type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 1998 and shall come into force on 1st June 1998.
Preliminary
2
1
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the following provisions of these Regulations.
2
The Secretary of State is satisfied that —
a
it is requisite that the provisions of these Regulations shall apply as from 1st June 1998 to vehicles registered under the Vehicle Excise and Registration Act 1994 before the expiration of one year from the making of these Regulations; and
b
notwithstanding that the said provisions will then apply to those vehicles, no undue hardship or inconvenience will be caused thereby.
Amendment of regulation 3 (interpretation)
3
In the Table in regulation 3(2), in paragraph (ii) of the definition of “overall length”, for the words “regulations 7 and 13A” there shall be substituted “regulations 7, 13A, 13B and 13C”.
Amendment of regulation 7 (length)
4
1
Regulation 7 shall be amended as follows.
2
In the Table in paragraph (1) —
a
for items 1 and 1A there shall be substituted —
1 A motor vehicle (other than a motor vehicle such as is mentioned in item 1A) drawing one trailer which is not a semi-trailer. 18.75 1A Subject to paragraph (3C), a motor vehicle manufactured before 1st June 1998 and drawing one trailer, where the combination does not meet the requirements of paragraph (5A) and the trailer is not a semi-trailer. 18
;
and
b
in item 3 after the words “the requirements of” there shall be inserted “para-graph (6)”.
3
After paragraph (3B) there shall be inserted the following paragraph —
3C
Item 1A and the words “(other than a motor vehicle such as is mentioned in item 1A)” in item 1 of the Table shall cease to have effect after 31st December 2006.
4
After paragraph (5) there shall be inserted the following paragraph —
5XA
A motor vehicle drawing a trailer which is not a semi-trailer shall (unless it is a vehicle such as is mentioned in item 1A of the Table in paragraph (1)) comply with the requirements of paragraph (5A).
The words in parenthesis in this paragraph shall cease to have effect after 31st December 2006.
5
In paragraph (5A)(b) for “16 m” there shall be substituted “16.4 m”.
6
In paragraph (7A) for the words from “as the distance from” to the end of the paragraph there shall be substituted —
a
in relation to a vehicle which was manufactured after 1st June 1998, as a reference to the foremost king-pin or, as the case may be, the foremost king-pin position; and
b
in relation to any other vehicle, as a reference to the rearmost king-pin or, as the case may be, the rearmost king-pin position.
Amendment of regulation 10C (interpretation of regulations 10A and 10B — warning devices for high level equipment)
5
In regulation 10C(6)(d)(i) after the words “drawn by”, where they first occur, there shall be inserted “it”.
Amendment of regulation 11 (overhang)
6
In regulation 11 after paragraph (2) there shall be inserted the following paragraph —
3
A heavy motor car shall be taken to comply with the requirements of paragraph (1) if it meets the requirements of paragraph 7.6.2 of Annex I of Community Directive 97/27 .
Amendment of regulation 13 (turning circle — buses)
7
1
Regulation 13 shall be amended as follows.
2
In paragraph (2) —
a
after “so that” there shall be inserted “, both with and without all its wheels in contact with the ground,”; and
b
for “12 m” there shall be substituted “12.5 m”.
3
After paragraph (2) there shall be inserted the following paragraph —
2A
In relation to a vehicle manufactured before 1st June 1998 paragraph (2) shall have effect as if the words “, both with and without all its wheels in contact with the ground,” were omitted.
4
In paragraph (3) for “12 m” there shall be substituted “12.5 m”.
Amendment of regulation 13A (turning circle — articulated vehicles other than those incorporating a car transporter)
8
1
Regulation 13A shall be amended as follows.
2
In paragraph (4) —
a
after the words “so that,” there shall be inserted “both with and without all its wheels in contact with the surface of the road and”; and
b
for the words “paragraph (i)(a) to (m) in the definition of “overall width”” there shall be substituted “paragraphs (a) to (m) in the definition of “overall width” and in paragraph (i)(a) to (o) in the definition of “overall length””.
3
After paragraph (4) there shall be inserted the following paragraphs —
5
In relation to a vehicle manufactured before 1st June 1998 paragraph (4) shall have effect as if the words “both with and without all its wheels in contact with the surface of the road and” were omitted.
6
An articulated vehicle shall be taken to comply with paragraph (4) if the semi-trailer comprised in it is, by virtue of paragraph 7.6.1.2 of Annex 1 of Community Directive 97/27/ EC , deemed to comply with paragraph 7.6.1 of that Annex.
Amendment of regulation 13B (turning circle — articulated vehicles incorporating a car transporter)
9
1
Regulation 13B shall be amended as follows.
2
In paragraph (4) —
a
after the words “so that,” there shall be inserted “both with and without all its wheels in contact with the surface of the road and”; and
b
for the words “paragraph (i)(a) to (m) in the definition of “overall width”” there shall be substituted “paragraphs (a) to (m) in the definition of “overall width” and in paragraph (i)(a) to (o) in the definition of “overall length””.
3
After paragraph (4) there shall be inserted the following paragraphs —
5
In relation to a vehicle manufactured before 1st June 1998 paragraph (4) shall have effect as if the words “both with and without all its wheels in contact with the surface of the road” were omitted.
6
An articulated vehicle shall be taken to comply with paragraph (4) if the semi-trailer comprised in it is, by virtue of paragraph 7.6.1.2 of Annex 1 of Community Directive 97/27/EC , deemed to comply with paragraph 7.6.1 of that Annex.
Turning circle — heavy motor car
10
After regulation 13B there shall be inserted the following regulation —
Turning circle — heavy motor car
13C
1
This regulation applies to a vehicle which —
a
is a heavy motor car or a vehicle combination which consists of a heavy motor car drawing one trailer which is not a semi-trailer;
b
was manufactured or, in the case of a vehicle combination, the part consisting of a heavy motor car, was manufactured after 31st May 1998; and
c
is not a vehicle falling within any of the descriptions specified in paragraph (2).
2
The descriptions of vehicle referred to in paragraph (1)(c) are —
a
a vehicle having 4 or more axles where the distance between the foremost and rearmost axles exceeds 6.4 metres;
b
a vehicle or a vehicle combination to which regulation 13, 13A or 13B applies;
c
a vehicle constructed and normally used for the carriage of indivisible loads of abnormal length.
3
Every vehicle to which this regulation applies shall be able to move on either lock so that, both with and without all its wheels in contact with the surface of the road and disregarding the things set out in paragraphs (a) to (m) in the definition of “overall width” and in paragraph (i)(a) to (o) in the definition of “overall length” in the Table in regulation 3(2), no part of it projects outside the area contained between concentric circles with radii of 12.5 m and 5.3 m.
Amendment of regulation 35 (speedometers)
11
In regulation 35(3) for the words “Community Directive 75/443” there shall be substituted “Community Directive 97/39” .
Amendment of regulation 49 (Rear under-run protection)
12
In regulation 49(6) for the words “Community Directive 79/490” there shall be substituted “Community Directive 97/19” .
Plate relating to dimensions
13
After regulation 70A there shall be inserted the following regulation —
Plate relating to dimensions
70B
1
This regulation applies to a vehicle which is not a goods vehicle fitted in accordance with regulation 70 with a Ministry plate containing the particulars required by Schedule 10A or 10C and which is either —
a
a bus or a heavy motor car and which was manufactured after 31st May 1998; or
b
a trailer used in combination with a vehicle falling within paragraph (a) and manufactured after 31st May 1998.
2
A vehicle to which this regulation applies shall not be used unless —
a
the vehicle is equipped with a plate securely attached to the vehicle in a conspicuous and readily accessible position and containing the particulars as to the dimensions of the vehicle specified in Annex III of Community Directive 96/53/EC ; or
b
those particulars are included in the particulars shown on the plate with which the vehicle is equipped in accordance with regulation 66.
Amendment of Schedule 2 (Community directives)
14
1
Schedule 2 shall be amended as follows.
2
After item 73 there shall be inserted the following items —
74 96/53 25.7.96 L 234, 17.9.96, p.59 Maximum dimensions in national and international traffic and maximum weights in international traffic 75 97/19 18.4.97 L 125, 16.5.97, p.1 Liquid fuel tanks and rear under-run protection of motor vehicles and their trailers 70/221 as amended by 79/490 and 81/333 76 97/27 22.7.97 L 233, 25.8.97, p.1 Masses and dimensions of certain categories of vehicle and their trailers 77 97/39 27.4.97 L 177, 5.7.97, p.15 Reverse and speedometer equipment of motor vehicles 75/443
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Helene Hayman
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
7th May 1998


