text:
Citation, commencement and interpretation
1
1
These regulations may be cited as the Teachers (Compensation for Redundancy and Premature Retirement) (Amendment) Regulations 1998 and shall come into force on 1st November 1998, but–
a
regulations 3, 4(a) and (c), 8, 15, 18, regulation 2 insofar as it relates to those regulations and regulations 20 and 21 shall have effect from 1st September 1998; and
b
regulation 19 and regulation 2 insofar as it relates to that regulation shall have effect from 3rd February 1998.
2
In these regulations “the Principal Regulations ” means the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1997 .
Amendment of Principal Regulations
2
The Principal Regulations shall be amended in accordance with regulations 3 to 19.
3
In regulation 2(2)–
a
for the definition of “the Superannuation Regulations” there shall be substituted the following definition–
“the Pensions Regulations ” means the Teachers' Pensions Regulations 1997 .
b
after the definition of “credited teacher” there shall be substituted the following definition–
“Education Action Forum” means a body corporate such as is referred to in section 11 of the School Standards and Framework Act 1998 ;
c
after the definition of “relevant employment” there shall be inserted the following definition–
“tax year” means the 12 months beginning with 6th April in any year;
.
4
In regulation 3–
a
for paragraph (3) there shall be substituted the following paragraph–
3
In any other case, subject to paragraphs (4) to (6), relevant employment is employment falling within paragraphs 1, 1A, 3, 4, 6, 7 or 25 of Schedule 2 to the Pensions Regulations .
;
b
in paragraph (5) for “5 or 5A” substitute “6 or 7”;
c
in paragraph (7) after sub-paragraph (a) there shall be inserted the following sub-paragraph–
aa
category AA comprises relevant employment where the teacher is employed by an Education Action Forum other than employment where the teacher is employed by the Forum by virtue of its discharging functions of the governing body of the school under section 12(2)(b) of the School Standards and Framework Act 1998,
.
5
In regulation 4–
a
in paragraph (7)(b)(i) and (iii) for “the Superannuation Regulations” there shall be substituted “the Pensions Regulations”;
b
in paragraph (7)(b)(ii) for “regulation B6 of the Superannuation Regulations” there shall be substituted “regulation B5 of the Pensions Regulations”;
c
in paragraph (7)(c) for “Case E in regulation E4(6)” there shall be substituted “Case C in regulation E4(4)”;
d
in paragraph (7)(e)(ii) for “Case F in regulation E4(7) of the Superannuation Regulations” there shall be substituted “Case D in regulation E4(5) of the Pensions Regulations”.
6
In regulation 6(2)–
a
in sub-paragraph (a) of the definition of “qualifying employment”, for “the Local Government Pension Scheme Regulations 1995 (“the 1995 Regulations ”)” there shall be substituted “the Local Government Pension Scheme Regulations 1997 (“the 1997 Regulations ”)”;
b
in sub-paragraph (b) of that definition for “the Superannuation Regulations” there shall be substituted “the Pensions Regulations”.
c
for sub-paragraph (f) of the definition of “relevant disqualification” there shall be substituted the following sub-paragraph–
f
the fact that the person was not eligible to be a member of the Scheme under regulation B2(2) of the Local Government Pension Scheme Regulations 1995 ,
d
in the definition of “the Scheme” for “the 1995 Regulations” there shall be substituted “the 1997 Regulations”.
7
In regulation 7–
a
in paragraph (1) for “Case F in regulation E4(7) of the Superannuation Regulations” there shall be substituted “Case D in regulation E4(5) of the Pensions Regulations” and for “E5(5)” there shall be substituted “E5(3);”
b
in paragraph (2) for “the Superannuation Regulations” there shall be substituted “the Pensions Regulations”;
c
in paragraph (3) for “the Superannuation Regulations” there shall be substituted “the Pensions Regulations” and for “E5(5)” there shall be substituted “E5(3)”;
d
in paragraph (4)–
i
for “the Superannuation Regulations” (in both places where that expression occurs) there shall be substituted “the Pensions Regulations”, and
ii
for “E5(3)” in both places where it occurs there shall be substituted “E5(5)”.
8
For regulation 8 there shall be substituted the following regulation–
Abatement of annual compensation during further employment
8
1
This regulation applies where the amount of retirement pension paid to a person is reduced under regulation E14 of the Pensions Regulations.
2
Where this regulation applies–
a
where by virtue of regulation E14(3)(a) of the Pensions Regulations no retirement pension is paid during a tax year, no compensation shall be paid in that tax year; and
b
in any other case the compensation to which the person is entitled under regulation 7 in any tax year shall be reduced if necessary so as to secure that the compensation paid during that tax year does not exceed
A × R S
where–
A has the same meaning as in regulation E14 of the Pensions Regulations,
R is the full annual rate of the person’s compensation under regulation 7 during the tax year in question as increased under the Pensions Increase Act 1971 , and
S is the total of–
the full annual rate of the person’s retirement pension;
the full annual rate of compensation payable under regulation 7; and
the full annual rate of all compensation payable under regulation 12,
for the tax year in question as increased under the Pensions Increase Act 1971.
3
Where compensation falls to be reduced under paragraph (2)(b) in any tax year the compensating authority shall pay the compensation in accordance with regulation 26 at the rate which is appropriate without taking account of the reduction until the amount to which the compensation is to be reduced (on the assumption that the person will remain in employment at the same salary for the remainder of the tax year) has been paid.
4
Once the appropriate amount of compensation has been paid as mentioned in paragraph (3) no further payment shall be made during that tax year unless the person ceases to be in the employment or is in employment at a lower salary in which case the compensating authority shall pay compensation during the remainder of the tax year to the person of such amount and at such times as is necessary in order to secure the result described in paragraph (2).
.
9
For regulation 9 there shall be substituted the following regulation–
Supplementary Death Grants
9
Where regulation E21 of the Pensions Regulations (“regulation E21”) applies and by virtue of regulation E21(2) or (3) a supplementary death grant equal to the deficiency referred to in those paragraphs multiplied by the appropriate factor may be paid under regulation E21, a supplementary death grant may be paid by the compensating authority to the person entitled under regulation E21 equal to the deficiency referred to in regulation E21(2) or (3) less the amount of supplementary death grant that may be paid under regulation E21.
10
In regulation 10–
a
in paragraph (1) for “E23 of the Superannuation Regulations” there shall be substituted “E24 of the Pensions Regulations” and for “E24(4)” there shall be substituted “E25(4)”;
b
in paragraph (2) for “E23” there shall be substituted “E24”.
11
In regulation 12–
a
the word “and” shall be inserted at the end of paragraph (4)(a) and paragraph (4)(b) shall be omitted.
b
in paragraphs (4)(c) and (5) (in both places where they occur) for “E5(5) or E6(3) of the Superannuation Regulations” there shall be substituted “E5(3) or E6(3) of the Pensions Regulations”;
c
in paragraph (10) for “the Superannuation Regulations” in both places where they occur there shall be substituted “the Pensions Regulations” and for “regulation E29” there shall be substituted “regulation E31”.
12
In regulation 13–
a
in paragraphs (1) and (2) (in both places where they occur) for“the Superannuation Regulations” there shall be substituted “the Pensions Regulations”;
b
in paragraph (3) for “E5(5) of the Superannuation Regulations” there shall be substituted “E5(3) of the Pensions Regulations”;
c
in paragraph (5) for “the Superannuation Regulations” there shall be substituted “the Pensions Regulations” and for “E4(7)” there shall be substituted “E4(5)”;
d
in paragraph (6)(a) for “E5(5) of the Superannuation Regulations” there shall be substituted “E5(3) of the Pensions Regulations”.
13
In regulation 14–
a
in paragraph (1)(a) for “E23 of the Superannuation Regulations” there shall be substituted “E24 of the Pensions Regulations”;
b
in paragraph (1)(b) for “B6” there shall be substituted “B5”.
14
In regulation 15–
a
in paragraph (1)(a) for “regulation E25 of the Superannuation Regulations” there shall be substituted “regulation E26 of the Pensions Regulations”;
b
in paragraph (1)(b) for “B6” there shall be substituted “B5”.
15
In regulation 20–
a
in paragraph (1) for “the Superannuation Regulations” there shall be substituted “the Pensions Regulations;”
b
for paragraphs (3) and (4) there shall be substituted the following paragraphs–
3
Where this regulation applies–
a
if the amount of the person’s salary in the employment during a tax year equals or exceeds (B+C−D) no compensation under regulation 12 shall be paid in that tax year; and
b
in any other case the compensation to which the person is entitled under regulation 12 in any tax year shall be reduced if necessary so as to secure that the compensation paid during that tax year does not exceed
A × T U
where–
A, B, C and D are the same as in regulation E14(3);
T is the full annual rate of the person’s compensation under regulation 12 as increased under the Pensions Increase Act 1971; and
U is the total of–
the full annual rate of the person’s assumed retirement pension,
the full annual rate of compensation payable under regulation 7, and
the full annual rate of all compensation payable under regulation 12,
for the tax year in question as increased under the Pensions Increase Act 1971 (or, if appropriate, in the case of the assumed retirement pension, as it would be increased under that Act).
4
Regulation 8(3) and (4) shall apply to the payment of compensation under regulation 12 which has been reduced under paragraph (3) (taking the reference in regulation 8(3) to paragraph (2)(b) as a reference to paragraph (3)(b) above and the reference in regulation 8(4) to paragraph (2) as a reference to paragraph (3) above).
5
For the purposes of paragraph (3)–
a
regulation E14(3) is in every case to be construed as if the former employment were pensionable employment; and
b
if the credited teacher has more than one entitlement to annual compensation payable under regulation 12, T comprises his total annual compensation payable under regulation 12 but each component is to be reduced under paragraph (3)(b) only in the proportion which it bears to that total.
.
16
In regulation 21(6) for “E29 of the Superannuation Regulations” there shall be substituted “E31 of the Pensions Regulations”.
17
In regulation 22 after paragraph (6) there shall be inserted the following paragraph–
6A
Where the former employment fell within category AA the Education Action Forum shall pay to the Secretary of State on receipt of a written demand a sum equal to the actuarial value of the total compensation payable.
18
In Schedule 1 after the entry for employment category A there shall be inserted (in the three respective columns)–
AA Education Action Forum Secretary of State
.
19
In paragraph 1 of Schedule 2 for “paragraph 29A of Part IV Schedule 10 (admitted service) to the Superannuation Regulations” there shall be substituted “paragraph 28A of Part IV of Schedule 10 (admitted service) to the Pensions Regulations ”.
Transitional provisions
20
In relation to the period starting on 1st September 1998 and ending on 5th April 1999 regulation 8 of the Principal Regulations as substituted by regulation 8 above shall have effect with the following modifications–
a
in paragraph (2)(a) for “during a tax year” there shall be substituted “during the period from 1st September 1998 to 5th April 1999 (“the initial period”)” and for “in that tax year” there shall be substituted “in the initial period”;
b
in paragraph (2)(b)–
i
for “in any tax year” there shall be substituted “in the initial period” and for “during the tax year” there shall be substituted “during the initial period”, and
ii
R and S shall be 7/12 of the values of R and S given in paragraph (2)(b),
c
in paragraph (3) for “in any tax year” there shall be substituted “in the initial period” and for “the tax year” there shall be substituted “the initial period”;
d
in paragraph (4) for “that tax year” there shall be substituted “the initial period” and for “the tax year” there shall be substituted “the initial period”.
21
In relation to the period starting on 1st September 1998 and ending on 5th April 1999 regulation 20 of the Principal Regulations as amended by regulation 15 above shall have effect with the following modifications–
a
in paragraph (3)(a) for “during a tax year” there shall be substituted “during the period from 1st September 1998 to 5th April 1999 (“the initial period”)” and for “in that tax year” there shall be substituted “in the initial period”;
b
in paragraph (3)(b)–
i
for “in any tax year” there shall be substituted “in the initial period” and for “during that tax year” there shall be substituted “during the initial period”,
ii
T and U shall be 7/12 of the values of T and U given in paragraph (3)(b).
Charles Clarke
Parliamentary Under Secretary of State,
Department for Education and Employment
21st September 1998
We consent
Jim Dowd
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd September 1998


