text:
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) Regulations 1998 and shall come into force —
a
for all purposes except those of regulations 11 and 20 on 31st January 1998, and
b
for the purposes of regulations 11 and 20 on 1st April 1998.
2
The Motor Vehicles (Driving Licences) Regulations 1996 shall be further amended in accordance with the following regulations.
3
In regulation 3(1), in the definition of “unladen weight”, for the words from “in the case of” to the end there shall be substituted “in the case of a road roller, includes the weight of any object for the time being attached to the vehicle, being an object specially designed to be so attached for the purpose of temporarily increasing the vehicle’s weight”.
4
1
Regulation 7 shall be amended as follows.
2
In paragraph (2) —
a
in sub-paragraph (a) —
i
after the words “passed a test” there shall be inserted “on or after 1st January 1997”, and
ii
at the end the word “and” shall be omitted;
b
at the end, there shall be inserted
and
c
the case of a person who has before 1st January 1997 passed a test for a licence authorising the driving of a large motor bicycle
.
3
In paragraph (6), for the words “small passenger-carrying vehicle” there shall be substituted “vehicle of a class included in sub-category D1”.
4
After paragraph (10A) there shall be inserted —
10B
In item 7, the age of 17 is substituted for the age of 21 in the case of a road roller which —
a
is propelled otherwise than by steam,
b
has no wheel fitted with pneumatic, soft or elastic tyres,
c
has an unladen weight not exceeding 11.69 tonnes, and
d
is not constructed or adapted for the conveyance of a load other than the following things, namely water, fuel or accumulators used for the purpose of the supply of power to or propulsion of the vehicle, loose tools and objects specially designed to be attached to the vehicle for the purpose of temporarily increasing its weight.
.
5
In regulation 8(4)(b), after the words “Northern Ireland”, in both places where they occur, there shall be inserted “or the law of Gibraltar”.
6
In regulation 10, at the end, there shall be inserted —
4
An applicant for a large goods vehicle driver’s licence who is a member of the armed forces and is under the age of 21 must not be a person who has —
a
been convicted (or is, by virtue of section 58 of the Offenders Act , to be treated as if he had been convicted) of an offence as a result of which at least one penalty point falls to be taken into account under section 29 of the Offenders Act , or
b
at any time been disqualified by a court for holding or obtaining a licence or by a court in Northern Ireland for holding or obtaining a Northern Ireland licence.
.
7
1
Regulation 15 shall be amended as follows.
2
In paragraph (2)(c), after the words “motor vehicle” there shall be inserted “, other than a vehicle of a class included in category C, C+E, D or D+E,”.
3
After paragraph (10) there shall be inserted —
10A
The condition specified in paragraph (7)(b) shall not apply in the case of a provisional licence holder who is unable, by reason of impaired hearing, to receive directions from the supervising instructor by radio where the licence holder and the instructor are employing a satisfactory means of communication which they have agreed before the start of the journey.
.
8
In regulation 23(2), for “regulation 44(8)” there shall be substituted “regulations 44(8) and 45(5)”.
9
1
Regulation 34 shall be amended as follows.
2
In paragraph (1), at the beginning, there shall be inserted the words “Subject to paragraph (1A),”.
3
After paragraph (1), there shall be inserted —
1A
Paragraph (1) shall not apply in the case of a person who submits himself for an appropriate driving test pursuant to section 36 of the Offenders Act or for any part of such a test.
.
4
In paragraph (8), in the definition of “excepted provisional licence”, for the words “C1, D1 (not for hire or reward), D1+E (not for hire or reward) and C1+E (8.25 tonnes)”there shall be substituted “C1 and D1 (not for hire or reward)”.
10
1
Regulation 42 shall be amended as follows.
2
In paragraph (1), for the words “subject to paragraph (2)” there shall be substituted “subject to the following provisions of this regulation”.
3
In paragraph (3), for the words “subject to paragraph (7)” there shall be substituted “subject to the following provisions of this regulation”.
4
For paragraph (4) there shall be substituted —
4
Except as provided in paragraph (4A), in the case of a person who has passed a test for a licence authorising the driving of a class of vehicles in category D not more than 5.5 metres in length paragraphs (1), (2) and (3) and Tables A and B in Schedule 9 shall apply as if he had passed a test for a licence authorising only the driving of the corresponding classes of vehicle in sub-category D1.
4A
Where a person has passed tests for a licence authorising the driving of —
a
motor vehicles in category D not more than 5.5 metres in length having automatic transmission, and
b
motor vehicles in category C, other than vehicles in sub-category C1, having manual transmission,
he is deemed competent to drive vehicles in category D not more than 5.5 metres in length which have manual transmission.