text:
Title and commencement
1
These Regulations may be cited as the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1998 and shall come into force on 8th May 1998.
Amendment of the Seeds (National Lists of Varieties) (Fees) Regulations 1994
2
For the Schedules to the Seeds (National Lists of Varieties) (Fees) Regulations 1994 there shall be substituted the Schedules set out in the Schedule to these Regulations.
Donoughue
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
7th April 1998
Sewel
Parliamentary Under Secretary of State, Scottish Office
8th April 1998
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
7th April 1998
Dubs
Parliamentary Under Secretary of State, Northern Ireland Office
8th April 1998


text:
1
These Regulations may be cited as the Civil Aviation (Route Charges for Navigation Services) (Amendment) Regulations 1998 and shall come into force on 1st July 1998.
2
For Schedule 2 to the Civil Aviation (Route Charges for Navigation Services) Regulations 1997 there shall be substituted —
Schedule 2
SPECIFIED AIRSPACES
Regulations 3(1), 4(3) and 6(1)
(1) (2) (3) (4) Country Publication in which FIRS are described Unit Rate in ECUs Established at a Rate of exchange of
*
Excluding Shanwick FIR
Austria AIP Austria 54.07 1 ECU = 13.79612 Sch Belgium and Luxembourg AIP Belgique 78.46 1 ECU = 40.46577 BF Bulgaria AIP Bulgaria 60.32 Croatia AIP Croatia 47.44 1 ECU = 6.896589 HRK Cyprus AIP Cyprus 25.39 1 ECU = 0.580735 £Cy Czech Republic AIP Czech Republic 45.28 1 ECU = 36.79034 CZK Denmark AIP Denmark 52.08 1 ECU = 7.465173 Kr France AIP France (France Métropolitaine) 61.61 1 ECU = 6.588673 FF Germany AIP Germany 66.81 1 ECU = 1.960314 DM Greece AIP Greece 25.85 1 ECU = 309.0668 Dra Hungary AIP Hungary 24.84 1 ECU = 214.7737 Hf Ireland, Republic of AIP Ireland 21.76 1 ECU = 0.740373 £Ir Italy AIP Italy 65.24 1 ECU = 1912.460 L Malta AIP Malta 34.56 1 ECU = 0.435052 Lm Netherlands AIP Netherlands 45.70 1 ECU = 2.207741 G Norway AIP Norway 49.43 1 ECU = 8.011991 KR Portugal AIP Portugal Lisbon FIR-39.82 Santa Maria FIR-14.75 1 ECU = 199.1187 Esc Romania AIP Romania 36.98 Slovakia AIP Slovakia 68.06 1 ECU = 37.63354 SKK Slovenia AIP Slovenia 65.25 1 ECU = 184.0652 SIT Spain AIP España Madrid & Barcelona FIR-48.05 Canaries FIR-46.15 1 ECU = 165.3699 Pts Sweden AIP Sweden 49.45 1 ECU = 8.435991 SKr Switzerland AIP Switzerland 74.42 1 ECU = 1.613105 SF Turkey AIP Turkey 41.15 United Kingdom United Kingdom Air Pilot 79.52 1 ECU = £0.684627
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Glenda Jackson
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
22nd June 1998


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities (Exemption) (Luton Borough Council) Order 1998 and shall come into force on 20th March 1998.
Exemption of catering for purposes of schools and welfare
2
Catering for purposes of schools and welfare by the council of the borough of Luton shall not be treated as a defined activity so long as it is carried out in their area during the period beginning with 1st April 1998 and ending on 31st August 1998.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
18th February 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of South Somerset (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 10th October 1998.
3
In this Order —
“the district” means the district of South Somerset;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to “the map” is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the District of South Somerset (Electoral Changes) Order 1998”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of South Somerset
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into thirty-nine 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 that 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.
Chard parish
3
1
The existing wards of the parish of Chard shall be abolished.
2
The parish shall be divided into five parish wards which shall bear the names Chard Avishayes, Chard Combe, Chard Crimchard, Chard Holyrood and Chard Jocelyn and each parish ward shall comprise the area of the ward of the district bearing the same name and the number of councillors to be elected for each parish ward shall be three.
Yeovil parish
4
1
The existing wards of the parish of Yeovil 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 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 six.
Wards of the parish of East Coker
5
1
The parish of East Coker shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3.
2
The parish wards shall comprise the areas described in column (2) of the Schedule by reference to wards of the district, and the numbers 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 Huish Episcopi
6
1
The parish of Huish Episcopi shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 4.
2
The parish wards shall comprise the areas described in column (2) of the Schedule by reference to wards of the district, and the numbers 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 Mudford
7
1
The parish of Mudford shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 5.
2
The parish wards shall comprise the areas described in column (2) of the Schedule by reference to wards of the district, and the numbers 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 Stoke sub Hamdon
8
1
The parish of Stoke sub Hamdon shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 6.
2
The parish wards shall comprise the areas described in column (2) of the Schedule by reference to wards of the district, and the numbers 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 West Coker
9
1
The parish of West Coker shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 7.
2
The parish wards shall comprise the areas described in column (2) of the Schedule by reference to wards of the district, and the numbers of councillors to be elected for each parish ward shall be the number specified in column (3) of that Schedule.
Revocation
10
The District of South Somerset (Electoral Arrangements) Order 1988 is hereby revoked.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,Department of the Environment,Transport and the Regions
5th October 1998


text:
1
These Regulations may be cited as the Outer Space Act 1986 (Fees) (Amendment) Regulations 1998 and shall come into force on 30 September 1998.
2
Paragraph (2) of regulation 3 of the Outer Space Act 1986 (Fees) Regulations 1989 is amended by substituting the sum of £6,500 for the sum of £1,000 specified in that paragraph.
Sainsbury of Turville
Parliamentary Under Secretary of State for Science,
Department of Trade and Industry
14th August 1998


text:
1
These Regulations may be cited as the Judicial Pensions (Transfer Between Judicial Pension Schemes) (Amendment) Regulations 1998 and shall come into force on 2nd November 1998.
2
For regulation 6(1)(d) of the Judicial Pensions (Transfer Between Judicial Pension Schemes) Regulations 1995 substitute —
d
D is the salary of the office that the member held while a member of the immediately following former scheme or the last existing scheme, as appropriate, at the date of transfer into that scheme.
Lord Irvine of Lairg, C.
Dated 1st October 1998
Donald C. Dewar
One of Her Majesty’s Principal Secretaries of State
Dated 8th October 1998
We concur
Jim Dowd
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 14th October 1998


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Lake District) Designation (Amendment) (No. 2) Order 1998 and shall come into force on 16th October 1998.
Interpretation
2
In this Order, “the principal Order ” means the Environmentally Sensitive Areas (Lake District) Designation Order 1993 .
Amendment of the principal Order
3
The principal Order shall have effect as if, in article 2 of the Environmentally Sensitive Areas (Lake District) Designation (Amendment) Order 1998 , for the words “the Environmentally Sensitive Areas (Lake District) Designation (Amendment) Order 1993” there were substituted “the Environmentally Sensitive Areas (Lake District) Designation Order 1993”.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
30th August 1998
We consent,
Bob Ainsworth
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
25th August 1998