type: legislation

jurisdiction: UK

text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (North Peak) Designation (Amendment) Order 1998 and shall come into force on 22nd June 1998.
Interpretation
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (North Peak) Designation (Amendment) Order 1993 , as amended at the date that this Order comes into force.
Amendment of the principal Order
3
The principal Order shall be amended in accordance with the following provisions of this Order.
4
In article 2(1) of the principal Order, the provisions immediately following the words “In this Order — ” to the end of article 2(1), in so far as they were made under section 18 of the Agriculture Act 1986, shall be deleted and the following definitions shall be inserted at their appropriate alphabetical place:
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in that area designated by article 3;
“capital activity” means an activity specified in Schedule 1 to this Order;
“conservation plan” means a plan incorporated into an agreement for the carrying out of one or more capital activities within a specified period;
“cultivated land” means land which is regularly ploughed or otherwise cultivated or that is regularly treated with fertilisers;
“farmer” means a person who has an interest in agricultural land in that area designated by article 3, and who has also entered into an agreement with the Minister;
“heather” means common heather ( calluna vulgaris ), and includes common heather growing in association with other ericaceous dwarf shrub species;
“management activity” means an activity specified in Schedule 2;
“meadowland” means grassland primarily used for the production of hay or silage;
“moorland” means land covered by semi-natural upland vegetation which is generally unenclosed except along ownership boundaries;
“public access route” means a strip of land which is the subject of an agreement and on which access is given to the public;
“relevant date” means 22nd June 1998;
“rough grazing” means land covered by semi-natural vegetation;
“semi-improved grassland” means permanent grassland which receives only small amounts of inorganic fertiliser and has not been regularly cultivated or reseeded;
“unimproved grassland” means grassland which has not been regularly ploughed, levelled, drained or reseeded or treated with fertilisers, lime, slag, herbicides or pesticides; and
“woodland” means land used for woodland where that use is ancillary to the farming of land for other agricultural purposes.
.
5
In article 3 of the principal Order, for the words “dated 3rd March 1993, signed and sealed by the Minister” there shall be substituted “dated 18th May 1998, signed on behalf of the Minister by the Parliamentary Secretary”.
6
For article 4 of the principal Order and the heading thereto there shall be substituted the following article and heading —
Matters in respect of which payments may be made
4
A payment to be made by the Minister under an agreement may be made in respect of —
a
a capital activity; or
b
a management activity which —
i
in the case of a payment to be made under an agreement entered into before the relevant date, is specified in Part I or Part II of Schedule 2; and
ii
in the case of a payment to be made under an agreement entered into on or after the relevant date, is specified in Part I of Schedule 2.
.
7
For article 5 of the principal Order and the heading thereto there shall be substituted the following article and heading —
Rates of payment
5
1
Payments to be made by the Minister under an agreement shall not exceed —
a
in the case of a management activity, the rate specified in respect of that activity in column 2 of Schedule 2; and
b
in the case of one or more capital activities included in a conservation plan, £100,000 in aggregate.
2
Any works which form part of an activity which constitutes both a management activity and a capital activity may by virtue of an agreement be eligible for payment either as part of a management activity or as part of a capital activity, but the agreement together with any conservation plan incorporated in it shall not provide for payment to be made on both such bases in respect of the same works.
.
8
For Schedule 1 to the principal Order there shall be substituted the Schedule set out in Schedule 1 to this Order.
9
For Schedule 2 to the principal Order there shall be substituted the Schedule set out in Schedule 2 to this Order.
10
The following provisions of the principal Order shall be deleted —
a
articles 4A and 6; and
b
Schedules 1A and 4.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
18th May 1998
We consent,
Graham Allen
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
19th May 1998


text:
Citation and commencement
1
This Order may be cited as the East Yorkshire Hospitals National Health Service Trust (Establishment) Amendment Order 1998 and shall come into force on 19th October 1998.
Amendment of NHS trust Establishment Order
2
For article 3 of the East Yorkshire Hospitals National Health Service Trust (Establishment) Order 1992 (functions of the trust) there shall be substituted the following article–
Nature and functions of the Trust
3
1
The trust is established for the purposes specified in section 5(1) 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 Authorities) shall be to provide and manage pursuant to section 5(1)(b) of the Act the following premises:
Castle Hill Hospital, Castle Road, Cottingham, HU16 5JQ;
Westwood Hospital, Woodland Drive, Beverley, HU17 8BU; and any associated premises,
and there to provide and manage hospital accommodation and services.
Signed by authority of the Secretary of State for Health.
Alan Milburn
Minister of State,
Department of Health
5th October 1998


text:
1
This Order may be cited as the Public Telecommunication System Designation (Esprit Telecom UK Limited) Order 1998 and shall come into force on 7th April 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
3rd March 1998


