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


type: legislation

jurisdiction: UK

text:
1
This order may be cited as the Offshore Installations (Safety Zones) (No. 3) Order 1998 and shall come into force on 31st July 1998.
2
A safety zone is hereby established around each installation specified in column 1 of the Schedule hereto (being an installation stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of the Schedule.
Signed by authority of the Secretary of State.
Angela Eagle
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
7th July 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Jobseeker’s Allowance (Amendment) Regulations 1998 and shall come into force on 5th April 1999.
2
In these Regulations, “the Jobseeker’s Allowance Regulations ” means the Jobseeker’s Allowance Regulations 1996 .
Amendment of regulation 46 of the Jobseeker’s Allowance Regulations
2
In regulation 46(2) of the Jobseeker’s Allowance Regulations (waiting days), for the number “3” there shall be substituted the number “7”.
Consequential amendment
3
In regulation 141(2) of the Jobseeker’s Allowance Regulations (circumstances in which an income-based jobseeker’s allowance is payable to a person in hardship), for the word “4th” there shall be substituted the word “8th”.
Transitional provision
4
Regulations 2 and 3 of these Regulations shall not apply in the case of a person —
a
who has made a claim for a jobseeker’s allowance before 5th April 1999 or who is treated as having made a claim for a jobseeker’s allowance before that date; and
b
in respect of whom 5th April 1999 is one of the first three days of a jobseeking period.
Signed by authority of the Secretary of State for Social Security.
Keith Bradley
Parliamentary Under-Secretary of State,
Department of Social Security
15th January 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Remuneration and Conditions of Service) (Amendment) Regulations 1998 and shall come into force on 1st April 1998.
2
In these Regulations “the principal Regulations ” means the National Health Service (Remuneration and Conditions of Service) Regulations 1991 .
Amendment of regulation 1 of the principal Regulations
2
In regulation 1 of the principal Regulations for the definition of “authority” substitute —
“authority” means a Health Authority or a Special Health Authority;
.
Amendment of regulation 2 of the principal Regulations
3
In regulation 2 of the principal Regulations (remuneration of officers), after paragraph (b) add the following paragraph —
c
of an officer to whom neither paragraph (a) nor (b) applies shall be the remuneration determined by the authority.
.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,
Department of Health
5th March 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Watford (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 that on which it is made.
3
In this Order–
“the borough” means the borough of Watford;
“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 Borough of Watford (Electoral Changes) Order 1998”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of Watford
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twelve wards which shall bear the names set out in the Schedule.
3
The wards shall comprise the areas designated on the map by reference to the name of the ward and demarcated by red lines.
4
The number of councillors to be elected for each ward shall be three.
5
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or other similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of Watford
3
1
Subject to the following provisions of this article, the election of councillors for wards of the borough shall be by thirds.
2
Elections of all councillors for wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 1999 .
3
The councillors holding office for any ward in the borough immediately before 10th May 1999 shall retire on that date and the newly elected councillors for any such ward shall come into office on that date.
4
Of the councillors elected in 1999 in any ward of the borough —
a
one-third shall retire in 2000 being, subject to paragraphs (4) and (5) below, the councillor elected in each ward by the smallest number of votes;
b
one-third shall retire in 2002 being, subject as aforesaid, the councillor elected in each ward by the next smallest number of votes; and
c
the remaining councillor in each ward shall retire in 2003.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any such year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each such year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
8
Except as otherwise provided in the foregoing paragraphs of this article, the term of office of councillors shall be four years and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly elected councillors shall come into office on the day on which their predecessors retire.
Revocation
4
The Borough of Watford (Electoral Arrangements) Order 1975 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:
1
This Order may be cited as the Value Added Tax (Reduced Rate) Order 1998 and shall come into force on 1st July 1998 in relation to supplies made, or on equivalent acquisitions or importations occurring, on or after that date.
2
Schedule A1 (Charge at Reduced Rate) to the Value Added Tax Act 1994 shall be amended in accordance with Articles 3 to 6 below.
3
For sub-paragraph (1) of paragraph 1 there shall be substituted —
1
Subject to the following provisions of this Schedule, the supplies falling within this paragraph are —
a
supplies for qualifying use of —
i
coal, coke, or other solid substances held out for sale solely as fuel;
ii
coal gas, water gas, producer gases or similar gases;
iii
petroleum gases, or other gaseous hydrocarbons, whether in a gaseous or liquid state;
iv
fuel oil, gas oil or kerosene; or
v
electricity, heat or air-conditioning;
b
supplies to a qualifying person of any services of installing energy-saving materials in the qualifying person’s sole or main residence; and
c
supplies of energy-saving materials made to a qualifying person by a person who installs those materials in the qualifying person’s sole or main residence.
1A
A supply to which sub-paragraph (1)(b) or (c) above applies is a supply falling within this paragraph only to the extent that the consideration for it is or is to be funded by a grant made under a relevant scheme.
1B
Where a grant is made under a relevant scheme in order to fund a supply of a description falling within sub-paragraph (1)(b) or (c) above (“the relevant supply”) and also to fund a supply to which neither of those sub-paragraphs applies (“the non-relevant supply”) then the proportion of the grant that is to be attributed, for the purposes of sub-paragraph (1A) above, to the relevant supply shall be the same proportion as the consideration reasonably attributable to that supply bears to the consideration for that supply and for the non-relevant supply.
4
In paragraph 2(c) for “paragraph 1(1)(b)” there shall be substituted “paragraph 1(1)(a)(ii)”.
5
In paragraph 4 —
a
in sub-paragraph (1) after “Paragraph 1(1)(a)” there shall be inserted “(i)”;
b
in sub-paragraph (2) for “Paragraph 1(1)(b) and (c)” there shall be substituted “Paragraph 1(1)(a)(ii) and (iii)”; and
c
in sub-paragraph (3) for “Paragraph 1(1)(d)” there shall be substituted “Paragraph 1(1)(a)(iv)”.
6
After paragraph 4 there shall be inserted —
5
1
For the purposes of this paragraph —
a
“the Contributions and Benefits Act ” means the Social Security Contributions and Benefits Act 1992 ; and
b
“the Northern Ireland Act ” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992 .
2
For the purposes of paragraph 1(1) above a person to whom a supply is made is “a qualifying person” if at the time of the supply he —
a
is aged 60 or over; or
b
is in receipt of one or more of the benefits mentioned in sub-paragraph (3) below.
3
The benefits referred to in sub-paragraph (2) above are as follows —
a
council tax benefit under Part VII of the Contributions and Benefits Act;
b
disability living allowance under Part III of the Contributions and Benefits Act or Part III of the Northern Ireland Act;
c
disability working allowance under Part VII of the Contributions and Benefits Act or Part VII of the Northern Ireland Act;
d
family credit under Part VII of the Contributions and Benefits Act or Part VII of the Northern Ireland Act;
e
housing benefit under Part VII of the Contributions and Benefits Act or Part VII of the Northern Ireland Act;
f
an income-based jobseeker’s allowance within the meaning of section 1(4) of the Jobseekers Act 1995 or Article 3(4) of the Jobseekers (Northern Ireland) Order 1995 ;
g
income support under Part VII of the Contributions and Benefits Act or Part VII of the Northern Ireland Act;
h
disablement pension under Part V of the Contributions and Benefits Act or Part V of the Northern Ireland Act, which is payable at the increased rate provided for under section 104 (constant attendance allowance) of the Act concerned; and
i
war disablement pension under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983 , which is payable at the increased rate provided for under article 14 (constant attendance allowance) or article 26A (mobility supplement) of that Order.
4
For the purposes of paragraph 1(1)(b) and (c) above “energy-saving materials” means any of the following —
a
insulation for walls, floors, ceilings, roofs or lofts or for water tanks, pipes or other plumbing fittings;
b
draught stripping for windows and doors;
c
central heating system controls;
d
hot water system controls.
5
For the purposes of paragraph 1(1A) and (1B) above a scheme is a “relevant scheme” if it is one which —
a
has as one of its objectives the funding of the installation of energy-saving materials in the homes of any persons who are qualifying persons, and
b
disburses, whether directly or indirectly, its grants in whole or in part out of funds made available to it in order to achieve that objective —
i
by the Secretary of State,
ii
by the European Community,
iii
under an arrangement approved by the Director General of Electricity Supply, the Director General of Electricity Supply for Northern Ireland or the Director General of Gas Supply, or
iv
by a local authority .
Graham Allen