5
For paragraph (6) there shall be substituted —
6
In the case of a person who has passed a test for a licence authorising the driving only of those classes of vehicle in category C+E which are drawbar trailer combinations paragraphs (1), (2) and (3) and Tables A and B in Schedule 9 shall apply as if he had passed a test for a licence authorising only the driving of the corresponding classes of vehicle in category C.
6
In paragraph (9A), for the words “sub-category B1” there shall be substituted “sub-categories B1 and B1 (invalid carriages)”.
11
1
Regulation 43 shall be amended as follows.
2
In paragraph (1), for “(4) and (5)” there shall be substituted “(4), (4B) and (5)”.
3
In paragraph (4), after “by virtue of paragraph (2)”, there shall be inserted “or (5)”.
4
For paragraph (4A), there shall be substituted —
4A
Paragraph (3)(a) shall not apply where the additional category is F, G, H, K, L or P.
4B
Where the person who is disqualified passes the practical test on a vehicle of a class included in category A, other than sub-category A1, the disqualification shall be deemed to have expired additionally in relation to all classes of vehicle included in —
a
categories B, B+E, C, C+E, D and D+E, unless that test is passed on a vehicle with automatic transmission, in which case the disqualification shall be deemed to have expired only in relation to such classes of motor vehicle included in those categories as have automatic transmission;
b
categories F, G, H and L.
.
5
For paragraph (5) there shall be substituted —
5
Where the person who is disqualified passes the practical test on a vehicle of a class included in category B, other than sub-categories B1 and B1 (invalid carriages), the disqualification shall be deemed to have expired additionally in relation to all classes of vehicle included in —
a
categories A, B+E, C, C+E, D and D+E, unless that test is passed on a vehicle with automatic transmission, in which case the disqualification shall be deemed to have expired only in relation to such classes of motor vehicle included in those categories as have automatic transmission;
b
categories G, H and L.
.
12
For regulation 52 there shall be substituted —
Large goods vehicle drivers' licences and LGV Community licences: obligatory revocation or withdrawal and disqualification
52
1
The prescribed circumstances for the purposes of section 115(1)(a) of the Traffic Act are that, in the case of the holder of a large goods vehicle driver’s licence who is under the age of 21, he has been convicted (or is, by virtue of section 58 of the Offenders Act, to be treated as if he had been convicted) of an offence as a result of which the number of penalty points to be taken into account under section 29 of the Offenders Act exceeds three.
2
The prescribed circumstances for the purposes of section 115A(1)(a) of the Traffic Act are that, in the case of the holder of an LGV Community licence who is under the age of 21, he has been convicted (or is, by virtue of section 58 of the Offenders Act, to be treated as if he had been convicted) of an offence as a result of which the number of penalty points to be taken into account under section 29 of the Offenders Act exceeds three.
3
Where —
a
a large goods vehicle driver’s licence is revoked under section 115(1)(a) of the Traffic Act, or
b
the Secretary of State serves a notice on a person in pursuance of section 115A(1)(a) of that Act,
the cases in which the person whose licence has been revoked or, as the case may be, on whom the notice has been served must be disqualified indefinitely or for a fixed period shall be determined by the licensing authority.
4
Where the licensing authority makes a determination under paragraph (3) that a person is to be disqualified for a fixed period he shall be disqualified until he reaches 21 years of age or for such longer period as the licensing authority may determine.
.
13
For regulation 53 there shall be substituted —
Holders of licences who are disqualified by order of a court
53
1
This regulation applies where a person’s large goods vehicle or passenger-carrying vehicle driver’s licence is treated as revoked by virtue of section 37(1) of the Offenders Act (effect of disqualification by court order) and where it applies subsections (1) and (2) of section 117 of the Traffic Act are modified in accordance with paragraphs (2) to (6).
2
Where the licence which is treated as revoked is a large goods vehicle driver’s licence held by a person under the age of 21 —
a
the licensing authority must order that person to be disqualified either indefinitely or for a fixed period, and
b
where the licensing authority determines that he shall be disqualified for a fixed period, he must be disqualified until he reaches the age of 21 or for such longer period as the licensing authority determines.
3
Where the licence which is treated as revoked is a large goods vehicle driver’s licence held by any other person or is a passenger-carrying vehicle driver’s licence —
a
the licensing authority may order that person to be disqualified either indefinitely or for such fixed period as he thinks fit, or
b
except where the licence is a provisional licence, if it appears to the licensing authority that, owing to that person’s conduct, it is expedient to require him to comply with the prescribed conditions applicable to provisional licences until he passes a test, the licensing authority may order him to be disqualified for holding or obtaining a full licence until he passes a test.
4
Where the licensing authority orders him to be disqualified until he passes a test, that test shall be a test prescribed by these Regulations for a licence authorising the driving of any class of vehicle in category C (other than sub-category C1), C+E, D or D+E which, prior to his disqualification by order of the court, he was authorised to drive by the revoked licence.