text:
1
This Instrument may be cited as “the Northamptonshire County Council (A45 Nene Valley Way Widening) (Bridge over the River Nene) Scheme 1997 Confirmation Instrument 1998” and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
2
The Northamptonshire County Council (A45 Nene Valley Way Widening) (Bridge over the River Nene) Scheme 1997 (“the Scheme”) is hereby confirmed without modifications.
3
The Scheme as confirmed is set out in the Schedule hereto and copies of the Scheme with its accompanying plan are deposited at the offices of the Department of the Environment, Transport and the Regions, St Christopher House, Southwark Street, London SE1 0TE, and at the offices of the Council of the Northamptonshire County Council at County Hall, Northampton NN1 1AW.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Dr D R Dobbie
Regional Director, Government Office for the North East
23 March 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines for Human Use (Marketing Authorisation Etc.) Amendment Regulations 1998 and shall come into force on 1st January 1999.
2
In these Regulations, “the principal Regulations ” means the Medicines for Human Use (Marketing Authorisation Etc.) Regulations 1994 .
Amendment of regulation 11 of the principal Regulations
2
In regulation 11 of the principal Regulations (other Schedules to have effect), after the words “Schedule 5 (labels),”, there shall be inserted the words “Schedule 5A (package leaflets),”.
Amendment of Schedule 5 to the principal Regulations
3
1
After paragraph 5(1)(e) of Schedule 5 to the principal Regulations (labels — relevant medicinal products on a general sale list), there shall be added the following —
f
if the product contains paracetamol, unless it is wholly or mainly intended for children who are twelve years old or younger, the words “Do not take with any other paracetamol — con taining products”, and
i
if a package leaflet accompanying the product displays the words set out in quotation marks in paragraph 1 of Schedule 5A, the words “Immediate medical advice should be sought in the case of an overdose, even if you feel well”, or
ii
if no package leaflet accompanies the product or the package leaflet does not display the words in paragraph 1 of Schedule 5A, the words “Immediate medical advice should be sought in the event of an overdose, even if you feel well, because of the risk of delayed, serious liver damage”;
g
if the product contains paracetamol and is wholly or mainly intended for children who are twelve years old or younger, the words “Do not give with any other paracetamol — containing products”; and
i
if a package leaflet accompanying the product displays the words set out in quotation marks in paragraph 2 of Schedule 5A, the words “Immediate medical advice should be sought in the case of an overdose, even if the child seems well”, or
ii
if no package leaflet accompanies the product or the package leaflet does not display the words in paragraph 2 of Schedule 5A, the words “Immediate medical advice should be sought in the event of an overdose, even if the child seems well, because of the risk of delayed, serious liver damage”.
2
In paragraph 5(2)(b) of Schedule 5 to the principal Regulations (labels — relevant medicinal products on a general sale list), after the words “of those sub-paragraphs” there shall be inserted the words “or sub-paragraph (1)(f) or (g)”.
Insertion of Schedule 5A to the principal Regulations
4
After Schedule 5 to the principal Regulations (labels), there shall be inserted the following Schedule —
SCHEDULE 5A
LEAFLETS
Regulation 11
1
Where in accordance with the relevant Community provisions a package leaflet is included in the packaging of a relevant medicinal product containing paracetamol, unless the product is wholly or mainly intended for children who are twelve years old or younger the leaflet shall display the words “Immediate medical advice should be sought in the event of an overdose, even if you feel well, because of the risk of delayed, serious liver damage”.
2
Where in accordance with the relevant Community provisions a package leaflet is included in the packaging of a relevant medicinal product containing paracetamol and the product is wholly or mainly intended for children who are twelve years old or younger, the leaflet shall display the words “Immediate medical advice should be sought in the event of an overdose, even if the child seems well, because of the risk of delayed, serious liver damage”.
Amendment of Schedule 3 to the principal Regulations
5
1
In paragraph 11 of Schedule 3 to the principal Regulations, after the words “or of Schedule 5”, there shall be inserted the words “or 5A”.
2
In paragraph 12 of Schedule 3 to the principal Regulations, after the words “or of Schedule 5”, there shall be inserted the words “or 5A”.
Signed by authority of the Secretary of State for Health
Hayman
Parliamentary Under Secretary of State,
Department of Health
10th December 1998