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd June 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Leeds Teaching Hospitals National Health Service Trust (Establishment) Order 1998 and shall come into force on 1st April 1998.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Leeds Teaching Hospitals National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Leeds Teaching Hospitals National Health Service Trust.
Nature and functions of the trust
3
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage pursuant to section 5(1)(a) of the Act hospitals or other establishments or facilities in the area of Leeds Health Authority, and there to provide hospital accommodation and services (including teaching and research facilities); and
b
to provide and manage pursuant to section 5(1)(b) of the Act Leeds General Infirmary, Great George Street, Leeds LS1 3EX, St James' University Hospital, Beckett Street, Leeds LS9 7TF and other hospitals, establishments and facilities in the area of Leeds Health Authority, and there to provide hospital accommodation and services (including teaching and research facilities).
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Significant teaching commitment
5
1
The trust is to be regarded as having a significant teaching commitment by virtue of paragraph 3(2)(a) of Schedule 2 to the Act.
2
One of the non-executive directors of the trust shall be appointed from the University of Leeds.
Operational date and accounting date of the trust
6
1
The operational date of the trust shall be 1st April 1998.
2
The accounting date of the trust shall be 31st March.
Restriction on disposal of assets
7
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State
Department of Health
18th March 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Dartford-Thurrock Crossing Regulations 1998 and shall come into force on 1st September 1998.
2
In these Regulations, unless the context otherwise requires —
a
“axle”, “axle weight” and “wheel” have the same meaning as they have in the Road Vehicles (Construction and Use) Regulations 1986 for the purpose of those Regulations other than regulations 26 and 27;
b
“designated parking area” means an area laid out by the crossing operator for the parking, repair or refuelling of vehicles;
c
“registered keeper” in relation to a vehicle means the person in whose name the vehicle was at the relevant time registered under or by virtue of the Vehicle (Excise and Registration) Act 1994 ;
d
“trailer” has the same meaning as in section 185 of the Road Traffic Act 1988 ;
e
“wheel weight” means the weight transmitted to the road surface by a wheel not transversely in line with any other wheel.
Abnormal loads
2
1
No person shall, except with the permission of the crossing operator, take or cause or permit to be taken —
a
into the tunnels any vehicle which exceeds any of the dimensions or weights set out in column (1) of the table below;
b
onto the bridge any vehicle which exceeds any of the dimensions or weights set out in column (2) of the table below.
(1) (2)
Overall height 4.87 metres no restriction Overall length 18.75 metres 27.4 metres Overall width 02.75 metres 03.65 metres Total weight 38,000 kilograms 38,000 kilograms Axle weight 11,180 kilograms 11,180 kilograms Wheel weight 05,090 kilograms 05,090 kilograms
2
For the purposes of paragraph (1) above, the weight of a vehicle shall be taken to include the weight of any trailer drawn by it and of any load carried on the vehicle or any such trailer.
3
The permission of the crossing operator referred to in paragraph (1) above may be granted subject to conditions and it shall be the duty of the person to whom permission is granted to comply with any such conditions or procure that any such conditions are complied with.
3
1
Applications for the permission of the crossing operator referred to in regulation 2 above shall, unless the crossing operator otherwise agrees, be made in writing to it at the Crossing Offices, South Orbital Way, Dartford, Kent, DA1 5PR not less than two clear days (excluding Saturdays, Sundays, any bank holiday, Christmas Day or Good Friday) before the proposed date of arrival of the vehicle the subject of the application.
2
The application shall state the proposed date of arrival of the vehicle and the dimensions and weights, as referred to in regulation 2 above, of the vehicle together with its load and any trailer drawn by it.
3
In paragraph (1) above “bank holiday” means a day which is, or is to be, observed as a bank holiday or a holiday under the Banking and Financial Dealings Act 1971 in the locality in which the tunnel offices are situated.
4
1
Subject to paragraph (2) below, the driver of a vehicle which is of a description set out in the first column of the table below, or a person on his behalf, shall pay to the crossing operator, in addition to any toll payable for the use of the crossing by that vehicle —
a
such charge for the use of the tunnels by that vehicle as is set out in respect thereof in Part I of that table;
b
such charge for the use of the bridge by that vehicle as is set out in respect thereof in Part II of that table.
PART I
Time of Commencement of Passage Charge
Overall width Greater than 2.75 metres and not more than 6.1 metres Passage commencing after 06.00 hours and before 22.00 hours £40 Greater than 2.75 metres and not more than 6.1 metres Passage commencing on or after 22.00 hours and on or before 06.00 hours £20 Greater than 6.1 metres At any time £184 Overall length Greater than 18.75 metres and not more than 27.4 metres Passage commencing after 06.00 hour and before 22.00 hours £40 Greater than 18.75 metres and not more than 27.4 metres Passage commencing on or after 22.00 hours and on or before 06.00 hours £20 Greater than 27.4 metres At any time £184 Total weight of vehicle Greater than 150,000 kilograms At any time £184
PART II
Time of Commencement of Passage Charge
Overall width Greater than 3.65 metres but less than or equal to 6.1 metres Passage commencing after 06.00 hours and before 22.00 hours £40 Greater than 3.76 metres but less than or equal to 6.1 metres Passage commencing on or after 22.00 hours and on or before 06.00 hours £20 Greater than 6.1 metres At any time £184 Overall length Greater than 27.4 metres At any time £184 Total weight of vehicle Greater than 150,000 kilograms At any time £184
2
Where, by virtue of its characteristics, two or more charges are prescribed by paragraph (1) above in respect of any vehicle, the person specified in that paragraph shall be liable to pay only the higher or the highest (as the case may be) of such charges in respect of that vehicle.
3
In this regulation references to a vehicle shall be taken to include any load carried and any trailer drawn by a vehicle.
Dangerous goods
5
1
Subject to regulation 6 below, no person shall, except with the permission of the crossing operator, take or cause or permit to be taken into the tunnels any vehicle conveying any article or substance the name and description of which appears in the table entitled “List of Restrictions on Dangerous Goods” set out in the booklet entitled “Dangerous Traffic”, 9th Edition issued in 1997 by and on behalf of the Merseyside Passenger Transport Authority, the Tyne and Wear Passenger Transport Authority and Dartford River Crossing Ltd as a list of restrictions on dangerous goods applied at the Mersey, Tyne and Dartford tunnels.
2
The permission of the crossing operator referred to in paragraph (1) above may be granted subject to conditions and it shall be the duty of the person to whom the permission is granted to comply with any such conditions or procure that any such conditions are complied with.
6
The prohibition in paragraph (1) of regulation 5 above does not apply —
a
to any article or substance which is classified as “unrestricted” in the table referred to in that paragraph, or
b
to fuel, other than liquid petroleum gas, conveyed by a vehicle in a fuel tank in connection with the propulsion of that vehicle.
7
If a traffic officer suspects that a vehicle is conveying any article or substance to which the prohibition in regulation 5(1) above applies, he may require that vehicle to stop and he may search it to ascertain whether it is conveying any such article or substance.
Removal of stationary vehicles
8
The driver of a vehicle shall not allow it to stop or to remain at rest in any part of the crossing, other than in a designated parking area, or on the approach roads except —
a
when directed to do so by a constable or traffic officer;
b
to enable payment of a toll or charge;
c
when prevented from proceeding by traffic or other obstruction of the highway;
d
by reason of breakdown; or
e
when he is incapacitated by reason of illness.
9
No person, other than a constable or traffic officer, shall —
a
carry out, or attempt to carry out, any repair, adjustment or refuelling of a vehicle which is at rest by reason of breakdown in any part of the crossing, other than a designated parking area, or on the approach roads except with permission expressly given by a constable or traffic officer; or
b
move, or attempt to move, any such vehicle from the position in which it is at rest.
10
A constable or traffic officer may remove to a designated parking area any vehicle which is at rest in any part of the crossing, other than a designated parking area, or on the approach roads, if —
a
it is at rest in contravention of regulation 8 above; or
b
it is necessary for it to remain at rest by reason of breakdown; or
c
no person is for the time being in charge of it or the person in charge of it is not present in or on it; or
d
the person in charge of it is incapable of moving it by reason of illness or injury.
Revocation of the Dartford-Thurrock Crossing Regulations and transitional provisions
11
The Regulations specified in the Schedule are hereby revoked but any application made or permission granted in relation to any vehicle under such Regulations shall, where the time of commencement of the passage of the vehicle occurs after the coming into force of these Regulations, have effect as if made or granted under regulation 2 or 5 above (as the case may be) and accordingly any charge prescribed by regulation 4 above shall apply to such vehicle.
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
4th August 1998


