) of that Schedule by reference to wards of the borough, and the number of councillors to be elected for each parish ward shall be the number specified in column (3) of that Schedule.
Wards of the parish of Cockermouth
4
1
The existing wards of the parish of Cockermouth shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names of All Saints and Christchurch respectively and each parish ward shall comprise the area of the ward of the borough bearing the same name.
3
The number of councillors to be elected for each parish ward shall be six.
Wards of the parish of Maryport
5
1
The existing wards of the parish of Maryport shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area described in column (2) of that Schedule by reference to wards of the borough, and the numbers of councillors to be elected for each parish ward shall be the number specified in column (3) of that Schedule.
Numbers of parish councillors
6
1
The number of councillors to be elected for Blennerhasset & Torpenhow parish shall be nine.
2
The number of councillors to be elected for Lorton parish shall be seven.
3
The number of councillors to be elected for Westnewton parish shall be seven.
Revocation
7
The Borough of Allerdale (Electoral Arrangements) Order 1978 is hereby revoked.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
16th October 1998


text:
Citation and commencement
1
This Order may be cited as the Dissolution of the North Kent Healthcare National Health Service Trust and the Thameslink Healthcare Services National Health Service Trust Order 1998 and shall come into force on 1st April 1998.
Dissolution of NHS trusts
2
1
The North Kent Healthcare National Health Service Trust established by the North Kent Healthcare National Health Service Trust (Establishment) Order 1993 is dissolved, and accordingly that Order is revoked.
2
The Thameslink Healthcare Services National Health Service Trust established by the Thameslink Healthcare Services National Health Service Trust (Establishment) Order 1991 is dissolved, and accordingly that Order is revoked.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State
Department of Health
17th March 1998


text:
Citation and commencement
1
This Order may be cited as The Protection of Wrecks (Designation No. 1) Order 1998 and shall come into force on 29th July 1998.
Identification of site and designation of restricted area
2
1
The site in respect of which this Order is made is hereby identified as the site where the vessel HMS “Assurance” lies wrecked on the sea bed at Latitude 50°39'.70 North, Longitude 01°35'.45 West.
2
The area to the west of Longitude 01°35'.35 West within a distance of 200 m of Latitude 50°39'.70 North, Longitude 01°35'.43 West, but excluding any part of that area which lies above the high water mark of ordinary spring tides, shall be a restricted area for the purposes of the Protection of Wrecks Act 1973.
Revocation
3
1
The Protection of Wrecks (Designation) Order 1997 is hereby revoked.
Tony Banks
Parliamentary Under Secretary of State,
Department for Culture, Media and Sport
7th July 1998


text:
1
This Order may be cited as the Insurance Companies (Loan Relationships) (Election for Accruals Basis) Order 1998 and shall come into force on 1st June 1998.
2
In paragraph 5(6) of Schedule 11 to the Finance Act 1996 for “31st March 1998” there shall be substituted “31st March 1999”.
Jim Dowd
John McFall
Two of the Lords Commissioners of Her Majesty’s Treasury
8th May 1998


text:
1
This Order may be cited as the Police Information Technology Organisation (Additional Bodies) Order 1998 and shall come into force on 1st April 1998.
2
1
The Secretary of State hereby determines that the Police Information Technology Organisation may carry out activities relating to information technology equipment and systems for the use of the following bodies (in addition to police authorities and police forces) —
a
any body of constables in Great Britain established by statute;
b
the States of Jersey Police force;
c
the salaried police force of the Island of Guernsey;
d
the Isle of Man Constabulary;
e
any institution or organisation established and maintained by the Secretary of State under the provisions of section 36 of the Police (Scotland) Act 1967 ;
f
any magistrates' court and, in Scotland, any district court;
g
any probation committee;
h
the Legal Aid Board in England and Wales and the Scottish Legal Aid Board;
i
the Scottish Children’s Reporter Administration;
j
any fire authority;
k
any body providing ambulance services for the purposes of section 3(1)(c) of the National Health Service Act 1977 or section 45 of the National Health Service (Scotland) Act 1978 ;
l
any body involved in maritime or land search and rescue;
m
any government department;
n
the Security Service;
o
the Secret Intelligence Service;
p
the armed forces;
q
the Post Office;
r
the United Kingdom Atomic Energy Authority; and
s
any local authority.
2
In this Order “local authority” means —
a
in relation to England and Wales, a county council, a county borough council, a district council, a London borough council, the Common Council of the City of London or a joint authority established under Part IV of the Local Government Act 1985 ; and
b
in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 , or a joint board or committee within the meaning of section 235 of the Local Government (Scotland) Act 1973 .
Alun Michael
Minister of State
Home Office
23rd February 1998


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemptions) (Hastings and Luton Borough Councils) Order 1998 and shall come into force on 19th January 1999.