text:
PART I
PRELIMINARY
Citation
1
This Order may be cited as the Porthmadog Harbour Revision Order 1998 and shall come into force on 1st April 1998.
Interpretation
2
In this Order —
“the Act of 1847 ” means the Harbours, Docks and Piers Clauses Act 1847 ;
“charges” means the charges, rates, tolls or dues which the Council are for the time being authorised to demand, take and recover in relation to the undertaking;
“the Council” means Gwynedd Council;
“the deposited plan” means the plan signed in triplicate by the Head of Ports Division in the Department of the Environment, Transport and the Regions marked “Plan referred to in the Porthmadog Harbour Revision Order 1998,” one copy of which has been deposited and is available for inspection at the harbour offices, Porthmadog, and the other two at the Department of the Environment, Transport and the Regions;
“the existing works” means the works comprised in the harbour as existing under the repealed enactments at the commencement of this Order;
“the harbour” means the area the limits of which are delineated in red on the deposited plan and the harbour estate so far as it is not within that area;
“the harbour estate” means the docks, piers, wharves, quays, berths, roads, bridges, sheds and other works and conveniences, and the lands, buildings and property, which are for the time being vested in or occupied by the Council for the purposes of the harbour;
“the harbourmaster” means the person appointed by the Council to be the harbourmaster in relation to the harbour and includes the authorised deputies and assistants of the person so appointed and any person authorised by the Council to act as harbourmaster;
“hovercraft” has the same meaning as in the Hovercraft Act 1968 ;
“hydrofoil vessel” means a vessel, however propelled, designed to be supported on foils;
“the level of high water” means the level of mean high water springs;
“passenger boat” means a vessel licensed by the Council for the carriage of not more than 12 passengers;
“personal watercraft” means any watercraft (not being a structure which by reason of its concave shape provides buoyancy for the carriage of persons or goods) propelled by a jet engine or other mechanical means of propulsion and steered either —
by means of a handlebar-operated linkage system (with or without a rudder at the sterm);
by the person or persons riding the craft using his or their body weight for the purpose; or
by a combination of the methods referred to in (a) and (b) above;
“the repealed enactments” means the enactments specified in Part I of the Schedule to this Order;
“tidal work” means so much of any work vested in the Council and existing at the commencement of this Order as is on, under or over tidal lands below the level of high water;
“the Trinity House ” means the Corporation of Trinity House of Deptford Strond;
“the undertaking” means the undertaking for the time being of the Council in connection with the harbour;
“vessel” means every description of vessel, however propelled or moved, and includes any thing constructed or used to carry persons or goods by water, a seaplane on or in the water, a hovercraft and a hydrofoil vessel.
Incorporation of enactments
3
1
The Act of 1847 (except sections 6 to 22, 24 to 27, 42, 43, 48 to 50, 79, 80, 84 to 90, and 95 to 102) is, so far as applicable to the purposes of and not inconsistent with the provisions of this Order, hereby incorporated with this Order.
2
The Act of 1847 as so incorporated shall have effect subject to the following modifications —
a
the expression “the special Act ” means this Order, the expression “the undertakers” means the Council and the expression “the harbour, dock or pier” means the harbour;
b
sections 52 and 53 shall have effect in accordance with the provisions of Article 7 of this Order;
c
at the end of section 69 there shall be added the words “Provided that such sum shall not exceed one hundred pounds in total”.
Repeals
4
1
The enactments specified in Part I of the Schedule to this Order are hereby repealed.
2
Notwithstanding the repeal of enactments by this Order —
a
the Council may continue and maintain the existing works;
b
the transitional provisions and savings in Part II of the Schedule to this Order shall have effect.
PART II
DUTIES AND POWERS
General powers of Council in respect of harbour
5
1
The Council may, subject to the provisions of this Order, take such steps from time to time as they may consider necessary or desirable for the improvement, maintenance and management of the harbour and the facilities afforded therein or in connection therewith.
2
For those purposes, and without prejudice to the generality of the foregoing, the Council may —
a
improve, maintain, regulate and manage the harbour and, subject to the provisions of this Order, provide port facilities therein;
b
alter, remove and reconstruct structures and works in the harbour; and
c
do all other things which in their opinion are expedient to facilitate the efficient and proper carrying on of the undertaking or development of the harbour.
Porthmadog Harbour Consultative Committee
6
1
There shall be constituted a body to be known as the Porthmadog Harbour Consultative Committee, (in this article referred to as “the Committee”), which shall not be a committee of the Council.
2
Subject to the provisions of paragraphs (3) and (5) of this article, the Committee shall consist of fifteen members of whom —
a
one shall be the chairman and one shall be the vice-chairman of the Culture and Leisure Committee of the Council or other such committee of the Council as may from time to time be appointed by the Council to administer the harbour;
b
four shall be the members of the Council elected to represent wards or electoral divisions in the community of Porthmadog:
Provided that, if any such member of the Council is a member of the Committee by reason of being the chairman or vice-chairman of a committee referred to in sub-paragraph (a) above, the Council shall appoint another member of the Council to the Committee;
c
two shall be appointed by the Council from among the other members of the Council, of whom one shall be a member elected to represent an electoral division in the area of the district of Meirionydd as it existed before 1st April 1996;
d
one shall be appointed by the Porthmadog Town Council from among the members of that Council;
e
one shall be appointed by the Porthmadog Harbour Users' Association;
f
one, to represent commercial interests in the harbour, shall be appointed by the Council after consultation with such persons (if any) appearing to the Council to be representative of the said interests as the Council consider appropriate;
g
one, to represent industrial interests in the harbour, shall be appointed by the Council after consultation with such persons (if any) appearing to the Council to be representative of the said interests as the Council consider appropriate;
h
one, to represent leisure interests in the harbour, shall be appointed by the Council after consultation with such persons (if any) appearing to the Council to be representative of the said interests as the Council consider appropriate;
i
one, to represent fishing interests in the harbour, shall be appointed by the Council after consultation with such persons (if any) appearing to the Council to be representative of the said interests as the Council consider appropriate; and
j
one, to represent the interests of the several owners of the freehold and leasehold interests of lands within the harbour (other than the Council), shall be appointed by the Council after consultation with those owners.
3
If it appears to the Council in the case of the appointment referred to in sub-paragraph (e) of paragraph (2) above that the body by whom the appointment is to be made has refused or failed to appoint a member within two months after being requested by the Council to do so, or if the said body has ceased to have an identifiable existence, the appointment in question shall be made by the Council to be representative of the interests represented or formerly represented by the said body as the Council consider appropriate.
4
The Council may from time to time co-opt additional members to the Committee (but so that such additional members shall not at any time exceed three in number) who in their opinion have special knowledge or experience that would be of value to the Committee, and such members will be eligible to serve during the period specified by the Council at the time of their co-option.
5
It shall be the function of the Committee to consider and advise the Council upon such matters relating to the management, control and development of the harbour as may from time to time be referred to them by the Council for consideration.
6
It shall be the duty of the Council, in so far as it is reasonably practicable to do so, to consult the Committee on all matters which, in the opinion of the Council, substantially affect the management, control and development of the harbour; and the Council shall take into consideration any advice relating thereto that may be given by the Committee, but the Council shall not be bound to act in accordance with such advice.
7
The first meeting of the Committee shall be held as soon as reasonably practicable after the coming into operation of this Order and on such day and at such time and place as may be appointed by the Council, who shall make arrangements for notice of the meeting to be sent by post to each member of the Committee not less than 14 days before the day so appointed.
8
The Committee shall annually elect a Chairman and Vice-Chairman from among those of their number who are members of the Council.
9
The Committee shall meet at least twice a year, and all meetings shall be convened by the Council.
10
The Council shall determine the Committee’s quorum and procedure.
11
The Council shall arrange and ensure that minutes are kept of the proceedings of every meeting of the Committee.
12
The Council shall upon request make available to the Committee such documents and information pertaining to their duties and powers in relation to the harbour as the Committee may, in the opinion of the Council, reasonably require for the proper discharge of their functions.
13
The Council shall provide the Committee with such services and accommodation as appear to the Council to be appropriate.
Harbourmaster’s powers
7
1
In addition to the powers conferred on him by section 52 of the Act of 1847 as incorporated with this Order the harbourmaster may —
a
give directions prohibiting the mooring of vessels in any particular part or parts of the harbour; and
b
notwithstanding the provisions of section 33 of the said Act, impose terms and conditions upon which a passenger boat, hovercraft or hydrofoil vessel may enter the harbour.
2
The said section 52 as incorporated with this Order shall not be construed so as to require the harbourmaster in an emergency to give particular directions in the case of every vessel in respect of which it is desired to exercise any of the powers of that section; but in pursuance of that section for all or any of the purposes thereof, the harbourmaster may in an emergency give general directions applicable to all vessels or to particular classes of vessels.
3
Section 53 of the Act of 1847 as incorporated with this Order shall not be construed so as to require the harbourmaster to serve a notice in writing of his direction upon the master of a vessel, and such directions may be given orally or otherwise communicated to the master on any occasion when it is not reasonably practicable for a written notice to be served on the master.
Power to dredge
8
1
The Council may from time to time deepen, dredge, scour, cleanse, alter and improve the bed and foreshore of the harbour.
2
No materials taken up or collected in the exercise of the powers of this article shall be deposited below the level of high water except in such position as the Secretary of State may approve and subject to such conditions or restrictions as he may impose.
Council may provide dredgers, tugs, etc.
9
1
The Council may from time to time purchase, lease, contract for or hire and may maintain and use dredgers, tugs, hoppers, barges or other powered craft —
a
as may be necessary or expedient for or in relation to any of the purposes mentioned in article 8 of this Order; or
b
for the use and accommodation of vessels within the harbour, and for this purpose they may let such craft.
2
In addition to the said purposes the Council may purchase, lease, hire, provide and may maintain and use all such dredging and other machines, engines, craft, machinery and appliances as may be necessary or expedient for the purposes of their duties or powers in respect of the harbour.
Power to provide boating facilities
10
The Council may construct, lay down, maintain and operate in the harbour such works for the provision of boating or marina facilities as they may consider requisite.
Powers as to moorings, etc.
11
1
The Council may place, lay down, maintain and use moorings in the harbour and on land adjoining the waters of the harbour in or in respect of which they have an interest or right entitling them to do so.
2
The Council may demand, take and recover in respect of any vessel using any of the moorings provided by the Council under this article such reasonable charges as may from time to time be prescribed by the Council.
3
a
The Council may grant to a person a licence to place, lay down, maintain or use existing and future moorings in the harbour.
b
Nothing in any such licence shall entitle a person to place, lay down, maintain and use any mooring on land in or in respect of which neither he nor the Council have an interest or right entitling him or them to do so.
c
The Council shall not refuse to grant a licence to a person who has an interest or right in respect of land and in respect of which the Council has no such interest or right to place, lay down, maintain and use existing moorings on that land unless they are satisfied that the placing, laying down, maintenance or use of the moorings to which the application relates would constitute a danger to or interfere with the navigation of vessels in the harbour or would in the opinion of the Council prejudice the good management and administration of the harbour.
4
Any licence granted under paragraph (3) above shall be subject to such terms and conditions as may be specified in the licence.
5
The Council may charge a reasonable fee for granting a licence under paragraph (3) above.
6
Any person who —
a
intentionally obstructs any person acting under the authority of the Council in placing, laying down, maintaining or using moorings; or
b
intentionally pulls up or removes any moorings or any poles or stakes driven into the ground for the purpose of such moorings; or
c
places, lays down, maintains or uses in the harbour any mooring not provided or licensed by the Council under this article; or
d
without reasonable excuse causes a vessel to be moored except at a mooring provided or licensed by the Council under this article or at a quay, jetty, slipway or other work;
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
7
If —
a
any person contravenes sub-paragraph (c) of paragraph (6) above the Council may remove the mooring in question and recover from that person the expenses incurred in so doing;
b
any vessel is moored at a mooring in contravention of sub-paragraph (d) of paragraph (6) above the Council may remove that vessel to another mooring and such removal shall be carried out at the expense and risk of the owner of the vessel.
Powers with respect to disposal of wrecks
12
1
In its application to the Council section 252 of the Merchant Shipping Act 1995 (which confers on harbour authorities within the meaning of that Act powers with respect to, any vessel sunk, stranded or abandoned in, or in or near any approach to, any harbour or tidal water under the control of a harbour authority in such manner as to be, or be likely to become, an obstruction or danger to navigation or to lifeboats engaged in lifeboat service in that harbour or water or approach thereto) shall have effect in relation to a vessel sunk, stranded or abandoned before, as well as after, the coming into force of this Order.
2
Subject to paragraph (3) below and to any enactment for the time being in force limiting his liability, the Council may recover from the owner of any vessel in relation to which they have exercised their powers under the said section 252 any expenses reasonably incurred by them under that section in relation to that vessel which are not reimbursed out of any proceeds of sale within the meaning of that section.
3
a
Except in a case which is in the opinion of the Council a case of emergency, paragraph (2) above shall not apply in relation to any vessel unless before exercising in relation to that vessel any of the powers conferred on them by the said section 252, other than the power of lighting and buoying, the Council have given to the owner of the vessel not less than forty-eight hours' notice of their intention to do so.
b
If before the notice expires the Council receive from the owner counter-notice in writing that he desires to dispose of the vessel himself, he shall be at liberty to do so; and the Council shall not exercise the powers in the said section 252 in relation to that vessel until the expiration of seven days from the receipt of the counter-notice and of any further continuous period thereafter during which the owner of the vessel proceeds with the disposal thereof with all reasonable diligence and in compliance with any directions for the prevention of interference with navigation which may be given to him by the Council.
4
Notice under paragraph (3) above to the owner of any vessel may be served by the Council either by delivering it to him or by sending it to him by the recorded delivery service addressed to him at his last known place of business or abode in the United Kingdom or, if the owner or any such place of business or abode is not known to the Council, by displaying the notice at the harbour offices, Porthmadog, for the period of its duration.
5
In this article the word “owner”, in relation to any vessel, means the person who was the owner of the vessel at the time of the sinking, stranding or abandoning thereof, and for the purposes of this article the word “vessel” includes any aircraft.
Power to deal with unserviceable vessels
13
1
In addition to the powers conferred on the harbourmaster by section 57 of the Act of 1847 and on the Council by virtue of the Merchant Shipping Act 1995 and by other provisions of this Order, the Council may remove, sell, destroy or otherwise dispose of any vessel laid by or neglected as unserviceable in, or on land adjoining, the waters of the harbour.
2
The Council may retain out of the proceeds of sale of any such vessel, or any part thereof, any expenses incurred by them in respect of the vessel or in marking, buoying, lighting or otherwise controlling the vessel or warning shipping of its presence and any expenses incurred by the harbourmaster under section 57 of the Act of 1847, and shall pay the surplus, if any, to the person entitled thereto.
3
If the proceeds of sale are insufficient to reimburse the Council for the said expenses, or there is no sale, the Council may recover the deficiency, or, where there is no sale, the whole of the expenses, from the owner as a debt.
4
Except in the case of emergency, the Council shall, before exercising their powers under this article, give seven clear days' notice in writing of their intention to do so to the registered owner of the vessel and by advertisement in each of three successive weeks in a local newspaper or, if the owner or his place of business or abode is not known to the Council or is outside the United Kingdom, by displaying the notice at the harbour offices, Porthmadog, for the period of its duration.
Power to remove goods
14
1
If any goods are left on or in any part of the harbour estate the Council may require the owner of the goods to remove them.