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Tendring District Council) Order 1998 and shall come into force on 9th December 1998.
Exemption of sports and leisure facilities management and ground maintenance
2
1
The management of sports and leisure facilities by the council of the district of Tendring (“the council”) shall not be treated as a defined activity so long as it is carried out during the period beginning with 9th December 1998 and ending immediately before 1st August 1999.
2
The maintenance of ground by the council shall not be treated as a defined activity so long as it is carried out–
a
on land within the former urban district of Clacton;
b
during the period beginning with 9th December 1998 and ending immediately before 1st August 1999.
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
10th November 1998


text:
1
This Order may be cited as the Finance Act 1994, Section 199, (Appointed Day) Order 1998.
2
The day appointed for the purposes of Chapter III of Part IV of the Finance Act 1994 (corporation tax self-assessment) is 1st July 1999.
Jane Kennedy
David Jamieson
Two of the Lords Commissioners of Her Majesty’s Treasury
17th December 1998


text:
Commencement and citation
1
This Order may be cited as The A12 Trunk Road (Redbridge) (No. 1) Red Route Traffic Order 1996 Variation Order 1998, and shall come into force on 19th January 1998.
Variation
2
The A12 Trunk Road (Redbridge) (No. 1) Red Route Traffic Order 1996 is varied so that in Schedule 2A, a new item number 7 is added as follows:
7
Area of footway 0.3 metres from and parallel to the southern kerbline between a point 4.5 metres west of the party wall of Nos. 140 and 142 Eastern Avenue and a point 5.0 metres east of the party wall of Nos. 146 and 148 Eastern Avenue and having a width of 2.5 metres throughout.
Revocations
3
The A12 Trunk Road (Redbridge) (No. 1) Red Route Traffic Order 1996 Experimental Variation Order 1997 is hereby revoked.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
12th January 1998


text:
Citation and commencement
1
These Rules may be cited as the Trade Marks (Amendment) Rules 1998 and shall come into force on 27th April 1998.
Interpretation
2
In these Rules, unless the context otherwise requires —
“ the Act ” means the Trade Marks Act 1994;
“the Principal Rules ” means the Trade Marks Rules 1994 ;
3
The Principal Rules are amended as set out in rules 4-19 below subject to the transitional provision set out in rule 20.
4
For rule 5 (applications for registration), there shall be substituted the following:
5
1
An application for the registration of a trade mark shall be filed on Form TM3 and shall be subject to the payment of the application fee and such class fees as may be appropriate.
2
An application for registration of a three-dimensional mark shall not be treated as such unless the application contains a statement to that effect.
3
Where colour is claimed as an element of the trade mark, it shall not be treated as such unless the application contains a statement to that effect and specifies the colour.
4
An application to register a trade mark which is a word shall be treated as an application to register that word in the graphical form shown in the application, unless the applicant includes a statement that the application is for registration of the word without regard to its graphical form.
5
In rule 11 (deficiencies in application) for the words “rule 5 or 8(2)” where they appear substitute “rule 5(1) or 8(2)”.
6
For rule 13 (opposition proceedings), there shall be substituted the following:
13
1
Notice of opposition to the registration of a trade mark shall be filed on Form TM7 within three months of the date on which the application was published under rule 12, and shall include a statement of the grounds of opposition; the registrar shall send a copy of the notice and the statement to the applicant.
2
Within three months of the date on which a copy of the notice and statement is sent by the registrar to the applicant, the applicant may file a counter-statement, in conjunction with a notice of the same, on Form TM8; where such a notice and counter-statement are filed within the prescribed period, the registrar shall send a copy of the Form TM8 and the counter-statement to the person opposing the application.
3
Where a notice and counter-statement are not filed by the applicant within the period prescribed by paragraph (2), he shall be deemed to have withdrawn his application for registration.
4
Within three months of the date upon which a copy of the counter-statement is sent by the registrar to the person opposing the registration, that person may file such evidence by way of statutory declaration or affidavit as he may consider necessary to adduce in support of his opposition and shall send a copy thereof to the applicant.
5
If the person opposing the registration files no evidence under paragraph (4) above in support of his opposition, he shall, unless the registrar otherwise directs, be deemed to have withdrawn his opposition.
6
If the person opposing the registration files evidence under paragraph (4) above or the registrar otherwise directs under paragraph (5) above, the applicant who has filed a notice and counter-statement under paragraph (2) above may, within three months of the date on which either a copy of the evidence or a copy of the direction is sent to him, file such evidence by way of statutory declaration or affidavit as he may consider necessary to adduce in support of his application for registration and shall send a copy thereof to the person opposing the application.
7
Within three months of the date upon which a copy of the applicant’s evidence is sent to him under paragraph (6) above, the person opposing the application may file evidence in reply by statutory declaration or affidavit which shall be confined to matters strictly in reply to the applicant’s evidence, and shall send a copy thereof to the applicant.
8
No further evidence may be filed, except that, in relation to any proceedings before him, the registrar may at any time if he thinks fit give leave to either party to file such evidence upon such terms as he may think fit.
9
Upon completion of the evidence the registrar shall request the parties to state by notice to him in writing whether they wish to be heard; if any party requests to be heard the registrar shall send to the parties notice of a date for the hearing.
.
7
In rule 18(2) (amendment of application), for the words “sent to the registrar”, substitute “filed”.
8
In rule 20(6) (merger of applications or registrations), for the words “bear different dates”, substitute “bear different dates of registration”.
9
In rule 23(5) (amendment of certification and collective marks regulations) and 25(3) (alterations), for the words “rule 13(2) – (8)” where they appear, there shall be substituted “paragraphs (2) and (4) – (9) of rule 13”.
10
For rule 27 (reminder of renewal), substitute —
27
1
Subject to paragraph (2) below, at any time not earlier than six months nor later than one month before the expiration of the last registration of a trade mark, the registrar shall (except where renewal has already been effected under rule 28 below) send to the registered proprietor notice of the approaching expiration and inform him at the same time that the registration may be renewed in the manner described in rule 28 below.
2
If it appears to the registrar that a trade mark may be registered under section 40 at any time within six months before or after the date on which renewal would be due (by reference to the date of application for registration), the registrar shall be taken to have complied with paragraph (1) if he sends to the applicant notice thereof within one month following the date of actual registration.
.
11
In rule 29 (delayed renewal), for paragraphs (3), (4) and (5) substitute —
3
Where a mark is due to be registered after the date on which it is due for renewal (by reference to the date of application for registration), the request for renewal shall be filed together with the renewal fee and additional renewal fee within six months after the date of actual registration.
4
The removal of the registration of a trade mark shall be published.
.
12
In rule 33 (entry in register of particulars of registered trade marks):
a
omit the “and” immediately preceding paragraph (j); and
b
for paragraph (j) substitute:
j
where the mark is registered pursuant to section 5(5) with the consent of the proprietor of an earlier trade mark or other earlier right, that fact;
k
where the mark is registered pursuant to a transformation application, the number of the international registration and either:
i
the date accorded to the international registration under Article 3(4), or
ii
the date of recordal of the request for extension to the United Kingdom of the international registration under Article 3ter,
as the case may be, of the Madrid Protocol;
l
where the mark arises from the conversion of a Community trade mark or an application for a Community trade mark, the number of any other registered trade mark from which the Community trade mark or the application for a Community trade mark claimed seniority and the earliest seniority date.
.
13
In paragraph 2 of rule 39 (removal of matter from register), for the reference to “rule 47”, substitute “rule 48”.
14
In rule 44 (inspection of documents), for subparagraph (b) of paragraph (4) substitute:
b
any document or information filed at or sent to or by the Office before 31st October 1994, or
c
any document or information filed at or sent to or by the Office after 31st October 1994 relating to an application for registration of a trade mark under the Trade Marks Act 1938.
.
15
In rule 56 (decision of registrar), for paragraph (1) substitute:
1
When, in any proceedings before him, the registrar has made a decision, he shall send to each party to the proceedings written notice of it, and for the purposes of any appeal against that decision, subject to paragraph (2) below, the date on which the notice is sent shall be taken to be the date of the decision.
.
16
For rule 60 (correction of irregularities), substitute —
60
Subject to rule 62 below, any irregularity in procedure in or before the Office or the registrar, may be rectified on such terms as the registrar may direct.
.
17
In rule 62 (alteration of time limits) —
a
in paragraph (1), for the sentence beginning “may, at the request of the person or party concerned,” to the end of the paragraph, substitute “subject to paragraph (2) below, may, at the written request of the person or party concerned, be extended by the registrar as he thinks fit and upon such terms as he may direct.”;
b
for paragraph (2) substitute —
2
Where a request for the extension of a time or periods prescribed by these Rules —
a
is sought in respect of a time or periods prescribed by rules 13, 18, 23, or 25, the party seeking the extension shall send a copy of the request to each person party to the proceedings;
b
is filed after the application has been published under rule 12 above, the request shall be on Form TM9 and shall in any other case be on that form if the registrar so directs.
;
c
for paragraph (3) substitute:
3
The rules excepted from paragraph (1) above are rule 10(6) (failure to file address for service), rule 11 (deficiencies in application), rule 13(1) (time for filing opposition), rule 13(2) (time for filing counter-statement), rule 23(4) (time for filing opposition), rule 25(3) (time for filing opposition), rule 29 (delayed renewal), rule 30 (restoration of registration), and rule 41 (time for filing opposition).
;
d
in paragraph (5), for the words “and it appears to him that any extension would not disadvantage any other person or party affected by it” substitute “and it appears to him to be just and equitable to do so”;
e
after paragraph (6), insert —
7
Without prejudice to the above, in the case of any irregularity or prospective irregularity in or before the Office or the registrar which —
a
consists of a failure to comply with any limitation as to times or periods specified in the Act, these Rules or the old law as that law continues to apply and which has occurred or appears to the registrar as likely to occur in the absence of a direction under this rule, and
b
is attributable wholly or in part to an error, default or omission on the part of the Office or the registrar and which it appears to him should be rectified,
he may direct that the time or period in question shall be altered in such manner as he may specify upon such terms as he may direct.
.
18
The provisions in rule 68 (form for conversions of pending applications) and in Schedule 2 are omitted.
19
In Schedule 4 (classification of goods and services), for the paragraph headed “ Class 7 ” substitute —
Class 7 Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements (other than hand operated); incubators for eggs;
.
20
Rule 4 shall apply only to applications made after the date on which these Rules come into force.
Ian McCartney
Minister of State,
Department of Trade and Industry
30th March 1998