Exemption of supervision of parking
2
The supervision of parking by the Council of the Borough of Hastings (“Hastings”) and the Council of the Borough of Luton (“Luton”) shall not be treated as a defined activity so long as it is carried out–
a
by Hastings within the borough of Hastings and during the period beginning with 10th May 1999 and ending immediately before 1st November 2000;
b
by Luton within the borough of Luton and during the period beginning with 19th January 1999 and ending immediately before 19th January 2001.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
9th December 1998


text:
Citation and commencement
1
This Order may be cited as the Bank of England Act 1998 (Consequential Amendments of Subordinate Legislation) Order 1998 and shall come into force on 1st June 1998.
Consequential amendments and revocations
2
The instruments specified in Schedule 1 hereto are hereby amended as specified in that Schedule.
3
The instruments specified in Schedule 2 hereto are hereby revoked to the extent specified in the final column of that Schedule.
Graham Allen
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
24th April 1998


text:
Citation and commencement
1
This Order may be cited as the Dissolution of the Crawley Horsham National Health Service Trust and the East Surrey Healthcare National Health Service Trust Order 1998 and shall come into force on 1st April 1998.
Dissolution of NHS trusts
2
1
The Crawley Horsham National Health Service Trust established by the Crawley Horsham National Health Service Trust (Establishment) Order 1992 is dissolved, and accordingly that Order is revoked.
2
The East Surrey Healthcare National Health Service Trust established by the East Surrey Hospital and Community Healthcare National Health Service Trust (Establishment) Order 1992 is dissolved, and accordingly that Order is revoked.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,
Department of Health
10th March 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Loch Sligachan, Isle of Skye, Scallops Several Fishery Order 1998 and shall come into force on 16th November 1998.
2
In this Order–
“the applicant” means David Neil Oakes, Oakes Marine, Old Mission House, Sconser, Isle of Skye, IV48 8TD;
“the grantee” means the applicant and such other person as is for the time being entitled to the right of several fishery conferred by this Order;
“the definitive map” means the map prepared in duplicate, each copy of which is signed by the Secretary of State and marked “Map referred to in the Loch Sligachan, Isle of Skye, Scallops Several Fishery Order 1998”, one such copy of which is deposited in the principal office of the Scottish Office Agriculture, Environment and Fisheries Department at Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TW and the other such copy of which is deposited in the applicant’s place of business at Oakes Marine, Old Mission House, Sconser, Isle of Skye, IV48 8TD; and
“the fishery” means that part of the bed of the sea in Loch Sligachan, Isle of Skye, described in the Schedule to this Order and shown coloured pink on the definitive map.
Right of several fishery
2
Subject to the following provisions of this Order, there is hereby conferred on the applicant for a period of 15 years beginning on the date on which this Order comes into force the right of several fishery for scallops with respect to the whole of the area of the fishery.
Restriction on harvesting
3
The right of several fishery granted by article 2 above is subject to the restriction that the harvesting of scallops shall be carried out manually by divers.
Assignation
4
The grantee shall not without the prior written consent of the Secretary of State assign or in any other way transfer the right of several fishery to any other person.
Marking of limits of fishery
5
The grantee shall cause to be clearly marked on the bed and on the surface of the sea the limits of the fishery and shall maintain the marks in position and in good repair.
Rights of the Crown
6
1
Nothing in this Order shall affect prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular and without prejudice to the generality of the foregoing nothing herein contained shall authorise the applicant to take, use, enter upon or, in any manner interfere with any land, or interest in land, any rights of whatever description (including any portion of the shore or bed of the sea, or of any river channel, creek, bay or estuary) belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Commissioners.
2
A consent under paragraph (1) above may be given unconditionally or subject to such conditions and upon such terms as shall be considered necessary or appropriate.
Sewel
Scottish Office
St Andrew’s House,
Edinburgh
8th October 1998


text:
1
This Order may be cited as the A4 Trunk Road (Bath Road and Hatch Lane, Hillingdon) (Prohibition of U-Turn) Order 1998 and shall come into force on 25th February 1998.
2
In this Order:
“Hatch Lane” means the road of that name in the London Borough of Hillingdon; and
“the Trunk Road” means that length of the A4 Trunk Road in the London Borough of Hillingdon known as Bath Road.
3
Save as provided in article 4 below, no person shall cause or permit any vehicle —
a
on entering the Trunk Road from the southbound carriageway of Hatch Lane to make a U-turn so as to proceed in the opposite direction; or
b
proceeding in the eastbound carriageway of the Trunk Road to make a U-turn at the junction with Hatch Lane so as to proceed in the opposite direction.
4
Nothing in article 3 above shall apply to —
a
any vehicle being used for Police, Fire Brigade or Ambulance purposes; or
b
anything done at the direction of, or with the permission of, a constable in uniform or a traffic warden.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
A. R. Mellors
A Grade 7 Officer, Highways Agency, London Network and Customer Services Division
23rd February 1998


text:
Commencement and citation
1
This Order may be cited as The A3 Trunk Road (Wandsworth) Red Route Experimental Traffic Order 1998, and shall come into force on 10th April 1998.