text:
Citation and commencement
1
These Regulations may be cited as the Jobseeker’s Allowance Amendment (New Deal) Regulations 1998 and shall come into force on the day after the day on which they are made.
Full-time students undertaking a qualifying course
2
1
Regulation 17A of the Jobseeker’s Allowance Regulations 1996 (further circumstances in which a person is to be treated as available: full-time students undertaking a qualifying course) shall be amended in accordance with the following paragraphs of this regulation.
2
At the beginning of paragraph (2)(b), there shall be inserted the words “subject to paragraph (2A),”.
3
After paragraph (2) there shall be inserted the following paragraph–
2A
A person who has been receiving benefit in accordance with paragraph (b) of the definition of “receiving benefit” in paragraphs (7) shall, for the purposes of paragraph (2)(b), be treated as having received benefit within a jobseeking period.
.
4
In the definition of “benefit” in paragraph (7), for the words from “receiving benefit” (in the second place where those words occur) to the end of the definition there shall be substituted the following–
receiving–
benefit which that person has claimed and received as an unemployed person or in accordance with Part I of the Act; or
income support which that person has claimed and received as an asylum seeker pursuant to regulation 70(3A) of the Income Support Regulations but only to the extent that–
any periods in respect of which he was in receipt of income support as an asylum seeker pursuant to regulation 70(3A) of the Income Support Regulations link with the jobseeking period which includes the date on which he started, or is due to start, the qualifying course and for this purpose, such periods shall link where they are separated by a period of 12 weeks or less in respect of which he was not in receipt of income support; and
he is, at the date he started, or is due to start, the qualifying course, a person to whom paragraph (7A) applies;
.
5
After paragraph (7), there shall be inserted the following paragraphs–
7A
Subject to paragraph (7B), this paragraph shall apply in the case of a person–
a
who–
i
is a refugee within the definition of Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 , as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967 ; or
ii
has been granted exceptional leave –
aa
to enter the United Kingdom by an immigration officer appointed for the purposes of the Immigration Act 1971 ; or
bb
to remain in the United Kingdom by the Secretary of State; and
b
who was in receipt of income support as an asylum seeker pursuant to regulation 70(3A) of the Income Support Regulations at any time during the period of 12 weeks immediately preceding the beginning of the jobseeking period which includes the date on which he started, or is due to start, the qualifying course.
7B
Paragraph (7A) shall include a person who has been recorded as a refugee by the Secretary of State within the definition in sub-paragraph (a) of that paragraph and whose claim for income support was determined in accordance with regulation 21ZA(2) or (3) of the Income Support Regulations (treatment of refugees).
.
Signed by authority of the Secretary of State for Education and Employment
Andrew Smith
Minister of State,
Department for Education and Employment
23rd November 1998


text:
Citation and commencement
1
This Order may be cited as the Derbyshire Royal Infirmary National Health Service Trust (Dissolution) Order 1998 and shall come into force on 1st April 1998.
Dissolution of NHS trust
2
The Derbyshire Royal Infirmary National Health Service Trust established by the Derbyshire Royal Infirmary National Health Service Trust (Establishment) Order 1993 is dissolved, and accordingly that Order is revoked.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State
Department of Health
18th March 1998


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


text:
Citation and commencement
1
These Regulations may be cited as the Local Authorities (Capital Finance) (Amendment No. 3) Regulations 1998, and shall come into force on 1st September 1998.
Amendment of Regulations
2
The Local Authorities (Capital Finance) Regulations 1997 shall be amended in accordance with regulations 3 to 11 and 12(1) of these Regulations.
Expenditure to be expenditure for capital purposes
3
Insert the following regulation after regulation 8 —
Expenditure by participant authorities on voluntary payments to designated authorities
8A
Expenditure by a local authority on making a payment as a participant authority under regulation 8(1) of the Local Government Changes for England (Payments to Designated Authorities) (Minimum Revenue Provision) Regulations 1995 shall be expenditure for capital purposes.
.
Sums to be capital receipts
4
Insert the following regulation after regulation 58 —
Voluntary payments by participant authorities to designated authorities
58A
A sum received by a local authority as a designated authority which is paid to them by another local authority under regulation 8(1) of the Local Government Changes for England (Payments to Designated Authorities) (Minimum Revenue Provision) Regulations 1995 shall be a capital receipt.
.
Reserved part of capital receipts — interpretation
5
In regulation 64, after the definition of “nil per cent. receipt” insert the following definition —
“housing land” means any land, house or other building in respect of which sums fall to be credited or debited in accordance with section 74 (duty to keep Housing Revenue Account);
.
Reserved part of non-housing capital receipts
6
Insert the following regulation after regulation 64 —
Reserved part of non-housing capital receipts
64A
1
Subject to paragraph (2), the reserved part shall be nil per cent. in the case of any capital receipt other than a capital receipt which is received in respect of a disposal of housing land.
2
This regulation does not apply to a capital receipt which is of a description for which the reserved part is specified in any of the following provisions of this Part.
.
Capital receipts of debt-free authorities
7
In regulation 65 —
a
for sub-paragraphs (c) and (d) of paragraph (2) substitute the following —
and
c
paragraph (3) applies to the receipt.
; and
b
after paragraph (2) add the following paragraph —
3
This paragraph applies to a capital receipt where —
a
apart from this regulation, the capital receipt would have a reserved part greater than nil per cent. by virtue of regulation 66, 66A, 68A or 72;
b
the receipt is derived from a disposal made by virtue of Part V of the Housing Act 1985 (the right to buy) of a dwelling provided under Part II of that Act (provision of housing accommodation); or
c
the receipt is derived from a disposal of any housing land other than a dwelling provided under Part II of that Act.
.
Disposal of share and loan capital
8
In regulation 66 —
a
in paragraph (2), for sub-paragraph (c) substitute the following sub-paragraphs —
c
is in a company to which the authority has at any time made a disposal of an asset other than housing land, and was either acquired as consideration for that disposal, or, where that disposal was in consideration for the issue of share capital or loan capital in the company, acquired at any time after that disposal;
cc
is in a company which, at the time of the disposal, is carrying on the business of operating an airport and is not a public airport company, and which, at the time when the authority acquired the capital, was carrying on the business of operating an airport or was in the course of taking over that business from the authority;
and
b
omit paragraphs (3) and (4).
Disposal of investments
9
Insert the following regulation after regulation 66 —
Disposal of investments
66A
The reserved part shall be 50 per cent. in the case of a capital receipt, other than a nil per cent. receipt, which is received in respect of a disposal of an investment which is not an investment in share capital or loan capital in a body corporate.
.
Reserved part of voluntary payments received by designated authorities
10
Insert the following regulation after regulation 68 —
Voluntary payments by participant authorities to designated authorities
68A
The reserved part shall be 100 per cent. in the case of a sum which is a capital receipt by virtue of regulation 58A and is not a nil per cent. receipt.
.
Commutation adjustments to minimum revenue provision
11
Add the following paragraph at the end of regulation 138 —
3
In relation to a local authority which is a designated authority for the purposes of the Local Government Changes for England (Payments to Designated Authorities) (Minimum Revenue Provision) Regulations 1995, A in the formula in paragraph (1) shall be reduced by the amount, if any, by which the component in respect of principal calculated for the financial year concerned in accordance with paragraph 2 of the Schedule to those Regulations is reduced by virtue of paragraph 3 of that Schedule.
.
Revocations
12
1
Regulations 60, 70, 71, 73, 74 and 75 are revoked.
2
Regulation 9 of the Local Government Changes for England (Payments to Designated Authorities) (Minimum Revenue Provision) Regulations 1995 is revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
4th August 1998
Signed by authority of the Secretary of State for Wales
Peter Hain
Parliamentary Under-Secretary of State, Welsh Office
6th August 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the School Standards and Framework Act 1998 (Intervention in Schools Causing Concern) (Modification) Regulations 1998, and shall come into force on 1st October 1998.
2
In these Regulations –
“the 1998 Act ” means the School Standards and Framework Act 1998; and
“the 1996 Act ” means the Education Act 1996 .
3
Any reference in these Regulations to a county, controlled, grant maintained, maintained special, maintained nursery school or voluntary school shall be construed in accordance with the 1996 Act.
Modification of the 1998 Act
2
1
In relation to any time before the appointed day (as defined in section 20(7) of the 1998 Act) the 1998 Act shall have effect subject to the modifications set out in paragraphs (2) to (10) below.
2
a
Sections 14 to 17 shall have effect as if any reference in those provisions to a maintained school were a reference to a county, controlled, maintained special or maintained nursery school;
b
section 18 shall have effect as if any reference to a maintained school were a reference to a county, voluntary, maintained special or maintained nursery school; and
c
section 19 shall have effect as if any reference to a maintained school were a reference to a county, voluntary, maintained special, maintained nursery or grant maintained school.
3
Section 17(1)(b) shall have effect as if the reference to Part II (of the 1998 Act) were a reference to Chapter V of Part II of the 1996 Act.
4
Section 17(6) shall have effect as if the reference to the suspension (of a delegated budget) were a reference to such a suspension under section 117 of the 1996 Act, but section 118 of that Act (right of appeal) shall not apply to any such suspension.
5
Section 18 shall have effect as if –
a
the reference in subsection (5) to Part II of Schedule 9 (to the 1998 Act) were a reference to Schedule 8 to the 1996 Act; and
b
the references in subsection (6)(a) to section 17(1) of, and paragraph 1 of Schedule 15 to, the 1998 Act were references to section 117 of the 1996 Act.
6
Section 19(1) shall have effect, until 1st April 1999, as if the words “or to the Funding Agency for Schools” were inserted after the words “the local education authority”.
7
Section 19(2)(a) shall have effect, in the case of a grant maintained school, until 1st April 1999, as if the words “the Funding Agency for Schools” were substituted for the words “the local education authority”.
8
Section 19(2)(b) and (c) shall have effect as if any reference to a voluntary aided school included a reference to a grant maintained school having foundation governors.
9
Section 19(4) shall have effect –
a
in the case of a county, voluntary, maintained special or maintained nursery school, as if the references to sections 29 to 33 (of the 1998 Act) were references to sections 167 and 173 of the 1996 Act; and
b
until 1st April 1999, in the case of a grant maintained school, as if any reference to the local education authority were a reference to the Funding Agency for Schools; and nothing in section 268 of the 1996 Act shall apply to the discontinuance of a grant maintained school.
10
Section 19(5) shall have effect, until 1st April 1999, as if any reference to the local education authority ceasing to maintain a school included, in the case of a grant maintained school, a reference to the Funding Agency for Schools ceasing to maintain it.
Andrew Smith
Minister of State,
Department for Education and Employment
14th September 1998