2
If the goods are not removed within six hours after the Council have so required, the Council may cause them to be removed to their own or any other public warehouse or store, and such removal shall be carried out at the expense of the owner.
3
Notwithstanding such removal on behalf of the Council the goods shall be subject to a lien for the cost of the removal, and for any charges payable by the owner in respect of the goods.
4
The powers of the Council to prevent the removal of goods until the cost of the removal and charges payable by the owner have been paid shall extend and apply to any goods removed or placed in store under the powers of this article.
Power to provide parking places
15
The Council may provide facilities (including shelters) within the harbour for the parking of vehicles and for that purpose may erect barricades or fencing with related offices, waiting rooms and other conveniences and may make reasonable charges for the use of such facilities.
Removal of vehicles, etc.
16
1
If a vehicle or vessel is left without the permission of the Council —
a
in any place where it is likely to obstruct or interfere with the use of the harbour; or
b
in any part of the harbour where the parking of vehicles or vessels is prohibited by notice erected by the Council;
the Council may remove the vehicle or vessel or cause it to be removed.
2
Any notice erected under paragraph (1)(b) above shall be conspiciously posted in or close to the place to which it relates.
3
a
Where the Council in exercise of the powers of this article remove a vehicle or vessel or cause it to be removed they shall as soon as practicable inform the police.
b
The expenses of and incidental to the removal of a vehicle or vessel under this article shall be recoverable by the Council from any person responsible.
4
For the purposes of paragraph (3) above “person responsible” means —
a
the owner of the vehicle or vessel at the time when it was put in the place from which it was removed under paragraph (1) above, unless he shows that he was not concerned in, and did not know of, its being put there; or
b
any person by whom the vehicle or vessel was put in that place.
5
If the Council in exercise of the powers of this article remove a vehicle to a place not readily visible from the place whence it is so removed they shall, if and as soon as it is reasonably practicable to do so, send to the person in whose name the vehicle was, at the time it was removed, registered under the Vehicle Excise and Registration Act 1994 at his last known address, his registered address or the address where the vehicle is ordinarily kept, notice that they have exercised the powers of this article and of the place to which the vehicle has been removed.
6
A notice stating the general effect of paragraph (1) above shall be displayed in a prominent position at each place where a road accessible to vehicles enters any part of the harbour estate.
Provision against danger to navigation
17
1
In case of injury to or destruction or decay of a tidal work or any part thereof, the Council shall as soon as is reasonably practicable notify the Trinity House and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as the Trinity House shall from time to time direct.
2
If the Council fail to notify the Trinity House as required by paragraph (1) above, or to comply in any respect with a direction given under the said paragraph they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to a fine; but it shall be a defence for the Council to prove that all due diligence was exercised to avoid the commission of the offence.
Abatement of works abandoned or decayed
18
1
Where a tidal work is abandoned or suffered to fall into decay the Secretary of State may by notice in writing require the Council at their own expense either to repair and restore the work or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.
2
Where a work consisting partly of a tidal work and partly of works vested in the Council on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work, or any portion thereof, in any notice under paragraph (1) above.
3
If, on the expiration of thirty days from the date when a notice under paragraph (1) above is served upon the Council, they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; and any expenditure incurred by him in so doing shall be recoverable from the Council.
Survey of tidal works
19
The Secretary of State may at any time, if he deems it expedient, order a survey and examination of a tidal work, and any expenditure incurred by the Secretary of State in such a survey and examination shall be recoverable from the Council.
Permanent lights on tidal works
20
1
The Council shall at the outer extremity of every tidal work exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as the Trinity House shall from time to time direct.
2
If the Council fail to comply in any respect with a direction given under paragraph (1) above they shall be liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to a fine.
3
In proceedings for an offence under paragraph (2) above, it shall be a defence for the Council to prove that it took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
4
If in any case the defence provided by paragraph (3) above involves an allegation that the commission of the offence was due to the act or default of another person, the Council shall not, without the leave of the court, be entitled to rely on that defence unless, within a period of seven clear days before the hearing, it has served on the prosecutor a notice in writing giving such information identifying, or assisting in the identification of, that other person as was then in its possession.
PART III
CHARGES
Charges on certain floating articles
21
In addition to their power to demand, take and recover ship, passenger and goods dues under section 26 of the Harbours Act 1964 the Council may demand, take and recover in respect of any dracone or floating dock, crane rig, drilling rig or other floating plant (not being a ship within the meaning of section 57 of the said Act) entering, using, or leaving the harbour such charges as the Council think fit, and the provisions of sections 30 and 31 of the said Act (which require lists of charges to be available for inspection and sale; and give a right of objection to ship, passenger and goods dues) shall, with any necessary modifications, apply to the charges authorised by this article as they apply to ship, passenger and goods dues.
Charges for services or facilities
22
The Council may demand, take and recover for services and facilities provided by them at the harbour such reasonable charges as they may determine.
Payment of charges
23
1
The several charges which the Council are for the time being authorised to demand, take and recover under this Order or any other enactment relating to the harbour may be demanded, taken and recovered by such persons, at such places, at such times and under such conditions as the Council may from time to time specify in their published list of charges and, in the case of charges payable in respect of any vessel, shall be payable before its removal from the harbour.
2
Charges in respect of a vessel shall be payable by the owner of the vessel at the time the charges are levied or by such other person as at that time has charge of the vessel.
3
Where charges may be recovered by the Council from more than one person, the persons from whom they may be recovered shall be jointly and severally liable.
4
Nothing in section 30 of the Harbours Act 1964 shall require the Council to include in the list of ship, passenger and goods dues to be kept, as required by subsection (1) of that section, charges which have been reduced by virtue of any rebate or compounding arrangement in respect of a due included in the said list.
Deposit for charges
24
The Council may require any person who is liable, or may become liable, to pay a charge to the Council to deposit with their collector, or to guarantee, such sum as in the opinion of the Council is reasonable having regard to the amount or probable amount of the charge.
Recovery of charges
25
In addition to any other remedy given by this Order and by the Act of 1847 as incorporated with this Order (and, in a case where the master of a vessel in respect of which a charge is payable to the Council refuses or neglects to pay the same or any part thereof whether or not the Council’s collector has gone on board the vessel and demanded the charge pursuant to section 44 of the said Act), the Council may recover any charges payable to them as a debt.
Payment of charges on warehoused goods
26
Notwithstanding the provisions of article 23 of this Order, the owner or person having the charge of any goods warehoused, placed, stored or yarded in a warehouse, transit shed or area, store or yard of the Council shall, before the removal of any of the goods therefrom and at such date or dates as shall be fixed by the Council, pay such charges as shall be then due and payable on the goods.
Exemption of lifeboat crew from charges
27
All persons going to or returning from any lifeboat or using any apparatus for saving life and being persons either belonging to the crew of the lifeboat or to the coastguard or being persons for the time being actually employed in saving life or in exercising or using the lifeboat or the apparatus for saving life and all persons brought ashore from any vessel in distress shall at all times have free ingress, passage and egress to, along and from the harbour without payment.
Officers exempt from charges
28
Officers of the Department of the Environment, Transport and the Regions acting in the execution of their duty shall at all times have free ingress, passage and egress to, along and from the harbour without payment.
PART IV
BYELAWS
General byelaws
29
In addition to the byelaws which may be made by the Council under section 83 of the Act of 1847 the Council may make byelaws for all or any of the following purposes —
a
for regulating the operation and superintendence of the harbour;
b
for regulating the movement (including the speed) and berthing of vessels within, and the departure of vessels from, the harbour, or the removal of vessels from the harbour, and for the good order and government of vessels whilst within the harbour;
c
for regulating or prohibiting the mooring, careening or beaching and keeping of vessels in the harbour;
d
for preventing damage or injury to any vessel, goods, vehicle, plant, machinery, property or persons within the harbour or on the harbour estate;
e
for regulating the conduct of persons in vessels or otherwise in the harbour;
f
for regulating the placing, maintenance and use of moorings within the harbour;
g
for preventing or removing obstructions or impediments within the harbour or in or near the seaward approaches to the harbour;
h
for regulating the removal and disposal of ballast brought by vessels entering the harbour and the supply of ballast to vessels within the harbour, so as to prevent any unnecessary obstruction by ballast;
i
for regulating the use of ferries within the harbour;
j
for regulating the use of vessels within the harbour;
k
for regulating or prohibiting the use of personal watercraft within the harbour;
l
for regulating or prohibiting the activities within the harbour of divers, surfers, water skiers and other persons engaged in similar recreational pursuits;
m
for regulating the holding of regattas and other public events so far as within the harbour;
n
for regulating the launching of vessels within the harbour and the use of slipways and landing places;
o
for regulating or preventing the use in the harbour or on board any vessel therein of fires, lights or any other equipment, tools or appliances which the Council consider involve risk of fire;
p
for the prevention of nuisances in the harbour;
q
for regulating the movement, speed and parking of vehicles within the harbour estate;
r
for regulating the exercise of the powers vested in the harbourmaster;
s
for securing the safety of vessels and persons using, and of property within, the harbour;
t
for regulating the removal or disposal of rubbish (including ballast, earth, clay or other refuse) and sewage from vessels in the harbour;
u
for preventing the disposal of such rubbish and sewage in the harbour.
Byelaws as to lights, signals, etc.
30
1
The Council may make byelaws for all or any of the following purposes —
a
for prescribing the lights and signals to be carried, exhibited or made by vessels while being used, navigated or moored within the harbour;
b
for prescribing the lights and signals to be exhibited or made by vessels aground within the harbour;
c
for prescribing the lights and signals to be exhibited or made by wreck-marking vessels or by other devices used for marking obstructions within the harbour;
d
for prescribing steering and sailing rules for regulation of vessels used or navigated within or entering or leaving the harbour;
e
for prescribing the lights and signals to be exhibited or made at the entrance to any dock or at any wharf, pier or other work for assisting the navigation of vessels within the harbour.
2
In this article “signals” include sound signals.
3
Different provision may be made under this article in relation to different classes of vessel.
Confirmation of byelaws and fines thereunder
31
1
a
In relation to byelaws relating to the harbour made by the Council under this Order or any other enactment, section 236 of the Local Government Act 1972 shall have effect subject to the following modifications —
i
the Secretary of State shall be the confirming authority;
ii
in subsection (7), after the word “confirm” where it first occurs there shall be inserted the words “with or without modification”.
b
If the Secretary of State proposes to make a modification which appears to him to be substantial —
i
he shall inform the Council and require them to take any steps he considers necessary for informing persons likely to be concerned with the modification; and
ii
he shall not confirm the byelaws until such period has elapsed as he thinks reasonable for consideration of, and comment upon, the proposed modification by the Council and by other persons who have been informed of it.
2
Byelaws made by the Council to which the foregoing provisions of this article apply may contain provisions imposing upon a person offending against a byelaw a fine not exceeding level 3 on the standard scale.
PART V
MISCELLANEOUS
Crown rights
32
Nothing in this Order shall affect prejudicially any estate, right, power, privilege, or exemption of the Crown and, in particular and without prejudice to the generality of the foregoing, nothing herein contained shall authorise the Council to take, use or in any manner interfere with any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary or any land, hereditaments, subjects or rights of whatsoever description belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Commissioners on behalf of Her Majesty being first had and obtained for that purpose.
Saving for the Trinity House
33
Nothing in this Order shall prejudice or derogate from any of the rights or privileges or the jurisdiction or authority of the Trinity House.
For protection of Dwr Cymru Cyfyngedig
34
1
The following provisions of this article shall, unless otherwise agreed in writing between the Council and Dwr Cymru Cyfyngedig (in this article referred to as “the company”), have effect for the protection of the company.
2
In this article —
“protected work” means any work, building, structure, plant, appliance, main, pipe, sewer outfall or other apparatus owned or maintained by, or under the control of, the company for the purposes of its functions as sewerage undertaker or water undertaker;
“the relevant powers” means the powers conferred on the Council by any of the following provisions of this Order —
Article 5
Article 8
Article 10
Article 11
Article 12
Article 13
Article 15.
3
In exercising the relevant powers the Council, or any person acting by arrangement with the Council, shall not without the consent of the company (which consent shall not be unreasonably withheld or delayed) damage, injuriously affect or interfere with a protected work or render unreasonably inconvenient the access to a protected work.
4
a
If the company have reasonable ground for believing that any protected work is likely to be damaged, injuriously affected or interfered with by reason of the exercise of the relevant powers, it may carry out such protective works or measures as are reasonably necessary to avoid or mitigate such damage, affection or interference.
b
If as a consequence of the exercise of the relevant powers a protected work is damaged, injuriously affected or interfered with, the company may take such steps as are reasonably necessary to make good the damage, affection or interference.
c
Protective works or measures which the company may carry out under sub-paragraph (a) above and the steps which the company may take under sub-paragraph (b) above shall be such as may in either case be agreed between the Council and the company or, in default of agreement, as may be settled by arbitration, and the company may recover the reasonable costs thereof from the Council (including a proper proportion of the overhead charges of the company).
5
a
If as a result of the exercise of the relevant powers the company reasonably incur additional expenditure in respect of the maintenance or operation of any protected work affected by the exercise of the relevant powers, or in complying with any discharge consent under Chapter II of Part III of the Water Resources Act 1991 in relation to a protected work, the company may recover such expenditure from the Council.
b
Nothing in sub-paragraph (a) above shall impose any liability on the Council with respect to any expenditure which may be attributable to the act, neglect or default of the company, its contractors, agents, workmen or servants.
6
Not less than two months before the Council undertake any dredging (other than maintenance dredging) in exercise of the powers of article 8 of this Order they shall consult the company.
7
Not less than two months before the Council make, amend or revoke any byelaws under article 29 or article 30 of this Order or under section 83 of the Act of 1847 they shall consult the company.
8
Any difference arising between the company and the Council under this article (other than a difference as to the meaning or construction of this article) shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed, on the application of either party (after notice in writing to the other), by the President of the Institution of Civil Engineers.
For protection of Environment Agency
35
1
The following provisions of this article shall, unless otherwise agreed in writing between the Council and the Environment Agency (in this article referred to as “the agency”), have effect for the protection of the agency.
2
Before the Council undertake —
a
any dredging (other than maintenance dredging) in exercise of the powers of article 8 of this Order; or
b
any other operation authorised by this Order:
which is likely to affect adversely the main river, they shall consult the agency.
3
Nothing in this Order or in any enactment incorporated with this Order shall prejudice or affect the application of any byelaws made under the Water Resources Act 1991 or the Land Drainage Act 1991 or relieve any person of the obligation to obtain any consent required under section 109 of the Water Resources Act 1991 or section 23 of the Land Drainage Act 1991.
4
Officers of the agency acting in the execution of their duty shall at all times have free ingress, passage and egress to, along and from the harbour without payment.
5
In this article “the main river” means so much of the River Glaslyn as is a main river within the meaning of the Water Resources Act 1991.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
S K Reeves
Head of Ports Division
Department of the Environment, Transport and the Regions
9th March 1998