5
Any question as to whether a person —
a
shall be disqualified indefinitely or for a fixed period or until he passes a test, or
b
if he is to be disqualified for a fixed period, what that period should be, or
c
if he is to be disqualified until he passes a test, which test he should be required to pass,
may be referred by the licensing authority to the traffic commissioner for the area in which that person resides.
6
Where the licensing authority determines that a person shall be disqualified for a fixed period, that period shall commence on the expiration of the period of disqualification ordered by the court.
7
Where this regulation applies, subsections (3) to (6) of section 116 of the Traffic Act shall apply as if —
a
subsection (4)(a) and the words “in any other case” in subsection (4)(b) were omitted, and
b
the references to sections 115(1) and 116(1) of that Act were references to this regulation.
.
14
1
Regulation 55 shall be amended as follows.
2
In paragraph (1), for the words “Approved training courses for riders of motor bicycles”there shall be substituted “An approved training course is one complying with and conducted in accordance with this Part of these Regulations and”.
3
For paragraph (3) there shall be substituted —
3
In this Part of these Regulations —
“approved training body” means a person authorised to provide approved training courses under or by virtue of this regulation;
“prescribed training course” means a course containing the elements prescribed under regulation 61.
.
15
For regulation 56 there shall be substituted —
Certified instructors
56
1
No person may conduct instruction in the riding of motor bicycles as part of an approved training course except in accordance with this regulation and regulations 56A to 62.
2
Subject to the following provisions of this regulation, an approved training body may authorise persons to conduct on his behalf instruction of persons in the riding of learner motor bicycles.
3
A person may not be authorised under paragraph (2) unless at the date of authorisation he satisfies the following conditions, namely that —
a
he is a fit and proper person to be an instructor;
b
he holds a full licence authorising the driving of vehicles in category A other than vehicles included in sub-category A1;
c
either —
i
in the case of a person who was authorised to conduct instruction by an approved training body in accordance with these Regulations on 30th January 1998, he had held that licence for a period of, or periods amounting in aggregate to, not less than 2 years, or
ii
in any other case, he is at least 21 years of age and has held that licence for a period of, or periods amounting in aggregate to, not less than 3 years; and
d
he has either —
i
successfully completed the licensing authority’s assessment course for certified instructors, or
ii
been fully trained by a certified instructor who has successfully completed such a course and assessed by that instructor to be capable of acting as a certified instructor.
4
An authorisation given to a person under paragraph (2) shall be of no effect unless —
a
the approved training body has notified the licensing authority in writing of the proposed authorisation,
b
the licensing authority has approved the authorisation in writing, and
c
there is in force in respect of that person a valid certificate, in the form set out in Part 1 of Schedule 12, issued by the licensing authority to the approved training body giving the authorisation.
5
A person in respect of whom a certificate issued under paragraph (4)(c) is in force —
a
shall be known as a certified instructor, and
b
shall be entitled —
i
to conduct approved training courses, and
ii
in the case of an instructor who has successfully completed the licensing authority’s assessment course for certified instructors, to train other persons and to assess their capability to act as certified instructors.
6
Where —
a
a person who is an approved training body satisfies the conditions set out in paragraph (3), and
b
a certificate in respect of him is issued by the licensing authority under paragraph (4)(c),
he shall be deemed to have been authorised as a certified instructor.
7
A certificate issued pursuant to paragraph (4)(c) shall be valid for a period of four years but may be renewed upon application being made to the licensing authority by the approved training body who authorised the instructor.
8
When conducting an approved training course a certified instructor shall carry with him the certificate issued in respect of him by the licensing authority and shall, upon being required to do so by a constable or the licensing authority, produce it for examination.
Persons authorised as assistant instructors
56A
1
Subject to paragraphs (2) and (3), a person authorised or deemed to be authorised as an assistant instructor on 30th January 1998 shall be entitled to conduct, on behalf of an approved training body, the instruction of riders of motor bicycles in all elements other than element (E) of the prescribed training course.
2
No person authorised or deemed to be authorised as an assistant instructor may conduct instruction if at any time he ceases to hold a full licence authorising the driving of vehicles in category A (other than a licence authorising the driving only of vehicles in sub-category A1) or if the licensing authority, being satisfied that he is not a fit and proper person to conduct instruction, withdraws approval of his authorisation to act as an assistant instructor.
3
No person shall be entitled to conduct training otherwise than as a certified instructor or certified direct access instructor after 30th January 2002.
.
16
1
Regulation 57 shall be amended as follows.
2
In paragraphs (1) and (3), for “56(5)” there shall be substituted “56(4)(b)”.
3
In paragraph (2)(b), the words “under regulation 56(5)” shall be omitted.
4
In paragraphs (2) and (3), for “56(6)”, in each place where it occurs, there shall be substituted “56(4)(c)”.
17
1
Regulation 58 shall be amended as follows.