text:
1
These Regulations may be cited as the Airports (Groundhandling) (Amendment) Regulations 1998 and shall come into force on 31st December 1998.
2
The Airports (Groundhandling) Regulations 1997 shall be amended in accordance with the following provisions of these Regulations.
3
In regulation 2–
a
in paragraph (1), in the definition of “supplier of groundhandling services”, for the words “and 27(1)(b)” there shall be substituted the words “and 26(1)(b)”, and
b
paragraph (3) shall be omitted.
4
For regulation 13, there shall be substituted the following regulation–
13
1
This regulation applies where the CAA has made a determination pursuant to regulation 10(1) or regulation 11(1) or where it has made a determination pursuant to regulation 11(13) which renews a determination made pursuant to regulation 11(1).
2
The managing body of an airport may–
a
itself provide groundhandling services without being subject to the selection procedure laid down in regulation 12, and
b
authorise another person to provide groundhandling services at the airport concerned without submitting that person to the said procedure where–
i
it controls that person directly or indirectly, or
ii
that person controls it directly or indirectly.
3
Where the managing body of an airport or a person authorised by that body provides groundhandling services pursuant to paragraph (2) above, that managing body or authorised person shall be one of the number of suppliers specified in accordance with regulation 10(2)(c) or regulation 11(3)(c), as the case may be.
.
5
In regulation 14, for paragraph (4), there shall be substituted the following paragraphs–
4
On its own proposal or on an application made to it by–
a
the managing body of the airport concerned,
b
the person for whom has been reserved the management of the centralised infrastructures in question, where that person is not the managing body of the airport concerned,
c
a supplier of groundhandling services, or
d
an airport user,
the CAA may vary from time to time or revoke a determination made pursuant to paragraph (1) above.
5
Where an application is made pursuant to paragraph (1) above or where an application or proposal is made pursuant to paragraph (4) above, the provisions of Schedule 1 to these Regulations, in so far as they relate to such applications, or, as the case may be, proposals, shall apply.
.
6
For regulation 21, there shall be substituted the following regulation–
21
1
The functions of the CAA to which this paragraph applies shall not be performed by any person other than a member of the CAA.
2
The functions of the CAA to which paragraph (1) applies are–
a
making, varying, revoking or renewing a determination following an application to which Schedule 1 to these Regulations applies where an objection has been served pursuant to paragraph 10 of that Schedule;
b
making, varying, revoking or renewing a determination pursuant to these Regulations in terms other than those requested by the applicant;
c
refusing to make, vary, revoke or renew a determination pursuant to these Regulations;
d
selecting a supplier of groundhandling services pursuant to regulation 12(7)(b);
e
prohibiting a supplier of groundhandling services or an airport user from supplying groundhandling services or, as the case may be, self-handling pursuant to regulation 15(1);
f
revoking an appointment of an independent examiner pursuant to regulation 18(2);
g
determining an appeal to the CAA made pursuant to Part I of Schedule 2 to these Regulations.
3
Any other function which the CAA is required to perform under these Regulations may be performed only by a member or an employee of the CAA.
.
7
In regulation 24(2), for the words “the statutory maximum”, there shall be substituted the words “level 5 on the standard scale”.
8
After regulation 26, there shall be added the following regulation–
Miscellaneous
27
1
Section 4 of the Civil Aviation Act 1982 shall not apply in relation to the performance by the CAA of its functions under these Regulations.
2
Nothing contained in either Part IV of the Airports Act 1986 or Part IV of the Airports (Northern Ireland) Order 1994 , and nothing which is done under either of those Parts, shall prejudice or affect the operation of the provisions contained in these Regulations.
.
9
In Schedule 1–
a
in paragraph 1(a), the words “, subject to paragraph 3 below,” shall be omitted;
b
in paragraph 3, after the words “and (13), 14(1)” there shall be inserted the words “and (4)”;
c
after paragraph 5, there shall be inserted the following paragraph–
5A
Where, pursuant to regulation 14(4), the CAA proposes to revoke or vary a determination made pursuant to regulation 14(1), it shall serve on–
a
the managing body of the airport concerned, and
b
the person for whom has been reserved the management of the centralised infrastructures in question, where that person is not the managing body of the airport concerned,
notice of the proposal together with the reasons for it.
;
d
in paragraph 7, after the words “paragraph 5”, there shall be inserted the words “or paragraph 5A”;
e
for paragraph 11, there shall be substituted the following paragraph–
11
1
Before the date fixed for the hearing of an application pursuant to paragraph 12 below, and subject to sub-paragraphs (2) and (3) below, the CAA shall serve on any person who has the right to be heard in connection with the application or whom the CAA proposes to hear a copy of, or a summary of, any information in the possession of the CAA which has been provided in connection with the application or which the CAA has reason to believe will be referred to at the hearing of the application.
2
Before serving any information provided by a supplier the CAA shall consult that supplier.
3
If, having consulted the supplier, the CAA is of the opinion that both–
i
the information concerned relates to the commercial or financial affairs of the supplier, and
ii
the supplier would be more prejudiced if the information were disclosed than would be the public or the prospective recipient if the information were not disclosed,
then the CAA shall not serve the information.
4
In this paragraph, “supplier” means a person who has provided to the CAA information in connection with an application to which the provisions of this Schedule apply.
;
f
in paragraph 14(b), after the words “regulation 10(8)”, there shall be inserted the words “or regulation 14(4)”.
10
Part I of Schedule 2 shall be amended as follows–
a
for paragraph 2, there shall be substituted the following paragraph–
2
The appellant shall serve the notice of appeal on–
a
the CAA, and
b
the managing body of the airport concerned, and
c
in the case of an appeal against a decision of the managing body of an airport made pursuant to regulation 12(7)(a), the persons named in the notice published by the CAA pursuant to regulation 12(15) as the persons selected to supply groundhandling services, and
d
in the case of an appeal against a decision or individual measure taken, pursuant to regulation 16, by the public authority or other body controlling the airport, that authority or body.
;
b
for paragraphs 4 and 5 there shall be substituted the following paragraphs–
4
1
Where a notice of appeal is served on the CAA pursuant to paragraph 2(a) above, the CAA shall serve on each of the parties to the appeal a notice requiring each such party within 7 days after receiving the notice from the CAA to inform the CAA whether he requires an oral hearing of the appeal.
2
If any person on whom a notice is served by the CAA pursuant to paragraph 4(1) above informs the CAA that he requires an oral hearing, then–
a
the CAA shall immediately serve on each of the parties to the appeal a notice stating that there will be an oral hearing, and
b
paragraph 5A below shall not apply.
3
If no person informs the CAA within the period of 7 days referred to in paragraph 4(1) above that he requires an oral hearing, then the CAA shall serve on each of the parties to the appeal a notice stating that the appeal will be conducted by written representation, in which case paragraph 5A below shall apply.
4
No oral hearing of an appeal shall be held pursuant to this paragraph unless the CAA has served on each of the parties to the appeal not less than 14 days' notice of the date, time and place of the hearing, and the notice shall clearly identify the appeal to which it relates; a similar notice shall be published not less than 7 days before the date of the hearing and shall be exhibited in a public place in the CAA’s principal office during the 7 days immediately preceding the date of the hearing.
5
1
Hearings of appeals shall be conducted by the CAA, sitting with such employees of the CAA acting as advisers as it thinks fit.
2
At a hearing each of the parties to the appeal may appear in person or be represented by any other person whom he may have authorised to represent him and may produce oral and written evidence and may examine any other party to the appeal and any witnesses produced by any such party.
3
Every hearing shall be held in public unless the CAA otherwise decides in relation to the whole or part of a particular appeal, but nothing in this sub-paragraph shall prevent a member of the Council on Tribunals or of its Scottish Committee from attending a hearing in his capacity as such.
4
Subject to sub-paragraphs (5) and (6) below, all the proceedings at a hearing of the CAA in connection with the appeal shall be recorded by a shorthand writer or by some other means, and if any person requests a record of the proceedings the CAA shall cause a mechanical recording or transcript of the shorthand or other record to be made available for purchase by that person at a reasonable price.
5
The CAA shall not be required to make available a mechanical recording or transcript of the record of the proceedings at any time after the expiry of one year from the day of publication of its decision on the appeal.
6
A mechanical recording or transcript of the record of proceedings conducted otherwise than in public shall only be required to be made available for purchase by each of the parties to the appeal.
5A
1
Where a person receives a notice of appeal pursuant to paragraph 2(b), 2(c) or 2(d) above, that person shall, within 14 days after receiving a notice pursuant to paragraph 4(3) above,–
a
serve on the CAA any submission which that person may wish to make in connection with the appeal, and
b
serve on each of the other parties to the appeal a copy of that submission.
2
Within 14 days after receiving a copy of the submission referred to in paragraph 5A(1) above, each of the other parties to the appeal–
a
shall serve on the CAA any reply he may wish to make to any such submission, and
b
shall serve on all other parties to the appeal a copy of any such reply.
;
c
in paragraph 6–
i
for the words “the appellant or the person who took the decision or individual measure concerned” there shall be substituted the words “any of the parties to the appeal”, and
ii
for the words “the appellant, or as the case may be, that person” there shall be substituted the words “the other parties to the appeal”;
d
for paragraph 9 there shall be substituted the following paragraph–
9
The CAA shall notify each of the parties to the appeal of its determination and the reasons for it.
;
e
after paragraph 11, there shall be added the following paragraph–
12
In this Part of this Schedule “parties to the appeal” means–
a
the appellant, and
b
the persons (other than the CAA) on whom a notice of appeal is served in accordance with paragraph 2 above.
.
11
Part II of Schedule 2 shall be amended as follows–
a
in paragraph 1, after the word “determination”, there shall be inserted the words “or decision”;
b
for paragraph 2, there shall be substituted the following paragraph–
2
The appellant shall serve the notice of appeal on–
a
the Secretary of State, and
b
the CAA, and
c
where it is not the appellant, the managing body of the airport concerned, and
d
in the case of an appeal against a determination of the CAA made pursuant to regulation 9(1), the persons named in the notice published by the CAA pursuant to paragraph 15 of Schedule 1 to these Regulations as the persons selected to exercise the right to self-handle in relation to the airside services to which the determination relates, and
e
in the case of an appeal against a decision of the CAA taken pursuant to regulation 12(7)(b), the persons named in the notice published by the CAA pursuant to regulation 12(15) as the persons selected to supply groundhandling services.
;
c
in paragraph 3, for the words “the determination concerned” to “notice of the decision” inclusive, there shall be substituted the words “the determination or decision concerned”;
d
for paragraph 4 there shall be substituted the following paragraph–
4
1
Where a person receives a notice of appeal pursuant to paragraph 2(b), 2(c), 2(d) or 2(e) above, that person shall, within 14 days after receiving such notice–
a
serve on the Secretary of State any submission which that person may wish to make in connection with the appeal, and
b
serve on each of the other parties to the appeal a copy of that submission.
2
Within 14 days after receiving a copy of the submission referred to in paragraph 4(1) above, each of the other parties to the appeal–
a
shall serve on the Secretary of State any reply he may wish to make to any such submission, and
b
shall serve on all other parties to the appeal a copy of any such reply.
;
e
paragraph 5 shall be omitted;
f
in paragraph 6–
i
for the words “the appellant or any person described in paragraph 2 above” there shall be substituted the words “any of the parties to the appeal”, and
ii
for the words “the appellant or, as the case may be, any such person” there shall be substituted the words “the other parties to the appeal”;
g
in paragraph 9, for the words “the appellant, the CAA and, where it is not the appellant, the managing body of the airport concerned” there shall be substituted the words “each of the parties to the appeal”;
h
after paragraph 11, there shall be added the following paragraph–
12
In this Part of this Schedule “parties to the appeal” means–
a
the appellant, and
b
the persons (other than the Secretary of State) on whom a notice of appeal is served in accordance with paragraph 2 above.
.
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
24th November 1998