text:
Citation, Commencement and Interpretation
1
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programmes of Study in Music) (England) Order 1998 and shall come into force on 1st September 1998.
2
In this Order–
“The Document” means the Document published by Her Majesty’s Stationery Office in January 1995 entitled “Music in the National Curriculum (England)” .
3
This Order applies only to pupils at maintained schools and grant-maintained schools (other than schools established in a hospital) in England.
Revocation
2
The Education (National Curriculum) (Attainment Targets and Programmes of Study in Music) (England) Order 1995 is hereby revoked.
Specification of attainment targets and programmes of study
3
It is hereby directed that the provisions relating to attainment targets and programmes of study set out in the Document shall have effect in relation to schools in England for the purpose of specifying attainment targets and programmes of study in relation to music music subject to the amendments set out in the Schedule.
4
The examples printed in italics in the Document (which serve to illustrate the programmes of study described therein) do not form part of the provision made by this Order.


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Castle Morpeth (Electoral Changes) Order 1998.
2
This Order shall come into force for all purposes on 6th May 1999, except that for the purpose of all proceedings preliminary or relating to an election to be held on or after that date this Order shall come into force on 10th October 1998.
3
In this Order–
“the borough” means the borough of Castle Morpeth;
“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 Castle Morpeth (Electoral Changes) Order 1998”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of Castle Morpeth
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes, or parishes and parish wards, or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or other similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Morpeth
3
1
The existing wards of the parish of Morpeth shall be abolished.
2
The parish shall be divided into five parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the borough ward specified in respect of that parish ward in column (2) of that Schedule and the number of councillors to be elected for each parish ward shall be three.
Wards of the parish of Ponteland
4
1
The existing wards of the parish of Ponteland shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the borough ward specified in respect of that parish ward in column (2) of that Schedule and the number of councillors to be elected for each parish ward shall be three.
Parish of Stannington
5
The existing wards of the parish of Stannington shall be abolished and the number of councillors to be elected for the council of that parish shall be eight.
Revocation
6
The Borough of Castle Morpeth (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
21st September 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Dumfries and Galloway Primary Care 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 Dumfries and Galloway Primary Care 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 Dumfries and Galloway Primary Care 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 Annan Hospital, Annan, Dalrymple Hospital, Stranraer and Crichton Royal Hospital and Nithbank Hospital, both Dumfries, 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 Dumfries and Galloway 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 Dumfries and Galloway Health Board.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 7A to the Act (maximum value of freely disposable assets) in relation to the trust shall be £500,000.
Sam Galbraith
Minister for Health, Scottish Office
St Andrew’s House,
Edinburgh
30th October 1998


text:
Citation and commencement
1
These Regulations may be cited as the Retirement Benefits Schemes (Restriction on Discretion to Approve) (Excepted Provisions) Regulations 1998 and shall come into force on 7th April 1998.
Interpretation
2
In regulations 4 and 5 —
“the 1991 Regulations ” means the Retirement Benefits Schemes (Restriction on Discretion to Approve) (Small Self-administered Schemes) Regulations 1998 ;
“the 1998 Regulations ” means the Retirement Benefits Schemes (Restriction on Discretion to Approve) (Small Self-administered Schemes) (Amendment) Regulations 1998 .
Descriptions of provisions
3
Regulations 4 and 5 specify descriptions of provisions for the purposes of subsection (2) of section 591A of the Income and Corporation Taxes Act 1988, each provision so specified being a provision of a required description within the meaning of subsection (5)(b) of that section.
4
The description of provision specified in this regulation is the provision specified in regulation 5 of the 1991 Regulations as amended by regulations 6 and 7 of the 1998 Regulations.
5
The description of provision specified in this regulation is the provision specified in regulation 9 of the 1991 Regulations as substituted by regulation 9 of the 1998 Regulations.
S. C. T. Matheson
C. W. Corlett
Two of the Commissioners of Inland Revenue
17th March 1998