Interpretation
2
In this Order —
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
causing includes permitting;
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
“the trunk road red route” means the lengths of road specified in column 2 of the table in schedule 1;
“vehicle” includes part of a vehicle; and
an entry in column (3) , (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
“bus” has the meaning given by regulation 22(2) of the Traffic Signs Regulations and General Directions 1994 .
“bus stop” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stop”.
“bus stand” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stand”.
“London Regional Transport” has the meaning given by the London Regional Transport Act 1984 .
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Buses: The controls specified in article 3(1) do not apply in respect of a person causing a bus to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3 (1) and (2) do not apply in respect of a person causing:
a
a bus to stop at a bus stop for as long as may be required to enable passengers to board or alight; or
b
a bus to stop at a bus stop or a bus stand and being used for operational reasons in the course of providing a London bus service (as defined in section 34 of the Transport Act 1985 ) under an agreement with London Regional Transport or training drivers to allow such a service to be provided.
2
In this article “operational reasons” means:
i
to enable passengers to board and alight;
ii
to enable crew changes to take place;
iii
to maintain the scheduled timetable subject, in the case of a bus stop, to a maximum wait of two minutes.
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Power to modify or suspend this Order
10
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Suspensions of existing Orders
11
1
Subject to paragraph (2) of this article, The Wandsworth (Waiting and Loading) Order 1976 is hereby suspended, in so far as its provisions relate to any part of the trunk road red route.
2
The suspension specified in paragraph (1) of this article shall take effect in respect of any provision contained in The Wandsworth (Waiting and Loading) Order 1976 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
30th March 1998


text:
1
This Order may be cited as the Northern Ireland Arms Decommissioning Act 1997 (Amnesty Period) Order 1998 and shall come into force on the day after the day on which it is made.
2
The day hereby appointed for the purposes of section 2(2)(b) of the Northern Ireland Arms Decommissioning Act 1997 (“the 1997 Act ”) is 27th February 1999, being not more than 12 months after the day on which this Order is made or more than five years after the day on which the 1997 Act was passed.
Marjorie Mowlam
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
23rd March 1998


text:
Citation and commencement
1
This Order may be cited as the East Ayrshire (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 East Ayrshire Council shall be divided into 32 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:
PART I
INTRODUCTION
Title, commencement, interpretation and extent
1
1
These Regulations may be cited as the Animals and Animal Products (Import and Export) Regulations 1998 and shall come into force on 1st March 1998.
2
In these Regulations, unless the context otherwise requires, any expressions used have the meaning they bear in Council Directive 90/425/ EEC (concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the single market ) and Council Directive 91/496/EEC (laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries ), both of which have been amended by the legislation listed in Schedule 1;
“border inspection post” means, in relation to a species of animal, a place specified in relation to that species in Schedule 2;
“import” means import into Great Britain;
“inspector” means a person appointed to be an inspector for the purposes of these Regulations by the Minister or a local authority, and when used in relation to a person so appointed by the Minister, includes a veterinary inspector;
“local authority” means —
in England, as respects each London borough (except in relation to imported live animals), unitary authority, metropolitan district or non-metropolitan county, the council of that borough, unitary authority, district or county;
as respects the City of London, and for all London boroughs in relation to imported live animals, the Common Council;
in Wales, the council of each county or county borough;
in Scotland, each council constituted under section 2 of the Local Government (Scotland) Act 1994 ;
“Minister” means, in relation to England, the Minister of Agriculture, Fisheries and Food, and, in relation to Scotland or to Wales, the Secretary of State;
“place of destination” means the address or addresses to which the consignment is consigned by the consignor;
“veterinary inspector” means a person appointed as a veterinary inspector by the Minister.
3
Any reference in these Regulations to a Schedule, unless the context otherwise requires, is a reference to a Schedule to these Regulations.
4
Any reference in these Regulations to an instrument of the European Community is to that instrument as amended at the time these Regulations come into force.
5
A notice or approval under these Regulations shall be in writing and may be made subject to conditions and may be amended, suspended or revoked in writing at any time.
6
These Regulations do not apply to Northern Ireland.
Exception
2
These Regulations shall not apply to veterinary checks on movements of pets (other than equidae) accompanied by and under the responsibility of a natural person, where such movements are not the subject of a commercial transaction.
Enforcement
3
1
Except where otherwise expressly provided, these Regulations shall be executed and enforced by the local authority.
2
The Minister may direct, in relation to cases of a particular description or a particular case, that any duty imposed on a local authority under paragraph (1) above shall be discharged by the Minister and not by the local authority.
PART II
INTRA-COMMUNITY TRADE
Application of Part II
4
This Part of these Regulations shall apply to trade between member State in live animals and all animal products which are the subject of the directives listed in Schedule 3, except aquaculture products for human consumption controlled by Council Directive 91/67/EEC (concerning the animal health conditions governing the placing on the market of aquaculture animals and products ).