text:
1
This Order may be cited as the A406 Trunk Road (Hanger Lane and Ashbourne Road, Ealing) (Prohibition of Right-turn) Order 1998 and shall come into force on 6th February 1998.
2
In this Order:
“Ashbourne Road” means the road of that name in the London Borough of Ealing; and
“Hanger Lane” means that length of the A406 Trunk Road in the London Borough of Ealing known as Hanger Lane.
3
Save as provided in article 4 below, no person shall cause or permit any vehicle —
a
proceeding northwards in Hanger Lane to make a right-turn into Ashbourne Road; or
b
having entered Hanger Lane from Ashbourne Road to proceed in any direction other than southwards.
4
Nothing in article 3 above shall apply to —
a
any vehicle being used for Police, Fire Brigade or Ambulance purposes, if the observance of that provision would be likely to hinder the use of the vehicle for the purpose for which it is being used on that occasion; 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 AgencyLondon Network and Customer Services Division
4th February 1998


text:
1
This Order may be cited as the Value Added Tax (Special Provisions) (Amendment) Order 1998 and shall come into force on 18th March 1998.
2
The Value Added Tax (Special Provisions) Order 1995 shall be amended in accordance with the following provisions of this Order.
3
In article 2 (Interpretation) for “the Value Added Tax and other Taxes Act 1973” there shall be substituted “the Value Added Tax Act 1996” .
4
In article 5(1)(a)(ii) and article 5(1)(b)(iii) for “section 2(2)” there shall be substituted “section 3(1)”.
5
In article 12(4)(b)(i) and article 12(8) for “(3)(a)(iv)” there shall be substituted “(3)(a)(v)”.
6
1
After article 12(5)(a)(iv) there shall be inserted —
v
(where the taxable person took possession of the goods pursuant to a transaction relating to the transfer of the assets of a business or part of a business as a going concern which was treated by virtue of any Order made or having effect as if made under section 5(3) of the Act, or under the corresponding provisions of the Manx Act, as neither a supply of goods nor a supply of services) as being the price at which the earliest of his predecessors obtained the goods;
2
After article 12(5)(b) there shall be added —
;
c
in relation to any goods, a person is the predecessor of another for the purposes of this article if —
i
that other person is a person to whom he has transferred assets of his business by a transfer of that business, or a part of it, as a going concern;
ii
those assets consisted of or included those goods; and
iii
the transfer of the assets is one falling by virtue of an Order made or having effect as if made under section 5(3) of the Act, or under the corresponding provisions of the Manx Act, to be treated as neither a supply of goods nor a supply of services;
and the reference in sub-paragraph (a) above to a person’s predecessors includes a reference to the predecessors of his predecessors through any number of transfers.
Graham Allen
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
17th March 1998


text:
1
These Regulations may be cited as the Insurance Companies (Overseas Life Assurance Business) (Compliance) (Amendment) Regulations 1998 and shall come into force on 6th April 1999.
2
In regulation 2(1) of the Insurance Companies (Overseas Life Assurance Business) (Compliance) Regulations 1995 —
a
after the definition of “branch” there shall be inserted the following definition —
“individual savings account business” has the meaning given by regulation 3 of the Individual Savings Account (Insurance Companies) Regulations 1998 ;
;
b
in the definition of “relevant business”, for the words “which is neither pension business nor”, in both places where they occur, there shall be substituted “other than pension business, individual savings account business or”.
S C T Matheson
Tim Flesher
Two of the Commissioners of Inland Revenue
31st July 1998