text:
Citation and commencement
1
This Order may be cited as the Vaccine Damage Payments Act 1979 Statutory Sum Order 1998 and shall come into force on the day after the day on which it is made.
Statutory sum for the purposes of the Vaccine Damage Payments Act 1979
2
For the purposes of section 1 (1A) of the Vaccine Damage Payments Act 1979 the statutory sum is £40,000.
Revocation
3
The Vaccine Damage Payments Act 1979 Statutory Sum Order 1991 is hereby revoked.
Signed by authority of the Secretary of State for Social Security.
Patricia Hollis
Parliamentary Under-Secretary of State,
Department of Social Security
30th June 1998
We consent,
Bob Ainsworth
John McFall
Two of the Lords Commissioners of Her Majesty’s Treasury
30th June 1998


text:
Citation and commencement
1
These Regulations may be cited as the Environmental Protection (Controls on Hexachloroethane) Regulations 1998 and shall come into force on 1st April 1998.
Interpretation
2
Unless the context otherwise requires, expressions used in these Regulations which are also used in Council Directive 76/769/ EC on the approximation of the laws, regulations and administrative provisions of the member States relating to restrictions on the marketing and use of certain dangerous substances and preparations , as amended for the fifteenth time by European Parliament and Council Directive 97/16/EC , shall have the meaning they bear in that Directive.
Prohibition of the use of hexachloroethane in the manufacturing and processing of non-ferrous metals
3
Subject to regulation 4, no person shall use hexachloroethane in the manufacturing or processing of non-ferrous metals.
Exceptions to the prohibition
4
Hexachloroethane may be used in the manufacturing or processing of non-ferrous metals: —
a
for research and development or analysis purposes;
b
in non-integrated aluminium foundries producing specialised castings for applications requiring high quality and high safety standards and where consumption is less than 1.5 kilogrammes of hexachloroethane per day on average; and
c
for grain refining in the production of the magnesium alloys AZ81, AZ91 and AZ92.
Offences and penalties
5
Any person who contravenes regulation 3, or causes or permits another person to contravene that regulation, shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale and, on conviction on indictment, to a fine.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Michael Meacher
Minister of State,
Department of the Environment, Transport and the Regions
23rd February 1998
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
26th February 1998
Sewel
Parliamentary Under Secretary of State, Scottish Office
3rd March 1998


text:
1
These Regulations may be cited as the Housing (Change of Landlord) (Payment of Disposal Cost by Instalments) (Amendment) (No. 2) Regulations 1998 and shall come into force on 18th September 1998.
2
In regulation 3(3) of the Housing (Change of Landlord) (Payment of Disposal Cost by Instalments) Regulations 1990 (payment by instalments) for “8.17 per cent.” substitute “8.57 per cent.”.
3
The Housing (Change of Landlord) (Payment of Disposal Cost by Instalments) (Amendment) Regulations 1998 are revoked.
4
Regulations 2 and 3 do not apply in respect of any period before the date these Regulations come into force (notwithstanding that interest included in the amount of an instalment is paid on or after that date).
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
26th August 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Morecambe Bay 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;
“the trust” means the Morecambe Bay Hospitals National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is hereby established an NHS trust which shall be called the Morecambe Bay Hospitals National Health Service Trust.
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 Westmorland General Hospital, Burton Road, Kendal, Cumbria LA9 7RG and associated hospitals, and there to provide and manage hospital accommodation and services; and
b
to provide and manage pursuant to section 5(1)(b) of the Act, hospitals, establishments or facilities in the area of Morecambe Bay Health Authority, and there to provide and manage hospital accommodation and services.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 executive directors and 5 non-executive directors.
Operational date and accounting date of the trust
5
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
6
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:
1
1
This Order may be cited as the Combined Probation Areas (North Yorkshire) Order 1998.
2
This Order shall come into force on 1st August 1998 save that, for the purposes of making appointments to the probation committee for North Yorkshire to take effect on that date, this Order shall come into force forthwith.
2
For that part of Schedule 2 to the Combined Probation Areas Order 1986 which relates to the North Yorkshire Area , there shall be substituted the following —
(1) (2) (3) Petty Sessions Area Probation Area Number of Justices on Probation Committee
Harrogate North Yorkshire 8 Northallerton 5 Scarborough 7 Selby 3 Skipton 2 York 6
Joyce Quin
Minister of State
Home Office
13th July 1998


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Devon Sea Fisheries District (Variation) Order 1998 and shall come into force on the day after the day on which it is made.
2
In this Order “the principal order” means the order made by the Board of Trade on 31 March, 1892 (which created the Devon Sea Fisheries District and constituted a local fisheries committee for the regulation of the sea fisheries within that district).
Variation of the principal order
2
1
For article 1 of the principal order (Creation of District) there shall be substituted the following: —
Creation of District
1
A sea fisheries district is hereby created comprising so much of the sea within the national waters of the United Kingdom adjacent to England and so much of the sea within six nautical miles of the baselines (as they existed at 25th January 1983 in accordance with the Territorial Waters Order in Council 1964 , as amended by the Territorial Waters (Amendment) Order in Council 1979 ) from which the breadth of the territorial sea of the United Kingdom adjacent to England is measured, with the adjoining coast, as lies within the following limits, namely:
1
in the Bristol Channel, on the east, a line drawn true north from the seaward extremity of the boundary between the counties of Devon and Somerset near Countisbury Cove (latitude 051 degrees 13.90 minutes north, longitude 003 degrees 43.10 minutes west) and on the west, a line drawn true west from the seaward extremity of the boundary between the counties of Devon and Cornwall at Marsland Mouth (latitude 050 degrees 55.80 minutes north, longitude 004 degrees 32.70 minutes west) (being the boundary of the Cornwall Sea Fisheries District); which area may be cited as the northern section of the Devon Sea Fisheries District; and
2
in the English Channel, on the west, a line drawn true south from the seaward extremity of Rame Head (latitude 050 degrees 18.68 minutes north, longitude 004 degrees 13.25 minutes west) in the county of Cornwall (being the boundary of the Cornwall Sea Fisheries District) and, on the east, a line drawn true south from the seaward extremity of the boundary between the counties of Devon and Dorset near Lyme Regis (latitude 050 degrees 43.12 minutes north, longitude 002 degrees 56.70 minutes west) (being the western boundary of the Southern Sea Fisheries District); which area may be cited as the southern section of the Devon Sea Fisheries District.
The said district shall extend northwards to the equi-distant line drawn between the northern coast of the county of Devon and the opposite coast of South Wales, and shall include so much of the sea within six nautical miles of the baselines (as they existed at 25th January 1983 in accordance with the Territorial Waters Order in Council 1964, as amended by the Territorial Waters (Amendment) Order in Council 1979) from which the territorial sea of the United Kingdom adjacent to Lundy Island is measured, with the adjoining coast of the island.
The sea fisheries district shall not extend above a line drawn at or near the mouth of every river or stream flowing into the sea or into any estuary, or of the estuaries, within the limits of the said district as follows:
A line drawn across the River Lyn, in continuation of the general line of the coast at the highest astronomical tide;
A line drawn across the estuaries of the Rivers Taw and Torridge, from the Saunton Sands Hotel (latitude 051 degrees 07.07 minutes north, longitude 004 degrees 13.19 minutes west) to a point at latitude 051 degrees 04.97 minutes north, longitude 004 degrees 14.65 minutes west, thence to the site of the former coastguard station at Westward Ho! (latitude 051 degrees 02.38 minutes north, longitude 004 degrees 14.50 minutes west);
A line drawn across the River Tiddy at Tideford, along the seaward side of Tideford Bridge at Ordnance Survey Grid Reference SX348595;
A line drawn across the Lyhner or St. Germans River at Notter Bridge, along the landward side of the old road bridge at Ordnance Survey Grid Reference SX385609, by the Notter Bridge Inn;
A line drawn across the River Tamar, along the sill or crest of the weir or dam at Gunnislake at Ordnance Survey Grid Reference SX437711;
A line drawn across the River Tavy, along the sill or crest of the weir or dam at Lopwell (latitude 050 degrees 27.87 minutes north, longitude 004 degrees 09.00 minutes west);
A line drawn across the River Plym, along the seaward side of the railway bridge at Marsh Mills (latitude 050 degrees 23.35 minutes north, longitude 004 degrees 04.70 minutes west);
A line drawn across every river or stream flowing into the estuary known as Salcombe river, such lines being drawn at the limit of the highest astronomical tide;
A line drawn across the River Dart, along the sill or crest of the weir or dam at Totnes (latitude 050 degrees 26.50 minutes north, longitude 003 degrees 41.15 minutes west);
A line drawn across the River Teign, along the seaward side of the railway bridge across the river at Newton Abbot (latitude 050 degrees 32.04 minutes north, longitude 003 degrees 35.80 minutes west);
A line drawn across the River Exe, along the sill or crest of the weir or dam known as St. James’s Weir at Exeter (latitude 050 degrees 42.40 minutes north, longitude 003 degrees 30.50 minutes west);
A line drawn across every river or stream not hereinbefore specified, such line being drawn at the limit of highest astronomical tide:
In respect of the rivers, streams and estuaries above the lines beyond which the sea fisheries district does not extend, the Environment Agency shall within its area have the powers of a local fisheries committee.
The sea fisheries district hereby created shall be called the Devon Sea Fisheries District.
.
2
For article 2 of the principal order (Constitution of Committee), there shall be substituted the following: —
2
A local fisheries committee (in this Order called “the Committee”) shall be constituted for the regulation of the sea fisheries within the said district. The Committee shall be a joint committee of the Councils referred to in column 1 of the Schedule to this Order and shall consist of twenty members. The number of members appointed by each constituent Council shall be the number which is set out in column 2 of the Schedule opposite the reference to that Council. Nine additional members shall be appointed by the Minister of Agriculture, Fisheries and Food and one additional member by the Environment Agency. Retiring members shall be eligible for re-appointment.
.
3
For the schedule to the principal order there shall be substituted the schedule set out in the Schedule to this Order.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
6th May 1998