Exports
5
1
No person shall export or consign for export to another member State any animal or animal product controlled under one or more of the directives in Schedule 3 unless —
a
it complies with the relevant provisions of those directives (including any option permitted by those directives which has been exercised by the member State of destination);
b
when required by a directive, it is accompanied by an export health certificate signed by a veterinary inspector (or, where specified in a directive, signed by a veterinary surgeon nominated by the exporter) or any other document required by a directive;
c
when required by a directive, any notification of a disease on the holding from which the animal has been consigned has been made within the time and in the manner (if any) specified in the directive;
d
in the case of cattle or pigs, if the animal is acquired through a collection centre as defined in Article 2 of Council Directive 64/432/EEC (on animal health problems affecting intra-Community trade in bovine animals and swine ), that collection centre has been approved by the Minister for the purposes of intra-Community trade, and the collection centre complies with the provisions of that directive; and
e
in the case of species other than cattle or pigs, if the animal is exported directly from a market or assembly centre, such market or assembly centre has been approved by the Minister for the purposes of intra-Community trade, and the market or assembly centre complies with the provisions of the directives listed in Schedule 3 relating to markets or assembly centres; and in this sub-paragraph “market or assembly centre” means any place other than a holding where animals are sold, bought or assembled.
2
If an inspector has reasonable cause to suspect that a person in charge of animals or animal products intends to export them in contravention of this regulation he may by notice served on the consignor, his representative or person in charge of the animals or animal products prohibit that exportation and require the person on whom the notice is served to take the animals or animal products to such place as may be specified in the notice and to take such further action in relation to them as may be specified in the notice.
3
In the event of a notice not being complied with an inspector may seize or cause to be seized any animal or animal product to which it relates and arrange for the requirements of the notice to be complied with.
Imports
6
1
No person shall import from another member State any animal or animal product subject to a directive listed in Schedule 3 and in free circulation in another member State unless it complies with the relevant provisions of that directive, any additional requirements specified in Schedule 3 and any additional legislation applicable in Great Britain.
2
If an animal is imported for slaughter, the importer shall ensure that it is slaughtered without undue delay; and if it is not slaughtered without undue delay, an inspector may by notice served on the importer, his representative or person in charge of the animals require the animals to be slaughtered as may be specified in the notice.
3
In the event of a notice not being complied with an inspector may seize or cause to be seized any animal to which it relates and arrange for the requirements of the notice to be complied with.
Transport of animals and animal products
7
1
No person shall transport any animal or animal product which is being exported to another member State, or which is being imported from another member State to the address to which it is consigned, unless the animal or animal product is accompanied by the documents required by Article 3.1.d of Council Directive 90/425/EEC .
2
No person shall deliver any animal or animal product imported from another member State other than to the address specified in the required documentation unless required to do so by means of a notice served on him by an inspector; and, if an animal or animal product is delivered to an address other than that specified in the consignment documentation, an inspector may serve a notice on the person appearing to him to be in charge of the animal or animal product requiring that person to transport it, at that person’s expense, to the address specified in the consignment documentation.
3
In the event of a notice not being complied with an inspector may seize or cause to be seized any animal or animal product to which it relates and arrange for the requirements of the notice to be complied with.
Registration
8
1
For the purposes of paragraph (2) below the Minister shall keep a register of dealers engaging in intra-Community trade who have applied for registration in accordance with that paragraph.
2
If required to do so by a notice served on him by the Minister, a dealer engaging in intra-Community trade in animals or animal products shall register as such with the Minister and shall give him such undertakings as to compliance with these Regulations as shall be specified in the notice.
3
Any person who has registered under paragraph (2) above shall keep a record of all deliveries of animals and animal products and, where a consignment is divided up or subsequently marketed, of the subsequent destination of the animals or animal products, and shall keep such records for 12 months from the arrival of the consignment.
4
No person shall export to another member State any animal to which the provisions of Articles 7, 9 and 10 of Council Directive 92/65/EEC (laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(1) to Council Directive 90/425/EEC ) apply unless the animal originates from a holding which has been registered with the Minister and the owner or person in charge of that holding has given to the Minister undertakings in accordance with Article 4 of Council Directive 92/65/EEC .
Approval of centres and teams
9
1
For the purposes of Articles 5 and 13 of Council Directive 92/65/EEC , the Minister shall approve any body, institute or centre which has applied for approval in accordance with Article 13 of that directive and which conforms with the requirements of Annex C to that directive.
2
The Minister shall suspend, withdraw or restore the approval referred to in paragraph (1) above in accordance with point 3 of Annex C to that directive.
3
For the purposes of Article 11 of Council Directive 92/65/EEC , the Minister shall approve any semen collection centre or embryo collection team which has applied to the Minister for approval in accordance with Article 11 of that Directive and which meets the conditions applicable to it in respect of approval and the performance of its duties as required by Article 11 and Annex D to that Directive.