text:
Citation and commencement
1
This Order may be cited as the Bromley Hospitals National Health Service Trust (Establishment) Amendment Order 1998 and shall come into force on 18th May 1998.
Amendment of Establishment Order
2
1
For Article 3 of the Bromley Hospitals National Health Service Trust (Establishment) Order 1992 there shall be substituted the following Article: —
Nature and functions of the trust
3
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more Health Authorities) shall be —
a
to own and manage pursuant to section 5(1)(a) of the Act the premises specified in Part I of the Schedule to this Order, and there to provide hospital accommodation and services;
b
to provide and manage pursuant to section 5(1)(b) of the Act the premises specified in Part II of the Schedule to this Order, and there to provide hospital accommodation and services.
.
2
At the end of that Order there shall be added the Schedule set out in the Schedule to this Order.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,
Department of Health
5th May 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Fund Winter Fuel Payment Regulations 1998 and shall come into force on 16th January 1998.
2
In these Regulations —
“the Administration Act ” means the Social Security Administration Act 1992;
“constant attendance allowance” means —
an increase of disablement pension under section 104 of the Contributions and Benefits Act ;
an increase of an allowance which is payable in respect of constant attendance under paragraph 6(4)(b) of Schedule 8 to that Act;
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992;
“graduated retirement benefit” means the benefit to which section 62 of the Contributions and Benefits Act applies;
“income-based jobseeker’s allowance” has the same meaning in these Regulations as it has in the Jobseekers Act 1995 by virtue of section 1(4) of that Act;
“the Income Support Regulations ” means the Income Support (General) Regulations 1987 ;
“industrial death benefit” means a benefit to which Part VI of Schedule 7 to the Contributions and Benefits Act refers;
“the Jobseeker’s Allowance Regulations ” means the Jobseeker’s Allowance Regulations 1996 ;
“married couple” means a man and woman who are married to each other and are members of the same household;
“partner” means where a person —
is a member of a married or an unmarried couple living in the same household, the other member of that couple;
is married polygamously to two or more members of his household, any such member living in the same household;
“the qualifying week” means the week beginning on 5th January 1998;
“retirement pension” for the purposes of regulation 2(6) means a retirement pension to which Parts II and III of the Contributions and Benefits Act refer;
“unmarried couple” means a man and woman who are not married to each other but are living together as husband and wife;
“winter fuel payment” means a payment made under these Regulations out of the social fund, to meet expenses for heating pursuant to section 138(2) of the Contributions and Benefits Act.
3
Whether in any case a person is or is not to be treated as being a member of a household is to be determined in accordance with regulation 16 of the Income Support Regulations .
4
In these Regulations, unless the context otherwise requires, a reference —
a
to a numbered regulation is to the regulation in these Regulations bearing that number;
b
in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number.
Prescribed description of persons
2
1
Subject to regulation 3, a winter fuel payment shall be paid to persons who come within either of the categories specified in paragraph (2) or (5) below.
2
Except in the case of a person to whom paragraph (3) applies, the first category comprises persons to whom in respect of any day in the qualifying week —
a
income support is payable and whose applicable amount includes one or more of the premiums specified in paragraphs 9, 9A or 10 of Schedule 2 to the Income Support Regulations ; or
b
income-based jobseeker’s allowance is payable and whose applicable amount includes one or more of the premiums specified in paragraphs 10 to 12 of Schedule 1 to the Jobseeker’s Allowance Regulations .
3
Subject to paragraph (4), persons to whom income support or income-based jobseeker’s allowance is payable and whose applicable amount includes the allowance specified in paragraph 2A of Schedule 2 to the Income Support Regulations or paragraph 3 of Schedule 1 to the Jobseeker’s Allowance Regulations (residential allowance) as the case may be, shall not be entitled to a winter fuel payment.
4
Paragraph (3) shall not have effect in the case of a person or his partner whose applicable amount includes a residential allowance while temporarily residing in accommodation to which —
a
paragraph 9(a)(i) or (ii) of column (1) in Schedule 7 to the Income Support Regulations refers and that person’s partner is a person to whom paragraph 9(b)(i) or (ii) applies;
b
paragraph 5(a)(i) or (ii) of column (1) in Schedule 5 to the Jobseeker’s Allowance Regulations refers and that person’s partner is a person to whom paragraph 5(b)(i) or (ii) applies;
c
paragraph 10(a) or (b) of column (1) in Schedule 7 to the Income Support Regulations refers or, as the case may be, paragraph 6(a) or (b) of column (1) in Schedule 5 to the Jobseeker’s Allowance Regulations, applies.
5
Except in the case of a person to whom paragraph (3) applies or is excluded by virtue of paragraph (7), the second category comprises persons who, in respect of any day falling within the qualifying week, are ordinarily resident in Great Britain and who fall within any of the classes of persons to which paragraph (6) refers.
6
The classes of persons to which this paragraph refers are men aged 65 or over and women aged 60 or over to whom any of the following benefits or pensions is payable in respect of a period which includes a day in the qualifying week —
a
attendance allowance, constant attendance allowance, disability living allowance, incapacity benefit , industrial death benefit, invalid care allowance or severe disablement allowance under the Contributions and Benefits Act;
b
income-based jobseeker’s allowance, where the claimant’s applicable amount is determined in accordance with paragraph 3 of Schedule 5 to the Jobseeker’s Allowance Regulations;
c
income support, where the claimant’s applicable amount is determined in accordance with paragraph 6 of Schedule 7 to the Income Support Regulations;
d
retirement pension or graduated retirement benefit;
e
unemployability supplement under Part I of Schedule 7 to the Contributions and Benefits Act or paragraph 6(4)(a) of Schedule 8 to that Act;
f
war disablement pension, war widow’s pension or temporary allowance to widows of severely disabled war pensioners under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983 or payable by virtue of any Scheme made under —
i
the Personal Injuries (Emergency Provisions) Act 1939 ;
ii
the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 ;
iii
the Polish Resettlement Act 1947 ; or
iv
the Reserve Forces Act 1980 ; and
g
widowed mother’s allowance or a widow’s pension under section 37 or 38 of the Contributions and Benefits Act.
7
Except in the case of persons to whom paragraph (8) refers, the persons excluded by this paragraph are —
a
persons and the partners of persons to whom paragraph (2) applies;
b
hospital in-patients to whom regulation 6 of the Social Security (Hospital In-Patients) Regulations 1975 (adjustment of personal benefit after 52 weeks in hospital ) applies;
c
persons to whom income support or income-based jobseeker’s allowance is payable by virtue of —
i
regulation 19 of the Income Support Regulations or regulation 86 of the Jobseeker’s Allowance Regulations (persons in residential care and nursing homes); or
ii
regulation 21 of the Income Support Regulations or regulation 85 of the Jobseeker’s Allowance Regulations and either —
aa
paragraph 13 of Schedule 7 to the Income Support Regulations or paragraph 15 of Schedule 5 to the Jobseeker’s Allowance Regulations (persons in residential accommodation); or
bb
paragraph 13A or 13B of Schedule 7 to the Income Support Regulations (Polish resettlement);
d
persons in respect of whom a deduction is being made by the Secretary of State from an award under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983 or the Personal Injuries (Civilians) Scheme 1983 or under any other Scheme made under any of the Acts specified in paragraph (6)(f), where such persons have been maintained in a hospital or similar institution for a continuous period exceeding 52 weeks.
8
Paragraph (7)(c)(ii)(aa) shall not have effect to exclude persons from entitlement to a winter fuel payment where the person concerned is temporarily in local authority accommodation under paragraph 10B(1) or (2) of Schedule 7 to the Income Support Regulations .
Prescribed amount
3
1
Subject to paragraphs (2) to (4), winter fuel payments shall be of the following amounts —
a
in the case of a person to whom regulation 2(2) applies, £50;
b
in the case of a person to whom regulation 2(5) applies —
i
who is living in a household where there is no other person in that household who is entitled to a payment under this regulation, £20;
ii
who is of no fixed abode, £20; or
iii
in every other case, £10.
2
Where a person falls within both of the categories of persons to which regulation 2(2) or (5) refers, payment shall be made under paragraph (1)(a) only.
3
Subject to paragraph (4), where a person falls within more than one class of person to which regulation 2(6) refers only one payment shall be made under paragraph (1)(b).
4
Where a person who has received a payment under paragraph (1)(b) is subsequently awarded income support or income-based jobseeker’s allowance in respect of the qualifying week, he shall be paid the difference between the amount he and his partner, if any, have already received and the amount to which paragraph (1)(a) refers.
Official records
4
1
Subject to paragraph (2), official records held by the Secretary of State as to a person’s circumstances shall be sufficient evidence thereof for the purpose of deciding his entitlement to a winter fuel payment and its amount.
2
Paragraph (1) shall not apply so as to exclude a review of the decision under section 25 of the Administration Act or the consideration on that review of fresh evidence.
Signed by authority of the Secretary of State for Social Security.
John Y. Denham
Parliamentary Under-Secretary of State,
Department of Social Security
8th January 1998


text:
Title, commencement, extent and interpretation
1
1
These Regulations may be cited as the Fertilisers (Amendment) Regulations 1998 and shall come into force on the following dates —
a
all provisions except regulation 7(b) and Schedule 2, on 16th September 1998, and
b
regulation 7(b) and Schedule 2 on 1st January 1999.
2
In these Regulations “the principal Regulations ” means the Fertilisers Regulations 1991 .
Amendment of the principal Regulations
2
Subject to regulation 8 below, the principal Regulations are hereby further amended in accordance with regulations 3 to 7 below.
3
In regulation 1 (title, commencement and interpretation), paragraphs (2) and (3) shall be deleted.
4
After regulation 1 (title, commencement and interpretation) there shall be inserted the following regulation:
Control of materials designated as EEC fertilisers
1A
1
No person shall —
a
designate as an EEC fertiliser any material intended for use as a fertiliser, or give any indication, directly or indirectly, that it is an EEC fertiliser, or
b
sell or have in possession with a view to sale, for use as a fertiliser, any material so designated, or in respect of which any such indication is given,
unless any packaging, label or accompanying document by means of which the designation was effected or, as the case may be, the indication was given, was used before 1st January 1999.
2
In relation to any material intended for use as a fertiliser, no designation of it as an EC fertiliser, or indication that it is such a fertiliser, shall, if permitted by regulation 2, be treated, for the purposes of paragraph (1) above, as any type of indication that the material is an EEC fertiliser.
3
In paragraph (1) of this regulation, expressions also used in Article 2 of Directive 97/63/EC of the European Parliament and of the Council amending Directives 76/116/EEC , 80/876/EEC , 89/284/EEC and 89/530/EEC on the approximation of the laws of the Member States relating to fertilisers shall be construed in accordance with that Article.
.
5
For each of the expressions listed in the first column of Part I of Schedule 1 to these Regulations, wherever the expression concerned appears in the principal Regulations there shall be substituted the expression listed opposite to that expression in the second column of that Part.
6
For each of the expressions listed in the first column of Part II of Schedule 1 to these Regulations, wherever the expression concerned appears in the principal Regulations, there shall be substituted the expression listed opposite to that expression in the second column of that Part.
7
In the table in Schedule 1 (prescribed descriptions of material, meanings of names, particulars and information to be contained in the statutory statement and limits of variation) —
a
for the expression “EEC fertiliser”, wherever it appears as a heading in Groups 1 to 3 of Section B (compound fertilisers) and Group 2 of Section C (fluid fertilisers), there shall be substituted the heading “EC fertiliser”; and
b
in Group 1(a) of Section C (fluid fertilisers), after the provisions relating to the material Magnesium nitrate solution, there shall be inserted in columns (2) to (5) the contents of Schedule 2 to these Regulations.
Transitional provision
8
The amendments to the principal Regulations made by regulations 5 and 7(a) above shall not affect any material designated as an EEC fertiliser, or in respect of which any indication is given, directly or indirectly, that it is an EEC fertiliser, and which is —
a
sold, offered for sale or held in possession with a view to sale, for use as a fertiliser, or
b
made available to any other person for the final use by that other person as a fertiliser,
(as the case may be) —
i
before 1st January 1999, or
ii
on or after that date, where any packaging, label or accompanying document by means of which the designation was effected or, as the case may be, the indication was given, was used before that date,
and, in relation to any such material, the principal Regulations shall continue to apply, as if those amendments had not been made.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
10th August 1998
Sewel
Parliamentary Under Secretary of State, Scottish Office
5th August 1998
Signed by authority of the Secretary of State for Wales
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
13th August 1998