text:
Citation and commencement
1
This Order may be cited as the Urban Development Corporations in England (Dissolution) Order 1998 and shall come into force on 3rd April 1998.
Dissolution of the corporations
2
The following urban development corporations shall be dissolved on 1st July 1998 —
a
the Birmingham Heartlands Development Corporation;
b
the Black Country Development Corporation;
c
the London Docklands Development Corporation;
d
the Merseyside Development Corporation;
e
the Plymouth Development Corporation;
f
the Teesside Development Corporation;
g
the Trafford Park Development Corporation; and
h
the Tyne and Wear Development Corporation.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Richard Caborn
Minister of State,
Department of the Environment, Transport and the Regions
2nd April 1998


text:
1
This Order may be cited as the Wireless Telegraphy (Isle of Man) Order 1998 and shall come into force on 24th July 1998.
2
Sections 1 to 8 and 10(1) of, and the Schedules to, the Wireless Telegraphy Act 1998 shall extend to the Isle of Man with the following adaptations and modifications —
a
any reference to the Wireless Telegraphy Act 1949 shall be construed as a reference to that Act as extended to the Isle of Man by the Wireless Telegraphy (Isle of Man) Order 1952 ;
b
in section 2(3), for “4(3) of the Telecommunications Act 1984” substitute “2(3) of the Telecommunications Act 1984 (an Act of Tynwald)”;
c
after section 3(5) insert —
5A
The Secretary of State shall pay to the Treasury of the Isle of Man for its general revenue such proportion of the sums received under subsection (5) as appears to the Secretary of State to be appropriate.
;
d
in section 6(2)(a), for the words “the London, Edinburgh and Belfast Gazettes” substitute “a newspaper circulating in the Isle of Man”;
e
in Schedule 1 —
i
omit paragraph 3; and
ii
in paragraph 4, after “Broadcasting Act 1990” insert “as extended to the Isle of Man by the Broadcasting Act 1990 (Isle of Man) Order 1991” ;
f
in Part I of Schedule 2 —
i
after “section 3(2) to (5)” insert “as extended to the Isle of Man by the Wireless Telegraphy (Isle of Man) Order 1969” ;
ii
after “section 74” insert “as extended to the Isle of Man by the Wireless Telegraphy (Isle of Man) Order 1995” ; and
iii
after “paragraph 2(2)” insert “as extended to the Isle of Man by the Broadcasting Act 1990 (Isle of Man) Order 1991”; and
g
omit Part II of Schedule 2.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
1
This Order may be cited as the Homerton Hospital National Health Service Trust (Establishment) Amendment Order 1998 and shall come into force on 29th December 1998.
2
In this Order, “the Establishment Order ” means the Homerton Hospital National Health Service Trust (Establishment) Order 1994 .
Amendment of article 3 of Establishment Order
2
For article 3 of the Establishment Order (nature and functions of the trust) there shall be substituted the following article:–
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1)(a) 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 Authorities) shall be to own and manage the Homerton Hospital, Homerton Row, London E9 6SR and associated premises, and there to provide hospital accommodation and services, and from there to provide community health services.
.
Amendment of article 4 of Establishment Order
3
In article 4 of the Establishment Order (directors of the trust) there shall be added at the end the words “and 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 those non-executive directors shall be appointed from the University of London”.
Signed by authority of the Secretary of State for Health
Hayman
Parliamentary Under-Secretary of State,
Department of Health
17th December 1998


text:
Citation, commencement
1
These Regulations may be cited as the Motor Vehicles (Type Approval) (Great Britain) (Amendment) Regulations 1998 and shall come into force on 30th April 1998.
Amendment of the Motor Vehicles (Type Approval) (Great Britain) Regulations 1984
2
1
The Motor Vehicles (Type Approval) (Great Britain) Regulations 1984 shall be amended as follows.
2
In regulation 13A(2) (obligatory certificates) for the words following sub-paragraph (b) there shall be substituted “is 1st July 1998”.
Signed by authority of the Secretary of State
Helene Hayman
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
7th April 1998


text:
Citation and commencement
1
These Regulations may be cited as the Non-Domestic Rating Contributions (England) (Amendment) Regulations 1998 and shall come into force on 31st December 1998.
Amendment of the 1992 Regulations
2
Schedules 1 and 2 to the Non-Domestic Rating Contributions (England) Regulations 1992 are amended as follows.
Rules for calculation of contributions
3
In relation to financial years beginning on or after 1st April 1999, in Schedule 1–
a
in paragraph 1(4), for “1998” there is substituted “1999”;
b
in paragraph 4(4), for “1998 is £78,606,000” there is substituted “1999 is £82,506,000”;
c
for the Table in Part II there is substituted–
COST FACTORS
Name or description of authority Cost factor
The councils of the districts of Broxbourne, Dartford, Elmbridge, Epping Forest, Epsom and Ewell, Hertsmere, Reigate and Banstead, Slough, South Bucks, Spelthorne, Three Rivers, Watford 1.1296 The councils of the districts of Basildon, Bracknell Forest, Brentwood, Chiltern, Crawley, Dacorum, East Hertfordshire, Guildford, Harlow, Mole Valley, Runnymede, St Albans, Sevenoaks, Surrey Heath, Tandridge, Thurrock, Waverley, Welwyn Hatfield, Windsor and Maidenhead, Woking 1.0968 The council of a district other than a district named above which falls within the county of Bedfordshire, Berkshire, Buckinghamshire, East Sussex, Essex, Hampshire, Hertfordshire, Kent, Oxfordshire or West Sussex 1.0373 The council of a district other than a district named, or falling within a description given, above 1.0 The council of an inner London borough 1.2125 The council of an outer London borough 1.1059 The Common Council of the City of London 1.5140 The Council of the Isles of Scilly 1.0 The Isle of Wight Council 1.0373
Assumptions relating to provisional amounts
4
In relation to financial years beginning on or after 1st April 1999, in Schedule 2–
a
in paragraph 2(12), for “0.951” there is substituted “0.92”;
b
for the table in paragraph 8(1) there is substituted the following–
Name or description of authority Percentage
The council of a metropolitan district 1.2 The council of a non-metropolitan district which has the functions of a county council 1.1 The council of a non-metropolitan district which does not have the functions of a county council 0.9 The council of an inner London borough, and the Common Council of the City of London 1.5 The council of an outer London borough 2.3 The Council of the Isles of Scilly and the Isle of Wight Council 1.1
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
8th December 1998


text:
Citation and commencement
1
This Order may be cited as the Local Government Changes for England (Education) (Miscellaneous Provisions) Order 1998 and shall come into force on 1st April 1998.
Nottinghamshire County Council: functions in respect of specified schools
2
1
The functions of the Council of the County of Nottinghamshire referred to in paragraph (2) below shall on and after 1st April 1998 be discharged by the Nottingham City Council.
2
The functions referred to in paragraph (1) are functions of the Council of the County of Nottinghamshire in respect of the following schools —
Big Wood Comprehensive School
Burford Primary School
Warren Primary School
Wilford Meadows Comprehensive School
including any functions of the local education authority under the articles of government for any of these schools.
Becket School, Nottingham
3
Becket School shall be treated for all purposes connected with education as if it were wholly within the area of the County of Nottinghamshire.
Estelle Morris
Parliamentary Under Secretary of State,
Department for Education and Employment
9th March 1998


text:
1
This Order may be cited as the Northern Ireland Referendum (Counting Officer’s Charges) Order 1998 and shall come into force on the day after the day on which it is made.
2
1
For the purposes of paragraph (a) of section 29(3) of the Representation of the People Act 1983, as applied by article 6 of, and Schedule 2 to, the Northern Ireland Negotiations (Referendum) Order 1998 (which provides that the counting officer is entitled to recover his charges in respect of services properly rendered or expenses properly incurred for or in connection with the referendum if the services or expenses are of a kind specified in an order made under that provision and the charges are reasonable), expenses of a kind described in paragraphs 1(1), 2(1), 3(1) and 4(1) of Part A of the Schedule to this Order (hereafter referred to as “expenses specified in Part A of the Schedule”) and expenses of a kind described in Part B of the Schedule to this Order, are hereby specified.
2
The maximum recoverable amounts at the referendum in respect of the expenses specified in Part A of the Schedule are hereby specified as the amounts set out in the right-hand column of that Part in respect of each entry set out opposite thereto in the left-hand column of that Part.
3
In this Order —
a
the referendum means the referendum held under the Northern Ireland Negotiations (Referendum) Order 1998, and
b
any reference to the register of electors is to the register of electors used at the referendum and to that register as first published.
Marjorie Mowlam
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
20th May 1998