text:
Citation and commencement
1
This Order may be cited as the United Nations Personnel (Jersey) Order 1998 and shall come into force on 20th July 1998.
Extension
2
Sections 1 to 8 of, and the Schedule to, the United Nations Personnel Act 1997 shall extend to the Bailiwick of Jersey with the exceptions, adaptations and modifications specified in the Schedule to this Order.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Optical Charges and Payments) Amendment Regulations 1998 and shall come into force on 1st April 1998.
2
In these Regulations, “the principal Regulations ” means the National Health Service (Optimal Charges and Payments) Regulations 1997 .
Amendment of regulation 19 of the principal Regulations
2
In regulation 19 of the principal Regulations (redemption value of voucher for replacement or repair) —
a
in paragraph (1)(b), for “£39.80” substitute “£40.90”; and
b
in paragraph (3), for “£10.20” substitute “£10.50”.
Amendment of the Schedules to the principal Regulations
3
1
In Schedule 1 to the principal Regulations (voucher letter codes and face values — supply and replacement) in column (3) (face value of voucher), for each amount specified in column 1 of the table below substitute the amount specified in relation to it in column 2 of that table.
TABLE
(1) (2) Old amount New amount
£27.20 £28.00 £41.30 £42.50 £56.30 £57.90 £110.60 £113.70 £46.90 £48.20 £59.70 £61.40 £71.90 £73.90 £121.60 (in both places where it appears) £125.00 £39.80 £40.90
2
In Schedule 2 to the principal Regulations (prisms, tints, photochromic lenses, small and special glasses and complex appliances) —
a
in paragraph 1(1)(a) (prism — single vision lens), for “£5.30” substitute “£5.40”;
b
in paragraph 1(1)(b) (prism — other lens), for “£6.50” substitute “£6.70”;
c
in paragraph 1(1)(c) (single vision tinted lens), for “£2.80” substitute “£2.90”;
d
in paragraph 1(1)(d) (other tinted lens), for “£3.30” substitute “£3.40”;
e
in paragraph 1(1)(e) (small glasses), for “£44.80” substitute “£46.10”, for “£39.80” substitute “£40.90”, and for “£21.50” substitute “£22.10”;
f
in paragraph 1(1)(f) (photochromic lenses), for “£2.80” substitute “£2.90” and for “£3.30” substitute “£3.40”;
g
in paragraph 1(1)(g) (specially manufactured frames), for “£44.80” substitute “£46.10”;
h
in paragraph 2(a) (minimum complex appliance payment — single vision lenses), for “£4.50” substitute “£4.60”; and
i
in paragraph 2(b) (minimum complex appliance payment — other lenses), for “£24.10” substitute “£24.80”.
3
For Schedule 3 to the principal Regulations (voucher values — repair), substitute the Schedule 3 set out in the Schedule to these Regulations.
Application of these Regulations
4
The amendments made by these Regulations apply only in relation to a voucher accepted or used pursuant to regulation 12 or regulation 17 of the principal Regulations on or after 1st April 1998.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,
Department of Health
3rd March 1998