Inspection and checking at destination
10
1
A veterinary inspector shall have power to inspect, at their place of destination, all animals and animal products imported into Great Britain from another member State, so as to ensure that the requirements (including requirements on documentation) of the relevant provisions of the directives listed in Schedule 3, any additional requirements specified in Schedule 3 and any additional legislation applicable to those animals and animal products in Great Britain have complied with.
2
An inspector shall have power to inspect anywhere and at any time all animals and animal products imported from another member State, as well as all accompanying documents, if he has information leading him to suspect an infringement of the directives listed in Schedule 3, any additional requirements specified in Schedule 3 and any additional legislation applicable to those animals or animal products in Great Britain.
3
Any powers exercised under regulation 29 below shall only be exercised in accordance with this regulation in relation to an import from another member State until it reaches its place of destination and at its place of destination.
Duties on consignees
11
1
No person shall accept a consignment of animals or animal products (other than registered horses accompanied by an identification documentation provided for by Council Directive 90/427/EEC (on zootechnical and genealogical conditions governing intra-Community trade in equidae ) unless the importer or consignee has notified to an authorised inspector in writing, at least 24 hours in advance, the nature of the consignment, its anticipated date of arrival and the place of destination.
2
A consignee shall retain all certificates sent in accordance with these Regulations for 12 months from the date of arrival.
3
The authorised inspector in regulation 11(1) shall be the inspector authorised (in England and Wales by the Minister of Agriculture, Fisheries and Food and in Scotland by him and the Secretary of State for Scotland acting jointly) to receive information about the anticipated date of arrival of imported animals or animal products for the area in which the place of destination in Great Britain is situated.
Duties on consignees relating to animals
12
1
Where animals are consigned to an approved collection centre as defined in regulation 5(1)(d) or to an approved market or approved assembly centre as defined in regulation 5(1)(e), the operator of the collection centre, market or assembly centre shall ensure that no animal is admitted unless it complies with Article 3.1 of Council Directive 90/425/EEC .
2
Where animals are consigned to a slaughterhouse under the supervision of an official veterinary surgeon appointed under the provisions of regulation 8 of the Fresh Meat (Hygiene and Inspection) Regulations 1995 or regulation 8 of the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 , the official veterinary surgeon shall ensure that no animal is slaughtered unless it complies with Article 3.1 of Council Directive 90/425/EEC .
3
If, in carrying out inspections under the preceding paragraph, the official veterinary surgeon establishes that animals imported from another member State are accompanied by incorrect certification or cannot readily be identified, he shall forthwith notify a veterinary inspector authorised by the Minister to receive such notification, who shall examine the animals and shall either —
a
certify that they are fit to be slaughtered and used for their intended purpose, or
b
by notice in writing served on the official veterinary surgeon require the animals to be slaughtered and destroyed or re-exported, in each case at the expense of the importer.
4
Where paragraphs (1) and (2) above do not apply, any person who markets any animal consigned to him from another member State, or divides up batches of such animals for distribution or marketing —
a
shall check, before the batch is divided up or marketed, that all the animals comply with the relevant provisions of the directives listed in Schedule 3, with respect to identification marks and accompanying documentation;
b
shall forthwith notify any irregularity or anomaly to a veterinary inspector authorised by the Minister to receive such notification, and
c
if there is a breach of Article 3.1.d of the Council Directive 90/425/EEC , shall isolate the animals in question until a veterinary inspector authorised by the Minister to do so has authorised their release in writing.
Illegal consignments
13
1
If a veterinary inspector knows of or suspects the presence of agents responsible for a disease referred to in Schedule 4 or of a zoonosis, a disease or any cause likely to constitute a serious hazard to animals or humans in animal products imported from another member State, or that those animals or animal products have come from a region contaminated by an epizootic disease, he may by notice served on the person appearing to him to have charge of those animals or products, require that person —
a
immediately to detain the imported animal product, imported animal or any animal which has been in contact with such imported animal (and, in the case of detained animals, whether imported or animals which have been in contact with imported animals, keep them isolated from other animals), at such place as may be specified in the notice, and to take such further action in relation to them as may be so specified for the purpose of preventing the introduction or spreading of disease into or within Great Britain, or
b
without delay, to slaughter them, or slaughter and destroy them, or cause them to be slaughtered and destroyed, or, in the case of products, destroy them or cause them to be destroyed, in accordance with such conditions as may be specified in the notice.