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


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


text:
1
This Order may be cited as the Combined Probation Areas (Powys) Order 1998 and shall come into force on 1st January 1999.
2
For that part of the Combined Probation Areas Order 1986 which relates to the Powys Probation Area there shall be substituted the following:
(1) (2) (3) Petty Sessions Area Probation Area Number of justices on probation committee
De Brycheiniog Powys 3 De Maldwyn 3 Radnorshire and North Brecknock 2 Welshpool 2
3
The three members of the Powys Probation Committee appointed before 1st January 1999 by the justices for the petty sessions areas of Brecon and Ystradgynlais shall continue in office as if appointed by the justices for the new petty sessions area of De Brycheiniog .
4
The three members of the Powys Probation Committee appointed before 1st January 1999 by the justices for the petty sessions areas of Machynlleth and Newtown shall continue in office as if appointed by the justices for the new petty sessions area of De Maldwyn .
Paul Boateng
Minister of State
Home Office
22nd December 1998


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Christchurch Borough Council and Purbeck District Council) Order 1998 and shall come into force on 16th December 1998.
Exemption of information technology services
2
1
The provision of information technology services by–
a
the council of the borough of Christchurch (“Christchurch”);
b
the council of the district of Purbeck (“Purbeck”),
shall not be treated as a defined activity so long as it is carried out by Dorset County Council during the relevant period.
2
For the purposes of paragraph (1), “the relevant period”–
a
for services provided by Christchurch is the period beginning with 16th December 1998 and ending immediately before 1st April 1999;
b
for services provided by Purbeck is the period beginning with 16th December 1998 and ending immediately before 1st January 1999.
Revocation of order
3
The Local Government Act 1988 (Defined Activities) (Exemption) (Christchurch Borough Council) Order 1997 is hereby revoked.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
17th November 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North East Wales National Health Service Trust (Establishment) Order 1998 and shall come into force on 4th January 1999.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 4th January 1999;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means North East Wales National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called North East Wales National Health Service Trust or Ymddiriedolaeth Gwasanaeth Iechyd Gwladol Gogledd-ddwyrain Cymru.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions shall be to own and manage Wrexham Maelor Hospital, Croesnewydd Road, Wrexham LL13 7TD, and associated hospitals and premises, and there to provide and manage hospital accommodation and services and community health services.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 7 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act, one of the non-executive directors shall be appointed from the University of Wales.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1999.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by Health Authorities before operational date
7
1
North Wales Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (2) of this article.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State,Welsh Office
16th December 1998


text:
1
This Order may be cited as the A4 Trunk Road (Bath Road and Newport Road, Hillingdon) (Prohibition of U-turn) Order 1998 and shall come into force on 25th February 1998.
2
In this Order:
“Newport Road” 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 proceeding in the eastbound carriageway of the Trunk Road to make a U-turn at the junction with Newport Road 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:
Citation and commencement
1
This Order may be cited as the Newham Education Action Zone Order 1998 and shall come into force on 1st September 1998.
Interpretation
2
In this order–
“first members” means those persons appointed in accordance with article 4;
“partners” means those persons listed in Schedule 1 to this Order; and
“zone school” means a school listed in Schedule 2 of this Order.
Constitution of education action zone
3
The schools listed in Schedule 2 to this Order shall constitute collectively an education action zone under the name of the Newham Education Action Zone (“the zone”) for the purposes of Chapter III of Part I of the School Standards and Framework Act 1998.
4
There shall be an Education Action Forum for the zone, the membership of which shall include–
a
one person appointed by the governing body of each zone school, unless any such governing body chooses not to make such an appointment;
b
either one or two persons appointed by the Secretary of State; and
c
two persons appointed by the Council of the London Borough of Newham and one person appointed by each of the other partners, unless any partner chooses not to make such an appointment.
5
1
If all the governing bodies referred to in article 4(a) have determined not to appoint a member, the first members shall, as soon as practicable appoint–
a
one person who is a member of the governing body of a zone school who has a child attending a zone school, elected and nominated by the parent governors of the zone schools and relevant foundation governors;
b
two persons who are governors of zone schools which are primary schools elected and nominated by the governors of zone schools which are primary schools;
c
one person who is a governor of a zone school which is a secondary school elected and nominated by the governors of zone schools which are secondary schools; and
d
two persons who are head teachers elected and nominated by the head teachers of the zone school.
2
Any person appointed under this article shall hold office for one year (unless he resigns his office earlier), without prejudice to his eligibility for re-appointment.
3
In this article–
“relevant foundation governor” means a foundation governor of an aided or special agreement school which is a zone school and who is the parent of a pupil at the school of which he is a governor; and
“aided school”, “foundation governor”, “parent governor” and “special agreement school” have the same meaning as in the Education Act 1996 .
6
1
The Forum may, at any time, appoint not more than 3 additional members from persons appearing to them to represent the interests of–
a
businesses;
b
parents of children of compulsory school age in the area served by the zone schools; and
c
the voluntary sector.
2
The Forum may at any time appoint one additional member who at the time of his appointment is employed by the Forum.
3
A member appointed under paragraph (2) shall cease to hold office if he ceases to be employed by the Forum.
Disqualification from membership of the Forum
7
Articles 8 to 10 shall have effect for the purpose of prescribing the circumstances and cases in which a person is to be disqualified for holding, or continuing to hold, office as a member of the Forum.
Disqualification from membership of Forum — bankruptcy etc.
8
1
Subject to the provisions of this regulation, a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if he has been adjudged bankrupt or has made a composition or arrangement with his creditors; and a member, on becoming so disqualified, shall give written notice of the fact to the secretary to the Forum.
2
Where a person is disqualified by reason of his having been adjudged bankrupt, that disqualification shall cease–
a
unless the bankruptcy order made against that person is previously annulled, on his discharge from bankruptcy; and
b
if the bankruptcy order is so annulled, on the date of the annulment.
3
Where a person is disqualified by reason of his having made a composition or arrangement with his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed and in any other case it shall cease on the expiration of three years from the date on which the terms of the deed of composition or arrangement are fulfilled.
Disqualification from membership of Forum — criminal convictions
9
1
Subject to paragraph (2) a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if–
a
within five years before his appointment would otherwise have taken effect or since his appointment, he has been convicted, whether in the United Kingdom or elsewhere, of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;
b
within twenty years before his appointment would otherwise have taken effect, he has been convicted as aforesaid and has had passed on him a sentence of imprisonment for a period of more than two and a half years; or
c
he has at any time been convicted as aforesaid and has had passed on him a sentence of imprisonment of not less than five years.
2
For the purposes of this regulation there shall be disregarded any conviction by or before a court outside the United Kingdom of an offence in respect of conduct which, if it had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom.
Disqualification — absence from meetings
10
Any member of the Forum who, without the consent of the Forum has failed to attend the meetings thereof for a continuous period of six months beginning with the date of a meeting shall, on the expiry of that period, be disqualified for continuing to be a member of the Forum without prejudice however, to his re-appointment.
Chairman’s tenure of office
11
The chairman of the Forum elected in accordance with paragraph 2 of Schedule 1 to the Act, shall hold office for one year from the date of his election (unless he resigns his office earlier), without prejudice to his eligibility to be re-elected for a further such period.