text:
1
This Order may be cited as the Public Telecommunication System Designation (KDD Europe Limited) Order 1998 and shall come into force on 3rd March 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
28th January 1998


text:
1
These Regulations may be cited as the Financial Markets and Insolvency (Ecu Contracts) Regulations 1998 and shall come into force on 2nd February 1998.
2
In the Financial Markets and Insolvency (Money Market) Regulations 1995 regulation 2 shall be amended as follows:
a
below the definition of “default rules” the following shall be inserted:
“ecu” means the unit of account of that name defined in Council Regulation ( EEC ) No. 3320/94 ;
b
the defintion of “money market contract” shall be replaced by the following —
“money market contract” means a contract in relation to which a listed person provides settlement arrangements and which is a contract for the acquisition or disposal either of —
currency of the United Kingdom or of any other country or territory; or
rights under a contract the value of which is determined by reference to the value of the ecu;
Graham Allen
Bob Ainsworth
Two of the Lord’s Commissioners of her Majesty’s Treasury
12th January 1998
Nigel Griffiths
Parliamentary Under Secretary of State
Department of Trade and Industry
28th December 1997


text:
Citation and commencement
1
This Order may be cited as the Greater Manchester (Light Rapid Transit System) (Land Acquisition) Order 1998 and shall come into force on 13th November 1998.
Interpretation
2
1
In this Order, unless the context otherwise requires–
“the 1965 Act” means the Compulsory Purchase Act 1965 ;
“the 1991 Act” means the Greater Manchester (Light Rapid Transit System) Act 1991 ;
“authorised works” means the works authorised by the 1991 Act;
“the book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;
“the Executive” means Greater Manchester Passenger Transport Executive;
“the land plans” means the plans certified by the Secretary of State as the land plans for the purposes of this Order;
“the tribunal” means the Lands Tribunal.
2
References in this Order to rights over land include references to rights to do, or to place and maintain, anything in or on land or in the air-space over its surface.
Power to acquire land
3
The Executive may acquire compulsorily so much of the land shown on the land plans and described in the book of reference as may be required for the purposes of the authorised works and may use any land so acquired for those purposes or for any other purposes connected with or ancillary to its undertaking.
Application of Part I of Compulsory Purchase Act 1965
4
1
Part I of the 1965 Act, insofar as not modified by or inconsistent with the provisions of this Order, shall apply to the acquisition of land under this Order–
a
as it applies to a compulsory purchase to which the Acquisition of Land Act 1981 applies, and
b
as if this Order were a compulsory purchase order under that Act.
2
Part I of the 1965 Act, as so applied, shall have effect as if–
a
section 4 (which provides a time limit for compulsory purchase of land) and paragraph 3(3) of Schedule 3 (which makes provision as to the giving of bonds) were omitted, and
b
in section 11(1) (which confers power to enter on and to take possession of land subject to a notice to treat on giving not less than 14 days' notice) for the reference to 14 days' notice there were substituted–
i
in a case where the notice to treat relates only to the acquisition of subsoil or the acquisition of an easement or other right over the land, a reference to notice of one month, or
ii
in any other case, a reference to notice of 3 months.
Disregard of certain interests and improvements
5
1
In assessing the compensation (if any) payable to any person on the acquisition from him of any land under this Order, the tribunal shall not take into account–
a
any interest in land, or
b
any enhancement of the value of any interest in land by reason of any building erected, works executed or improvement or alteration made on relevant land,
if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution of the works or the making of the improvement or alteration was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.
2
In paragraph (1) above “relevant land” means the land acquired from the person concerned or any other land with which he is, or was at the time when the building was erected, the works executed or the improvement or alteration made, directly or indirectly concerned.
Extinction of private rights of way
6
1
All private rights of way over land subject to compulsory acquisition under this Order shall be extinguished–
a
as from the acquisition of the land by the Executive, whether compulsorily or by agreement, or
b
on the entry on the land by the Executive under section 11(1) of the 1965 Act,
whichever is the sooner.
2
Any person who suffers loss by the extinguishment of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part I of the Land Compensation Act 1961 .
Time limit for exercise of powers of acquisition
7
The powers conferred by this Order to acquire any land shall be deemed to have been exercised if, before the end of the period of 5 years beginning on the day on which this Order comes into force, notice to treat has been served in respect of the land but, subject thereto, the powers shall cease to have effect at the end of that period.
Certification of plans etc.
8
The Executive shall, as soon as practicable after the making of this Order, submit copies of the book of reference and the land plans to the Secretary of State for certification that they are true copies of, respectively, the book of reference and plans referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.
Modification of 1991 Act
9
Section 19 (For protection of British Railways Board) of the 1991 Act and sections 43 (For protection of electricity, gas and water undertakers) and 44 (For protection of North West Water Authority) of the Greater Manchester (Light Rapid Transit System) Act 1988 as applied by the 1991 Act shall apply to the powers of compulsory acquisition contained in this Order as they applied to the powers of compulsory acquisition contained in the 1991 Act and the reference to the deposited plans in subsection (3) of the said section 43 shall be taken to include a reference to the land plan prepared for the purposes of this Order.
For protection of Railtrack PLC
10
1
For the protection of Railtrack PLC the following provisions shall, unless otherwise agreed in writing between the Executive and Railtrack PLC, have effect.
2
In this article “railway property” means the railway property of Railtrack PLC comprised in the land numbered 27 on the land plans.
3
The Executive shall not under the powers of this Order or section 11(3) of the 1965 Act acquire, use or enter on any railway property except with the consent of Railtrack PLC.
4
Except with the consent of Railtrack PLC–
a
the Executive shall not in the exercise of the powers of this Order or the 1991 Act prevent pedestrian or vehicular access to any railway property; and
b
the provisions of article 6 of this Order shall not apply to any right of access of Railtrack PLC to any railway property.
5
The consent of Railtrack PLC for the purpose of paragraphs (2) or (3) above shall not be unreasonably withheld but may be given subject to reasonable conditions.
6
The Executive and Railtrack PLC may enter into, and carry into effect, agreements for the transfer to the Executive of–
a
any railway property shown on the land plans and described in the book of reference,
b
any lands, works or other property held in connection with any such railway property, and
c
any rights and obligations (whether or not statutory) of Railtrack PLC relating to any land, works or property referred to in this paragraph.
7
Section 19 (For protection of British Railways Board) of the 1991 Act shall have effect as if–
a
any reference to the railways board (other than in paragraph (18)) were a reference to Railtrack PLC;
b
paragraphs 2(a) and (3) were omitted; and
c
after paragraph (19) there were inserted the following paragraph–
19A
a
The compensation payable under paragraph (19) above shall include a sum equivalent to the relevant costs.
b
Subject to the terms of any agreement between Railtrack PLC and the relevant train operators regarding the terms of payment of the relevant costs in respect of that train operator, Railtrack PLC shall promptly pay to each train operator the amount of any compensation which it receives under this paragraph which relates to the relevant costs of that train operator.
c
In this paragraph “relevant costs” means the costs, direct losses and expenses (including loss of revenue) reasonably incurred by each train operator as a consequence of any restriction in the use of Railtrack PLC’s railway network as a result of the construction, maintenance or failure of the specified works or any such failure act or omission as is mentioned in paragraph (19) above.
d
The obligation under this paragraph to pay Railtrack PLC the relevant costs shall in the event of default be enforceable direct by the train operator concerned.
8
Any dispute arising between the Executive and Railtrack PLC under this article (other than a dispute as to the meaning or construction of this article) shall be referred to and settled by arbitration in the manner provided by section 47 of the Greater Manchester (Light Rapid Transit System) Act 1988 .
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
A S D Whybrow
Head of Charging and Local Transport Division,
Department of the Environment, Transport and the Regions
23rd October 1998