2
Subject to the provisions of paragraph (3) below, if an inspector knows or suspects that an animal or animal product does not comply with the provisions of Article 3 of Council Directive 90/425/EEC , he may, if animal health and welfare considerations so permit, give the consignor or his representative or the person appearing to him to have charge of those animals or products by way of notice the choice of —
a
where the cause of non-compliance is the presence in animals of residues in excess of that permitted under the relevant legislation, maintaining the animals under supervision until the residue levels fall to the levels permitted by the legislation and, in the event of the residue levels not falling to the permitted levels, requiring him to take whatever action is specified in that legislation; or
b
slaughtering the animals or destroying the products in accordance with such conditions as may be specified in the notice, or
c
returning the animals or products to the member State of despatch, with the authorisation of the competent authority of the member State of despatch and with prior notification to any member State of transit.
3
If the consignment fails to comply with legislation only by reason of irregularity in documentation, an inspector shall not cause the animals or animal products to be returned to the country of despatch without first giving the consignor, his representative or the person appearing to him to have charge of those animals or products a notice requiring him to produce the correct documentation within 7 days and to detain the animal or animal product in accordance with such conditions as may be specified in the notice.
4
In the event of a notice not being complied with an inspector may seize or cause to be seized any animal or animal product to which it relates, and arrange for the requirements of the notice to be complied with.
PART III
THIRD COUNTRIES
Application of Part III
14
This Part of these Regulations shall apply in respect of animals imported into Great Britain —
a
from anywhere other than a member State, and
b
from another member State if the animals originated in a country which is not a member State and all the checks provided for in Council Directive 91/496/EEC have not been carried out.
Official veterinarians
15
The Minister of Agriculture, Fisheries and Food shall from time to time designate such veterinary inspectors to act as official veterinarians as shall be necessary for the purposes of this Part of these Regulations and may revoke such designation at any time.
Importation
16
1
No person shall import any animal —
a
either for entry into Great Britain or for export to another member State unless the conditions in Article 5 of Council Directive 91/496/EEC are complied with as well as any additional legislation applicable in Great Britain, or
b
for immediate re-export, either directly or indirectly, outside the European Community unless such transit has been previously authorised in writing by the Minister and the conditions in Article 9 of Council Directive 91/496/EEC have been complied with.
2
No person shall import any animal to which a directive listed in Schedule 5 applies except in conformity with that directive, any decision under that directive and any additional legislation applicable in Great Britain.
3
No person shall import any animal to which a decision listed in Schedule 5 applies from the country referred to in that decision except in accordance with the provisions of those decisions, including any options exercised by the Minister under those decisions.
4
If an animal is imported for slaughter, the importer shall ensure that it is slaughtered without delay; and if it is not slaughtered without undue delay, an inspector may by notice served on the importer, his representative or person in charge of the animals require the animals to be slaughtered as may be specified in the notice .
5
In the event of a notice not being complied with an inspector may seize or cause to be seized any animal to which it relates and arrange for the requirements of the notice to be complied with.
Places of import
17
1
No person shall import any animal except at a border inspection post specified in Schedule 2 for that species of animal, except that animals specified in Schedule 1 to the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 may also be imported at places permitted under that Order.
2
If animals are imported at any place other than a place permitted under paragraph (1) above, an inspector may, by notice in writing, require the person appearing to him to be in charge of the consignment to detain and isolate the animals in accordance with the notice and the following provisions of this regulation shall have effect.
3
Following examination of the animals by a veterinary inspector, the veterinary inspector may serve a further notice on the person appearing to him to be in charge of the consignment either releasing the animals from restriction or requiring the animals to be slaughtered or slaughtered and destroyed or re-exported outside the European Community.
4
In the event of a notice not being complied with, an inspector may seize the animal or cause it to be seized and arrange for the requirements of the notice to be complied with.
Import procedure
18
1
No person shall import any animal unless he has given one working day’s notice in writing of his intention to do so, specifying the number, nature and estimated time of arrival of the animal, to the official veterinarian of the border inspection post through which the animal is to be imported.
2
On importation, the importer or his agent shall convey the animal, under the supervision of the enforcement authority, directly to the border inspection post examination area or, where the decisions listed in Schedule 5 or the animal health conditions applicable to imports so require, to a quarantine centre as provided for in the second indent of the first sub-paragraph of Article 10.1 of Council Directive 91/496/EEC .
3
No person shall remove any animal from a quarantine centre or border inspection post unless there has been provided by the official veterinarian a certificate in the form required under Council Directive 91/496/EEC that all necessary veterinary checks have been carried out in accordance with Articles 4.1, 4.2.a, 4.2.b, 4.2.d, 8 and 9 of that directive to his satisfaction.
4
No person shall remove any animal from Customs temporary storage arrangements unless the certificate provided under paragraph (3) above has been provided to an officer of Her Majesty’s Customs and Excise and the removal has been authorised by him, and except to the address specified in the required documentation unless required to do so by means of a notice served on him by an inspector.
5
Where a check involves the taking of a sample for testing and the test result is not immediately available, the official veterinarian may by notice served on the owner or the person in charge of an animal release that animal from the border inspection post, and require that person to keep the animal in accordance with such conditions as may be specified in the notice until the test results are available; and if the test reveals that the animal does not comply with the provisions of Article 5 of Council Directive 91/496/EEC then the provisions of regulation 21 below shall apply as they apply at a border inspection post.