text:
1
These Regulations may be cited as the Merchant Shipping (Port State Control) (Amendment) Regulations 1998 and shall come into force on 1st July 1998.
2
The Merchant Shipping (Port State Control) Regulations 1995 shall be amended as follows.
3
For the words “Marine Safety Agency” wherever they appear there shall be substituted “Maritime and Coastguard Agency”.
4
In regulation 2(1) after “(port State Control)” there shall be inserted “as amended by Commission Directive 96/40/ EC and Council Directive 98/25/EC .”
5
In regulation 2(2) —
a
in the definition of “Conventions” for the words “in force at 19 June 1995” there shall be substituted the words “in force at 1 July 1998”;
b
in the definition of “MOU” for the words “as it stands at 19 June 1995” there shall be substituted the words “as it stands on 14 January 1998”.
6
After regulation 9 there shall be inserted the following regulation —
Procedure applicable in the absence of ISM certificates
9A
1
Where an inspection reveals that a copy of the document of compliance or the safety management certificate required by the International Management Code for the Safe Operation of Ships and for Pollution Prevention (ISM Code) are not on board a vessel to which the ISM Code is applicable at the date of inspection, the inspector shall detain the ship.
2
Notwithstanding the absence of the documentation referred to in paragraph (1) above,
i
if the inspection reveals no other deficiencies warranting detention the Maritime and Coastguard Agency may lift the detention order for the purpose of avoiding port congestion. Whenever such a decision is taken, the Maritime and Coastguard Agency shall immediately alert the competent authorities of the member States; and
ii
where deficiencies referred to in regulation 9(2) are found and cannot be rectified in the port of detention, the relevant provisions of regulation 13 shall apply.
3
A ship which proceeds to sea from any port in any member State following release in order to avoid port congestion shall not enter any port in the United Kingdom until the owner has provided evidence to the satisfaction of the competent authority of the member State where the ship was detained that the ship fully complies with the requirements of the ISM Code.
4
Notwithstanding the provisions of paragraph (3) above access to a specific port may be permitted in situations referred to in regulation 13(8).
7
For regulation 14(4) there shall be substituted:
4
An inspector shall carry a personal document in the form of an identity card issued by the Maritime and Coastguard Agency which shall include the information specified in Annex VIII of M 1639.
8
In regulation 18(2)(b), after “regulation” there shall be inserted “9A(3) or”.
Signed by authority of the Secretary of State
Glenda Jackson
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
9th June 1998


text:
1
This Order may be cited as the European Communities (Definition of Treaties) (Partnership and Co-operation Agreement between the European Communities and their Member States and the Republic of Uzbekistan) Order 1998. It shall come into force in respect of the treaty specified in the Schedule to this Order on the date on which the treaty enters into force for the United Kingdom. This date will be notified in the London, Edinburgh and Belfast Gazettes.
2
The treaty specified in the Schedule to this Order is to be regarded as a Community Treaty as defined in section 1(2) of the European Communities Act 1972.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Special Health Authorities (Amendment) Regulations 1998 and shall come into force on 21st July 1998.
Amendment of the Prescription Pricing Authority Regulations 1990
2
After regulation 8 of the Prescription Pricing Authority Regulations 1990 insert the following regulation —
Reports by the Pricing Authority
8A
1
The Pricing Authority shall make reports to the Secretary of State in such manner and at such time, being at least once each calendar year, as the Secretary of State may direct and shall furnish to the Secretary of State such information as he may from time to time require.
2
If, in pursuance of paragraph (1) of this regulation, the Secretary of State directs the Pricing Authority to make an annual report to him for any particular year or for each year, the Pricing Authority shall present the report at a public meeting held not later than 30 days after the date on which the report was made.
.
Amendment of the Dental Vocational Training Authority Regulations 1993
3
After regulation 7 of the Dental Vocational Training Authority Regulations 1993 add the following regulation —
Public meeting
8
If, in pursuance of regulation 7 of these Regulations, the Secretary of State directs the Authority to make an annual report to him for any particular year orfor each year, the Authority shall present the report at a public meeting held not later than 30 days after the date on which the report was made.
.
Amendment of the Microbiological Research Authority Regulations 1994
4
After regulation 7 of the Microbiological Research Authority Regulations 1994 add the following regulation —
Public meeting
8
If, in pursuance of regulation 7 of these Regulations, the Secretary of State directs the Authority to make an annual report to him for any particular year or for each year, the Authority shall present the report at a public meeting held not later than 30 days after the date on which the report was made.
.
Amendment of the National Health Service Litigation Authority Regulations 1995
5
After regulation 15 of the National Health Service Litigation Authority Regulations 1995 add the following regulation —
Public meeting
16
If, in pursuance of regulation 15 of these Regulations, the Secretary of State directs the Authority to make an annual report to him for any particular year or for each year, the Authority shall present the report at a public meeting held not later than 30 days after the date on which the report was made.
.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,
Department of Health
29th June 1998


text:
Citation, extent and commencement
1
1
This Order may be cited as the Northern Ireland Negotiations (Referendum) Order 1998.
2
This Order extends to Northern Ireland only.
3
This Order shall come into force on the day after it is made.
Interpretation
2
Unless the context otherwise requires, in this Order and any provision applied by this Order —
“ 1962 Act ” means the Electoral Law Act (Northern Ireland) 1962 ;
“ 1983 Act ” means the Representation of the People Act 1983 ;
“ 1985 Act ” means the Representation of the People Act 1985 ;
“ 1996 Act ” means the Northern Ireland (Entry to Negotiations, etc) Act 1996;
“ 1985 Order ” means the Local Elections (Northern Ireland) Order 1985 ;
“ 1986 Regulations ” means the Representation of the People (Northern Ireland) Regulations 1986 ;
“elector” means a person entitled to vote at the referendum and “register of electors” shall be construed accordingly;
“local election” has the same meaning as in the 1962 Act;
“party” means a party elected at the elections held under section 1 of the 1996 Act;
“referendum” means the referendum to be held under article 3 below;
“relevant nominating representative” means a nominating representative (within the meaning of section 5 of the 1996 Act) of a party; and
“verifying officer” means an officer responsible for the verification of the ballot paper accounts.
Referendum
3
1
It is hereby directed that a referendum shall be held on Friday 22nd May 1998 in Northern Ireland for the purpose of obtaining the views of the people of Northern Ireland on the question posed in the front of the ballot paper set out in Schedule 1 to this Order.
2
The votes at the referendum shall be given by ballot and every ballot paper shall —
a
be capable of being folded up,
b
have a number printed on the back; and
c
have attached a counterfoil with the same number printed on it.
3
The front and back of the ballot paper to be used shall be in the form set out in Schedule 1 to this Order, or (except as respects the question posed) a form to the like effect.
4
The hours of polling shall be between 7 am and 10 pm on the day of the referendum.
Entitlement to vote
4
1
Those persons entitled to vote in the referendum shall be —
a
the persons who, on the date of the referendum, would be entitled to vote as electors at a parliamentary election in any constituency in Northern Ireland, except any person registered in pursuance of an overseas elector’s declaration under section 2 of the 1985 Act, and
b
those peers who, on that date, would be entitled to vote as electors at a local election in any local government district there.
2
An alteration made in a register of electors after 11th day before the date of the poll shall not have effect for the purposes of the referendum.
Counting officer
5
1
For the purposes of the referendum, the Chief Electoral Officer for Northern Ireland shall be the counting officer.
2
That Officer shall be the registration officer for the purposes of the provisions applied by this Order (as he is for parliamentary and local elections).
3
Sections 14(5) and 14A(2) and (3) of the 1962 Act (appointment of temporary deputy and delegation to assistants) shall have effect in relation to the Chief Electoral Officer in his capacity as counting officer and registration officer under this Order.
4
The counting officer shall certify the total of —
a
the ballot papers counted,
b
the votes cast for each answer, and
c
the number of rejected ballot papers under each head shown in the statement of rejected ballot papers,
for the whole of Northern Ireland.
Application of certain provisions for the referendum
6
1
The provisions of the 1983 Act, the Elections (Northern Ireland) Act 1985 and the 1985 Act which are specified in the left-hand column of Schedule 2 to this Order shall, subject to —
a
any modifications and exceptions specified in relation to those provisions in the right-hand column of that Schedule, and
b
the provisions of paragraph (3) below,
apply for the purposes of the referendum.
2
The provisions of the 1986 Regulations and the Planning (Control of Advertisements) Regulations (Northern Ireland) 1992 which are specified in the left-hand column of Schedule 3 to this Order shall, subject to —
a
any modifications and exceptions specified in relation to those provisions in the right-hand column of that Schedule, and
b
the provisions of paragraph (3) below,
apply for the purposes of the referendum.
3
Unless the context otherwise requires, in the provisions applied by Schedules 2 and 3 to this Order —
a
any reference to a parliamentary election (except in section 160(4) of the 1983 Act), including a reference to a general election or a by-election, shall be construed as a reference to the referendum and a reference to the parliamentary elections rules shall be construed as a reference to the referendum rules;
b
any reference to a parliamentary elector (except in section 160(4) of the 1983 Act) shall be construed as an elector entitled to vote at the referendum and references to the register of electors shall be construed accordingly;
c
any provision relating to a local government election or local government electors shall be disregarded;
d
any provision having effect solely in Great Britain or any part of it shall be disregarded;
e
any reference to a returning officer shall be construed as a reference to the counting officer;
f
any reference to voting for, or a vote for, a candidate shall be construed as a reference to voting for, or a vote for, an answer in the referendum;
g
any reference to promoting or procuring the election of a candidate, or furthering a person’s candidature, shall be construed as a reference to promoting or procuring a particular result in the referendum;
h
a reference to the return of a person or candidate shall be construed as a reference to a particular result in the referendum;
i
references to election agents shall be disregarded; and
j
any reference to an enactment or an instrument made under an enactment shall be construed as a reference to that instrument or enactment as applied by this Order.
4
Section 72 of the Post Office Act 1969 shall apply in relation to the referendum as it applies in relation to a parliamentary election and as though —
a
the reference to the 1983 Act was a reference to that Act as applied by Schedule 2 to this Order; and
b
the reference to a sum charged on, and issued out of, the Consolidated Fund was a reference to a sum paid by the Secretary of State.
Time
7
In calculating any period of time for the purposes of this Order and any provision applied by this Order the following days shall be disregarded —
a
Saturday or Sunday, and
b
a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in Northern Ireland.
Marjorie Mowlam
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
24th April 1998