text:
Citation and commencement
1
This Order may be cited as the Employment Rights (Increase of Limits) Order 1998 and shall come into force on 1st April 1998.
Revocation
2
Subject to article 4 below, the Employment Protection (Increase of Limits) Order 1995 is revoked.
Increase of limits
3
Subject to article 4 below, each of the limits referred to in the first and second columns of the Table in the Schedule to this Order is increased by the substitution, in place of the old amount specified in the third column, of the new amount specified in the fourth column.
Transitional provisions
4
1
The increases provided for in article 3 have effect in any case where the appropriate date falls on or after 1st April 1998.
2
In a case where the appropriate date falls before 1st April 1998, the limits having effect in relation to the case immediately before 1st April 1998 continue to apply.
3
In this article, “the appropriate date” means —
a
in the case of an application made under section 67 of the 1992 Act (compensation for unjustifiable discipline by a trade union), the date of the determination infringing the applicant’s right;
b
in the case of a complaint presented under section 137(2) of the 1992 Act (refusal of employment on grounds related to union membership) or section 138(2) of that Act (refusal of service of employment agency on grounds related to union membership), the date of the conduct to which the complaint relates, as determined by section 139 of that Act;
c
in the case of an application made under section 176(2) of the 1992 Act (compensation for exclusion or expulsion from a trade union), the date of the exclusion or expulsion from the union;
d
in the case of a guarantee payment to which an employee is entitled under section 28(1) of the 1996 Act, the day in respect of which the payment is due;
e
in the case of a complaint presented under section 111 of the 1996 Act (complaints of unfair dismissal), for the purpose of calculating the basic award, compensatory award or special award under section 118 of that Act and any special award under section 157 of the 1992 Act, the effective date of termination as defined by section 97 of the 1996 Act;
f
in the case of an award under section 117(1) or (3) of the 1996 Act, where an employer has failed to comply fully with the terms of an order for reinstatement or re-engagement or has failed to reinstate or re-engage the complainant in accordance with such an order, the date by which the order of reinstatement (specified under section 114(2)(c) of the 1996 Act) or, as the case may be, re-engagement (specified under section 115(2)(f) of that Act) should have been complied with;
g
in the case of entitlement to a redundancy payment by virtue of section 135(1)(a) of the 1996 Act (dismissal by reason of redundancy), the relevant date as defined by section 145 of that Act;
h
in the case of entitlement to a redundancy payment by virtue of section 135(1)(b) of the 1996 Act (lay-off or short-time), the relevant date as defined by section 153 of that Act; and
i
in the case of entitlement to a payment under section 182 of the 1996 Act (payments by the Secretary of State), the appropriate date as defined by section 185 of that Act.
Signed on behalf of the Secretary of State
Ian McCartney
Minister of State,
Department of Trade and Industry
30th March 1998


text:
Citation and commencement
1
These Regulations may be cited as the National Assistance (Sums for Personal Requirements) Regulations 1998 and shall come into force on 6th April 1998.
Sums needed for personal requirements
2
The sum which under section 22(4) of the National Assistance Act 1948 a local authority shall assume that a person will need for his personal requirements shall be £14.45 per week.
Revocation
3
The National Assistance (Sums for Personal Requirements) Regulations 1997 are hereby revoked.
Frank Dobson
One of Her Majesty’s Principal Secretaries of State,
Department of Health
3rd March 1998


text:
1
These Regulations may be cited as the Education (Mandatory Awards) (Amendment) Regulations 1998 and shall come into force on 18th February 1998.
2
In regulation 23(2)(a) of the Education (Mandatory Awards) Regulations 1997 , there shall be inserted after “his course”:
or by way of a loan towards his fees or maintenance, which is made or subsidised under the legislation of another member state of the European Community
.
Kim Howells
Parliamentary Under-Secretary of State,
Department for Education and Employment
27th January 1998