Payment of fees
19
The official veterinarian shall not authorise the release of animals from a quarantine centre or border inspection post unless he is satisfied that all veterinary checks for which a charge is made have been paid for, and that, where relevant, a deposit covering any cost provided for in Article 9.1.a, 9.2, the second and third indents of Article 10.1, Article 10.6 and Article 12.2 of Council Directive 91/496/EEC has been lodged.
Consignments constituting a danger to health
20
Where checks at the quarantine centre or border inspection post reveal that a consignment of animals is likely to constitute a danger to animal or human health, the official veterinarian shall immediately seize and destroy the consignment, and the costs of such action shall be payable by the importer or his representative.
Illegal consignments
21
1
Where checks at the quarantine centre or border inspection post reveal that the animals do not comply with Article 5 of Council Directive 91/496/EEC or Articles 3, 4 or 5 of Council Directive 91/628/EEC , a veterinary inspector shall, by notice served on the person appearing to him to have charge of those animals, require that person to —
a
shelter, feed and water and, if necessary, treat the animals;
b
place them in quarantine or isolate the consignment at such place as may be specified in the notice, and to take such other action in relation to the animals as may be necessary for the purpose of preventing the introduction or spreading of disease into or within Great Britain; or
c
re-dispatch them outside the territory of the European Community, where animal health or welfare considerations so permit, within such period as may be specified in the notice.
2
Before exercising any of the powers in paragraph (1) above the veterinary inspector shall consult the importer or his representative.
3
If the animals are re-dispatched in accordance with paragraph (1)(c) above, the official veterinarian shall cancel the veterinary certificate or document accompanying the rejected consignment.
4
If in the opinion of the veterinary inspector re-dispatch is not possible, in particular for reasons of the welfare of animals, he shall serve a notice on the person appearing to him to have charge of the animals in accordance with the following paragraph.
5
A notice served under the preceding paragraph may authorise slaughter of the animals for human consumption if this would comply with all relevant legislation but, if this is not possible, shall either —
a
order the slaughter of the animals for purposes other than human consumption, or
b
order the destruction of the carcases,
specifying in each case the conditions regarding control of the use of the products obtained.
6
In the event of a notice not being complied with a veterinary inspector may seize or cause to be seized any animal to which it relates, and arrange for the requirements of the notice to be complied with.
7
The importer or his representative shall be liable for the costs incurred in measures under this regulation, but shall be entitled, after deduction of costs, to the proceeds of any sale.
Arrival at the place of destination
22
On their arrival at the place of destination, animals for breeding and production shall be detained at the premises by the person having control of those premises, and he shall not release them from those premises unless authorised in writing by an authorised officer of the Minister.
Post-import controls
23
1
Where a veterinary inspector knows or suspects that import conditions have not been complied with or there is doubt as to the identity of an animal, he may carry out any veterinary checks on that animal that he deems appropriate.
2
If the checks confirm that import conditions were not complied with then the provisions of regulation 21 above shall apply as they apply at a border inspection post and, in the case of the exercise of a power to place the animals in quarantine or isolate them, a veterinary inspector may additionally require the placing in quarantine or isolation of other animals which have been in contact with the imported animals.
PART IV
IMPORTS WHERE CHECKS HAVE BEEN CARRIED OUT INANOTHER MEMBER STATE
Application of Part IV
24
This Part of these Regulations shall apply in respect of animals imported into Great Britain and which originated outside the European Community but in respect of which all the checks required under Council Directive 91/496/EEC have been carried out in another member State.
Imports
25
No person shall import any animal to which this Part applies unless it is accompanied by the certificate of examination and the authenticated copy of the original health certificate issued at the point of importation into the European Community under Article 7.1 of Council Directive 91/496/EEC .
Import procedure
26
The provisions of regulations 7 to 13, 16(2) and (3), 22 and 23 of these Regulations shall apply in relation to animals to which this Part applies.
PART V
GENERAL
Outbreaks of disease in other states
27
1
This regulation shall apply where the Minister learns or has reasonable grounds to suspect, either under the procedures set out in Article 10 of Council Directive 90/425/EEC or Article 18 of Council Directive 91/46/EEC , or through any other means, the presence in any other state of a disease referred to in Schedule 4, a zoonosis or any other disease or phenomenon liable to present a serious threat to public or animal health.
2
In the circumstances described in paragraph (1) above, the Minister may, for the purpose of preventing the introduction or spreading of disease into or within Great Britain, by a declaration to be published in such manner as he thinks fit, give notice of the existence in another state of any disease or zoonosis or other cause likely to constitute a serious hazard, the area subject to the outbreak, and the types of animal or animal product affected.
3
Upon such declaration being made, the entry into Great Britain or any animal or animal product which is the subject of the declaration shall be in breach of the conditions of import in these Regulations unless it satisfies such conditions as may be specified in the declaration.