text:
1
This Order may be cited as the A40 Trunk Road (Western Avenue, Ealing) (Speed Limits) Order 1998 and shall come into force on 16th February 1998.
2
In this Order:–;
“Western Avenue” means that length of the A40 trunk road in the London borough of Ealing known as Western Avenue.
“the eastbound exit slip road” means that length of road which links the eastbound carriageway of Western Avenue with the bridge that carries Argyle Road over Western Avenue;
“the eastbound access slip road” means that length of road which links Bideford Avenue with the eastbound carriageway of Western Avenue;
“the westbound exit slip road” means that length of road which links the westbound carriageway of Western Avenue; and
“the westbound access slip road” means that length of road which links Argyle Road with the westbound carriageway of Western Avenue.
3
No person shall drive a motor vehicle at a speed exceeding 40 miles per hour on the lengths of road specified in Schedule 1 to this Order.
4
No person shall drive a motor vehicle at a speed exceeding 50 miles per hour on the lengths of road specified in Schedule 2 to this Order.
5
The Trunk Roads (Speed Limits) ( No. 2) Order 1972 , and article 3 of the Trunk Road (A40) (Western Avenue, Ealing) (Speed Limits) Order 1984 , are hereby revoked.
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 & Customer Division
12th February 1998


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemptions) (No. 4) Order 1998 and shall come into force on 27th January 1999.
Exemption of collection of refuse
2
The collection of refuse by Kennet District Council shall not be treated as a defined activity so long as it is carried out during the period beginning with 27th January 1999 and ending immediately before 1st April 2001.
Exemption of construction and property services
3
1
The provision of construction and property services by the local authorities listed in paragraph (2) shall not be treated as a defined activity so long as it is carried out during the period beginning with 27th January 1999 and ending immediately before 1st April 2001.
2
The local authorities referred to in paragraph (1) are–
Bournemouth Borough Council
Dorset County Council
Lancashire County Council
Norfolk County Council
Rotherham Metropolitan Borough Council
Council of the City of Salford
Sandwell Metropolitan Borough Council
Staffordshire County Council
Stockport Metropolitan Borough Council
Swindon Borough Council.
Exemption of financial services
4
The provision of financial services by Bath & North East Somerset District Council and Ryedale District Council shall not be treated as a defined activity so long as it is carried out during the period beginning with 27th January 1999 and ending immediately before 1st April 2001.
Exemption of other cleaning
5
Other cleaning by Kennet District Council shall not be treated as a defined activity so long as it is carried out during the period beginning with 27th January 1999 and ending immediately before 1st April 2001.
Exemption of repair and maintenance of vehicles
6
The repair and maintenance of vehicles by Dorset County Council and Stockport Metropolitan Borough Council shall not be treated as a defined activity so long as it is carried out during the period beginning with 27th January 1999 and ending immediately before 1st April 2001.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
21st December 1998


text:
Commencement and citation
1
This Order may be cited as The A205 Trunk Road (Lewisham) Red Route Experimental Traffic Order 1997 Variation Order 1997, and shall come into force on 12th January 1998.
Variations
2
The A205 Trunk Road (Lewisham) Red Route Experimental Traffic Order 1997 is varied as provided by the following provisions of this Order.
3
In Schedule 2B item 2 is substituted as follows:
north side, from a point 4.0 metres west of the common boundary of Nos. 249 and 251 Brownhill Road, east for a distance of 69.0 metres.
4
In Schedule 3B a new item 1A is inserted as follows:
Brownhill Road south side, from the common boundary of Nos. 182 and 184 Brownhill Road, west for a distance of 11.0 metres.
5
In Schedule 4 item 7 is substituted as follows:
south side, from the common boundary of Nos. 170 and 172 Brownhill Road, east for a distance of 25.0 metres.
6
In Schedule 4 item 8 is substituted as follows:
north side, from a point 43.0 metres east of the eastern property boundary of No. 203 Brownhill Road, east for a distance of 21.0 metres.
7
In Schedule 4 item 13 is substituted as follows:
south side, from the party wall of Nos. 346 and 348 Brownhill Road, to the western kerbline of Verdant Lane.
8
In Schedule 4 items 12 and 19 are deleted.
Power to modify or suspend this Order
9
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.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
29th December 1997


text:
Title and commencement
1
This Order may be cited as the Brucellosis and Tuberculosis (England and Wales) Compensation (Amendment) Order 1998 and shall come into force on 26th August 1998.
Amendment to the Brucellosis and Tuberculosis (England and Wales) Compensation Order 1978
2
The Brucellosis and Tuberculosis (England and Wales) Compensation Order 1978 shall be amended by substituting for paragraph (2) of article 3 (compensation for and ascertainment of value of bovine animals slaughtered for brucellosis or tuberculosis) the following provisions–
2
In the case of brucellosis the compensation shall be–
a
where the slaughtered animal is an affected animal or a reactor, an amount equal to 75% of either–
i
its market value, or
ii
125% of the average price in respect of the month which occurred 2 months prior to the month in which the market value of the animal was determined in accordance with paragraph (3) below, rounded down to the nearest multiple of £4.
whichever is the less;
b
subject to sub-paragraph (c) below, where the slaughtered animal has been exposed to the infection of brucellosis, an amount equal to its market value;
c
where the slaughtered animal has been exposed to the infection of brucellosis and is or was comprised in a herd which is not an accredited herd and which is undergoing a series of diagnostic tests for brucellosis, the said compensation shall be an amount equal to 75% of its market value.
2A
In the case of an animal slaughtered for tuberculosis after the coming into force of this Order the compensation shall be its market value.
.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
21st August 1998
Signed by authority of the Secretary of State for Wales
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
21st August 1998
We approve
Jim Dowd
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
21st August 1998


text:
1
This Order may be cited as the Double Taxation Relief (Air Transport) (Hong Kong) Order 1998.
2
It is hereby declared —
a
that the arrangements specified in the Article set out in the Schedule to this Order have been made with the Government of the Hong Kong Special Administrative Region of the People’s Republic of China with a view to affording relief from double taxation in relation to income tax and corporation tax and taxes of a similar character imposed by the laws of Hong Kong; and
b
that it is expedient that those arrangements should have effect.
N. H. Nicholls
Clerk of the Privy Council