text:
Citation and commencement
1
These Regulations may be cited as the Civil Aviation (Navigation Services Charges) Regulations 1998 and shall come into force on 1st April 1998.
Interpretation
2
1
In these Regulations —
“aircraft documents”, in relation to any aircraft, means any certificate of registration, maintenance or airworthiness of that aircraft, any log book relating to the use of that aircraft or its equipment and any similar document;
“airport charges” means charges payable to a person owning or managing an aerodrome in the United Kingdom to which section 88 of the Civil Aviation Act 1982 or any enactment having the force of law in Northern Ireland containing provisions corresponding to that section for the time being applies for the use of, or for services provided at, the aerodrome but does not include charges payable by virtue of these Regulations;
“authorised person” means —
any constable; and
any person authorised by the CAA (whether by name or by class or description) either generally or in relation to a particular case or class of cases;
“the court” means, as respects England and Wales, the High Court, as respects Scotland, the Court of Session and, as respects Northern Ireland, the High Court of Justice in Northern Ireland;
“operator”, in relation to an aircraft, means the person who, at the relevant time, has the management of that aircraft;
“the specified amount” means, in relation to a landing or take-off, the additional cost incurred by the CAA in providing navigation services by reason of the landing or take-off, as the case may be, being made outside hours;
“the standard charge” means, for each complete metric tonne of the maximum total weight authorised of the aircraft in respect of which the charge is made, and for each fraction of a metric tonne, a charge for services provided in connection with the use of any one of the aerodromes specified in column 1 of the following Table in respect of an aircraft engaged on any flight, of the amount specified in relation to that aerodrome in column 2 of the said Table;
TABLE
(1) (2)
Heathrow-London For each metric tonne and for each fraction of a metric tonne up to 100 metric tonnes £1.21 For each additional metric tonne, and for each fraction of a metric tonne, over 100 metric tonnes £0.50 Gatwick-London For each metric tonne and for each fraction of a metric tonne up to 100 metric tonnes £1.21 For each additional metric tonne, and for each fraction of a metric tonne, over 100 metric tonnes £0.50 Stansted-London For each metric tonne and for each fraction of a metric tonne up to 100 metric tonnes £1.21 For each additional metric tonne, and for each fraction of a metric tonne, over 100 metric tonnes £0.50 Aberdeen (Dyce) £3.06 Edinburgh £2.20 Glasgow £2.16
“United Kingdom Air Pilot” means a document published by the CAA and so entitled;
“within hours” means within the notified hours of watch of the air traffic control unit at the aerodrome, and “outside hours” shall be construed accordingly.
2
Unless otherwise defined in this regulation and unless the context otherwise requires, expressions used in these Regulations shall have the same respective meanings as in the Air Navigation ( No. 2) Order 1995 .
Revocation
3
The Regulations specified in Schedule 1 hereto are hereby revoked.
Charges for navigation services at aerodromes
4
1
The operator of every aircraft for which navigation services are provided by the CAA in connection with the use of an aerodrome referred to in the Table in regulation 2(1) of these Regulations (whether or not the services are actually used or could be used with the equipment installed in the aircraft) shall pay to the CAA for those services on the occasion specified in the first column of the following Table the charges specified in relation to those occasions in the second column thereof —
TABLE
a
Upon each landing of the aircraft at that aerodrome within hours
the standard charge.
b
Upon each landing of the aircraft at that aerodrome outside hours
the standard charge surcharged by 75% or by the specified amount whichever is the greater.
c
Upon each take-off of the aircraft at that aerodrome outside hours being either —
i
a take-off which does not take place within 1 hour of landing or
ii
a take-off which takes place within 1 hour of a landing made within hours
the specified amount or 75% of the standard charge whichever is the greater.
2
Where on the occasion of any landing or take-off (as the case may be) other than one to which paragraph (4) applies in connection with a flight which is not for the purpose of public transport the shortest distance in the case of a landing between the aerodrome of departure and the aerodrome of landing and in the case of a take-off between the aerodrome of departure and the aerodrome of intended landing does not exceed 185 kilometres measured along the great circle, for the references to “the standard charge” in the Table in paragraph (1) of this regulation there shall be substituted references to “50% of the standard charge”.
3
Subject to paragraph (6) below, where on the occasion of any landing or take-off (as the case may be) at Aberdeen (Dyce), Edinburgh or Glasgow aerodrome by an aircraft on a scheduled journey the shortest distance in the case of a landing between the aerodrome of departure and the aerodrome of landing and in the case of a take-off between the aerodrome of departure and the aerodrome of intended landing does not exceed 185 kilometres measured along the great circle, for the references to “the standard charge” in the Table in paragraph (1) of this regulation there shall be substituted references to “50% of the standard charge”.
4
Where on the occasion of any landing or take-off (as the case may be) in connection with a flight made exclusively for the purpose of instruction or testing of flight crew, for the references to “the standard charge” in the Table in paragraph (1) of this regulation there shall be substituted references to “50% of the standard charge” in the case of any aerodrome referred to in the Table in regulation 2(1) of these Regulations.
5
The minimum charge payable under this regulation shall be £10.00.
6
Paragraph (3) above shall not apply to any flight to which regulation 7 applies.
Charges for approach services provided from an aerodrome to aircraft which do not land at that aerodrome
5
1
The operator of every aircraft engaged on a flight which is not for the purpose of public transport for which navigation services are provided by the CAA in connection with an approach to an aerodrome referred to in the Table in regulation 2(1) of these Regulations, not being the aerodrome of intended landing of the aircraft (whether or not the services are actually used or could be used with the equipment installed in the aircraft), shall pay to the CAA for those services for each approach to any aerodrome referred to in the said Table 25% of the standard charge.
2
The minimum charge payable under this regulation shall be £10.00.
Charges for services provided in the Shanwick Oceanic Control Area
6
The operator of every aircraft (whether or not registered in the United Kingdom) which flies within the Shanwick Oceanic Control Area, as described in the United Kingdom Air Pilot on the date these Regulations are made, and in respect of which a flight plan is communicated to the appropriate air traffic control unit in relation to its flight in that Area shall pay to the CAA, for the navigation services made available by it in relation to that flight, a charge of £63.00.
Charges for services provided for North Sea helicopters
7
1
The operator of every helicopter (whether or not registered in the United Kingdom) which flies within the area specified in paragraph (2) of this regulation while on a flight from any place in the United Kingdom to a vessel or an off-shore installation within the said area shall pay to the CAA, for the navigation services made available by it in relation to that flight, a charge of £123.00.
2
The area referred to in paragraph (1) of this regulation is the area bounded by straight lines joining successively the following points —
6300N 00500W; 632833N 000000EW; thence south along the UK Median Line to 5500N 00302E; 5500N 00100W; 5600N 00230W; 5740N 00230W; 5740N 00400W; 5830N 00400W; 5830N 00500W; 6300N 00500W.
3
The operator of every helicopter (whether or not registered in the United Kingdom) which flies within the area specified in paragraph (4) of this regulation while on a flight from any place in the United Kingdom to a vessel or an off-shore installation within the said area shall pay to the CAA for the navigation services made available by it in relation to that flight, a charge of £39.00.
4
The area referred to in paragraph (3) of this regulation is the area bounded by straight lines joining successively the following points —
5500N 00100W; 5500N 00300E; 5423N 00245E; 5256N 00309E; 5230N 00247E; 5226N 00137E; 5238N 00140E; 5251N 00124E; 5319N 00010E; 5500N 00100W.
Value Added Tax charge
8
For the purpose of reimbursing the CAA in respect of value added tax payable on the provision of navigation services for which a charge is payable pursuant to these Regulations there shall be charged an additional charge equal to the amount of such tax and the incidence of the first mentioned charge shall determine the incidence of the additional charge.
Services provided outside hours where the intention to land or take-off is not carried out
9
1
Subject to paragraph (2), whenever, by reason of its having received from the operator or commander of an aircraft notice of intention to make use outside hours of an aerodrome referred to in the Table in regulation 2(1) of these Regulations for landing or take-off or as an alternate aerodrome, the CAA provides navigation services outside hours but the aircraft does not land or take-off on the occasion specified in the notice, the operator of the aircraft shall pay, in respect of each such aerodrome —
a
in the case of an intended landing or intended use of the aerodrome as an alternate aerodrome, an amount equal to the surcharge payable under regulation 4(1)(b) of these Regulations on the landing of the aircraft outside hours;
b
in the case of an intended take-off, an amount equal to the charge, if any, which would have been payable under regulation 4(1)(c) of these Regulations if the aircraft had actually taken off outside hours at the intended time:
2
A charge shall not be payable under this regulation if the notice of intention is cancelled not less than 30 minutes before the end of the last period of watch within hours before the time specified in the notice for landing or for the intended use of the aerodrome as an alternate aerodrome or for take-off, as the case may be.
Dispensations
10
The CAA may dispense wholly or in part with any charge payable by virtue of these Regulations if it determines that it is proper to do so having regard to all the circumstances of the case.
Detention and sale of aircraft for unpaid charges
11
Where default is made in the payment of charges incurred in respect of any aircraft under these Regulations, the CAA or an authorised person may, subject to the provisions of this and the following regulations, take such steps as are necessary to detain, pending payment, either —
a
the aircraft in respect of which the charges were incurred (whether or not they were incurred by the person who is the operator of the aircraft at the time when the detention begins); or
b
any other aircraft of which the person in default is the operator at the time when the detention begins;
and if the charges are not paid within 56 days of the date when the detention begins, the CAA may, subject to the following regulations, sell the aircraft in order to satisfy the charges.
12
The CAA or authorised person concerned shall not detain, or continue to detain, an aircraft under these Regulations by reason of any alleged default in the payment of charges payable under these Regulations if the operator of the aircraft or any other person claiming an interest therein —
a
disputes that the charges, or any of them, are due or, if the aircraft is detained under regulation 11(a) of these Regulations, that the charges in question were incurred in respect of that aircraft; and
b
gives to the CAA, pending the determination of the dispute, sufficient security for the payment of the charges which are alleged to be due.
13
The CAA shall not sell an aircraft under these Regulations without the leave of the court; and the court shall not give leave except on proof that a sum is due to the CAA for charges under these Regulations, that default has been made in the payment thereof and that the aircraft which the CAA seeks leave to sell is liable to sale under these Regulations by reason of the default.
14
The CAA shall, before applying to the court for leave to sell an aircraft under these Regulations, take such steps for bringing the proposed application to the notice of interested persons and for affording them an opportunity of becoming a party to the proceedings as are set forth in Schedule 2 to these Regulations. If such leave is given, the CAA shall secure that the aircraft is sold for the best price that can be reasonably obtained; but failure to comply with any requirement of this regulation or of the said Schedule in respect of any sale, while actionable as against the CAA at the suit of any person suffering loss in consequence thereof, shall not, after the sale has taken place, be a ground for impugning its validity.
15
The proceeds of any sale under these Regulations shall be applied as follows, and in the following order, that is to say —
a
in payment of any customs duty which is due in consequence of the aircraft having been brought into the United Kingdom;
b
in payment of the expenses incurred by the CAA in detaining, keeping and selling the aircraft, including its expenses in connection with the application to the court;
c
in payment of the charges in respect of any aircraft which the Court has found to be due by virtue of these or any other Regulations under section 73 of the Civil Aviation Act 1982 ;
d
in payment of any airport charges incurred in respect of the aircraft which are due from the operator of the aircraft to the person owning or managing the aerodrome at which the aircraft was detained under these Regulations;
and the surplus, if any, shall be paid to or among the person or persons whose interests in the aircraft have been divested by reason of the sale.
16
The power of detention and sale conferred by these Regulations in respect of an aircraft extends to the equipment of the aircraft and any stores for use in connection with its operation (being equipment and stores carried in the aircraft) whether or not the property of the person who is its operator, and references to the aircraft in regulations 12 to 15 of these Regulations include, except where the context otherwise requires, references to any such equipment and stores.
17
The power of detention conferred by these Regulations in respect of an aircraft extends to any aircraft documents carried in it, and any such documents may, if the aircraft is sold under these Regulations, be transferred by the CAA to the purchaser.
18
The power conferred by these Regulations to detain an aircraft may be exercised on any occasion when the aircraft is on any aerodrome referred to in the Table in regulation 2(1) of these Regulations or to which section 88 of the Civil Aviation Act 1982 for the time being applies and to Belfast International Airport, Belfast City Airport and Eglinton Airport.
19
Nothing in these Regulations shall prejudice any right of the CAA to recover any charges, or any part thereof, by action.
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
2nd March 1998
We consent to the making of these Regulations.
Jim Dowd
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd March 1998


text:
1
These Regulations may be cited as the Prosecution of Offences (Custody Time Limits) (Modification) Regulations 1998 and shall come into force on 4th January 1999.
2
1
The Prosecution of Offences (Custody Time Limits) Regulations 1987 shall have effect in any area from which and any place to which a person is sent for trial under section 51 of the Crime and Disorder Act 1998 as if they were amended as follows.
2
In regulation 5, after paragraph (6A) there shall be inserted the following paragraph–
6B
Where an accused is sent for trial under section 51 of the Crime and Disorder Act 1998, the maximum period of custody between the accused being sent to the Crown Court by a magistrates' court for an offence and the start of the trial in relation to it, shall be–
a
in the case of an accused who first appears in a magistrates' court on or after 4th January 1999, 182 days less any period, or the aggregate of any periods, during which the accused has, since that first appearance for the offence, been in the custody of that court; and
b
in the case of an accused who first appeared in a magistrates' court before 4th January 1999, either–
i
the period described in sub-paragraph (a) above; or
ii
112 days,
whichever is the longer period.
.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
2nd December 1998