4
A declaration made under this regulation may specify conditions under which the animal or animal product which is the subject of the declaration may be imported.
Notification of decisions
28
If the consignor or his representative, or the importer or his representative, so requests, any decision taken refusing entry or varying the conditions of entry shall be forwarded to him in writing by the person taking the decision, giving the reasons for the decision and the details of his right of appeal against the decision, including the relevant time limits.
Powers of inspectors
29
1
Subject to regulation 10 above, an inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to enter any land or premises for the purposes of ascertaining whether there is or has been on the premises any contravention of these Regulations; and in this regulation “premises” includes any place, installation, vehicle, ship, vessel, boat, craft, hovercraft or aircraft.
2
An inspector shall have powers to carry out all checks and examinations necessary for the enforcement of Council Directive 90/425/EEC and Council Directive 91/496/EEC , and in particular may —
a
carry out inspections of any processes used for the marking and identification of animals, any premises and any installation;
b
carry out checks on whether staff are complying with the requirements of the directives listed in Schedule 3 relating to animal products;
c
take samples (and, if necessary, send the samples for laboratory testing) from —
i
animals held with a view to being sold, put on the market or transported;
ii
products held with a view to being stored or sold, put on the market or transported;
iii
animals or animal products being transported in the course of intra-Community trade;
iv
animals at a border inspection post in the case of third country imports; or
v
animals or animal products at the place of destination in the case of an import from another member State;
d
examine documentary or data processing material relevant to the checks carried out under these Regulations; and
e
take with him a representative of the European Commission acting for the purposes of Council Directives 90/425/EEC or 91/496/EEC .
Recovery of expenses
30
The consignor, his representative and the person in charge of any animals or animal product shall be liable for any reasonable expenses arising out of or in connection with the exercise of any power conferred on an inspector by these Regulations relating to those animals or animal products.
Obstruction
31
1
No person shall —
a
intentionally obstruct any person acting in the execution of these Regulations;
b
without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the purposes of his functions under these Regulations, or
c
furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.
2
Nothing in paragraph (1)(b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Offences by bodies corporate
32
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
he as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1) above, “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
3
Where an offence under these Regulations is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
Penalties
33
1
A person contravening any provision of these Regulations or any notice served under them shall be guilty of an offence.
2
A person guilty of an offence under regulation 31(1)(a) or (b) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
3
A person guilty of any other offence under these Regulations shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both;
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
Disapplication of provisions
34
The provisions of the legislation listed in Schedule 6 shall not apply to imports from another member State of animals and animal products to which a directive listed in Schedule 3 applies, or to imports of an animal to which a decision listed in Schedule 5 applies from the country subject to that decision, to the extent specified in column 3 of Schedule 6.
Revocations
35
The Animals and Animal Products (Import and Export) Regulations 1995 and the Animals and Animal Products (Import and Export) (Amendment) Regulations 1996 are revoked.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
28th January 1998
Sewel
Parliamentary Under Secretary of State, Scottish Office
27th January 1998


text:
Citation and commencement
1
These Regulations may be cited as the Rail Vehicle (Exemption Applications) Regulations 1998 and shall come into force on 1st November 1998.
Interpretation
2
In these Regulations —
“application” means an application for an exemption;
“exemption” means an exemption under section 47 of the Act from any relevant requirement;
“relevant requirement” means any requirement of the Rail Vehicle Accessibility Regulations 1998 with which a rail vehicle is required to conform; and
“the Act” means the Disability Discrimination Act 1995.
Manner of making exemption applications
3
Every application shall be made in writing to the Secretary of State and shall contain the particulars specified in the Schedule to these Regulations.
Period and revocation of exemptions
4
1
An exemption shall continue in force for such period as may be specified in the exemption, but may be revoked by notice by the Secretary of State —
a
at any time if the operator of the relevant regulated rail vehicle so requests; or
b
forthwith if (having consulted the operator) the Secretary of State is satisfied that the operator has failed to comply with any restriction or condition subject to which the exemption was granted.
2
Before giving a notice pursuant to paragraph (1) above the Secretary of State shall consult the Disabled Persons Transport Advisory Committee.


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


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of East Northamptonshire (Electoral Changes) Order 1998.
2
This Order shall come into force for all purposes on 6th May 1999, except that for the purpose of all proceedings preliminary or relating to an election to be held on or after that date this Order shall come into force on 10th October 1998.
3
In this Order–
“the district” means the district of East Northamptonshire;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to “the map” is a reference to the map prepared by the Department of the Environment, Transport and the Regions, marked “Map of the District of East Northamptonshire (Electoral Changes) Order 1998”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of East Northamptonshire
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes, or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or other similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Raunds
3
1
The existing wards of the parish of Raunds shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Revocation
4
The District of East Northamptonshire (Electoral Arrangements) Order 1976 is hereby revoked.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
8th October 1998