2
For “56(6)”, in each place where it occurs, there shall be substituted “56(4)(c)”.
3
In paragraph (2), for “56(9)” there shall be substituted “56(6)”.
18
1
Regulation 60 shall be amended as follows.
2
For paragraph (2)(b) there shall be substituted —
b
either —
i
was authorised on 30th January 1998 to conduct instruction by an approved training body in accordance with these Regulations and has held that licence for a period of, or periods amounting in aggregate to, not less than 2 years, or
ii
if he was not so authorised, is at least 21 years of age and has held that licence for a period of, or periods amounting in aggregate to, not less than 3 years,
.
3
In paragraphs (3)(a), (6)(b) and (7)(a), for the words “motor bicycle instructors” there shall be substituted “certified instructors”.
4
In paragraph (8), for “56(7) and (10)” there shall be substituted “56(7) and (8)”.
19
After regulation 60, there shall be inserted —
Eligibility to undertake approved training course
60A
No person shall be eligible to undertake an approved training course unless at the time he undertakes it he holds a provisional licence authorising him to drive a motor bicycle of the class on which the course is to be undertaken or is entitled, by virtue of section 98 of the Traffic Act, to drive a motor bicycle of that class subject to the same conditions as the holder of a provisional licence.
.
20
For regulation 62(2) there shall be substituted —
2
Subject to paragraph (3), when riders are undertaking element (E) of the prescribed training course —
a
there must be no more than 2 riders in the charge of any one certified or certified direct access instructor at any one time, and
b
the instructor must be able to communicate with each rider by means of a radio which is not hand-held while in operation.
3
The condition specified in paragraph (2)(b) shall not apply in the case of a rider who is unable, by reason of impaired hearing, to receive directions from the instructor by radio where the rider and the instructor are employing a satisfactory means of communication which they have agreed before the start of element (E).
.
21
1
Regulation 63 shall be amended as follows.
2
For paragraphs (1) and (2) there shall be substituted —
1
The certified instructor or the certified direct access instructor who conducted element (E) of the course shall furnish a person who successfully completes an approved training course with a certificate in the form set out in Part 3 of Schedule 12 and signed by that instructor.
2
A certificate issued under paragraph (1) is not valid for the purposes of regulation 34(6), as evidence of the successful completion of an approved training course, unless —
a
the person to whom it is issued is at the time of issue eligible to undertake the training course, and
b
the practical test is conducted no later than the earlier of the following dates, namely —
i
the relevant expiry date of the certificate, and
ii
in a case where the person to whom the certificate was given is later disqualified by order of a court under section 36 of the Offenders Act, the date on which the order is made.
.
3
After paragraph (3) there shall be inserted —
4
An approved training body may, if satisfied that a certificate issued to a person who has successfully completed an approved training course conducted by that body has been lost or destroyed, issue a duplicate certificate but may not make a charge exceeding £20.00 in respect of the issue of any one certificate.
.
22
For regulation 74(2) there shall be substituted —
2
The enactments mentioned in paragraph (2A) shall apply in relation to —
a
holders of relevant permits and holders of British external licences of the classes mentioned in paragraphs (1A) and (1B), or
b
(as the case may be) those licences and permits,
with the modifications contained in paragraph (2A).
2A
The modifications referred to in paragraph (2) are that —
a
section 7 of the Offenders Act shall apply as if —
i
the references to a licence were references to a relevant permit or a British external licence, and
ii
the words after paragraph (c) thereof were omitted;
b
section 27(1) and (3) of the Offenders Act shall apply as if —
i
the references to a licence were references to a relevant permit or a British external licence,
ii
the references to the counterpart of a licence were omitted, and
iii
in subsection (3) the words “, unless he satisfies the Court that he has applied for a new licence and has not received it” were omitted;
c
section 42(5) of the Offenders Act shall apply as if for the words “endorsed on the counterpart of the licence” onwards there were substituted the words “notified to the Secretary of State”;
d
section 47 of the Offenders Act shall apply as if for subsection (2) there were substituted —
2
Where a court orders the holder of a relevant permit or a British external licence to be disqualified it must send the permit or the licence, on its being produced to the court, to the Secretary of State who shall keep it until the disqualification has expired or been removed or the person entitled to it leaves Great Britain and in any case has made a demand in writing for its return to him.
“Relevant permit” has the meaning given by regulation 74 of the Motor Vehicles (Driving Licences) Regulations 1996.
;
e
section 164(1), (6) and (8) of the Traffic Act shall apply as if the references therein to a licence were references to a relevant permit or a British external licence and the references to a counterpart of a licence were omitted; and
f
section 173 of the Traffic Act shall apply as if after paragraph (aa) there were added —
ab
a relevant permit (within the meaning of regulation 74 of the Motor Vehicles (Driving Licences) Regulations 1996,
ac
a British external licence,
.
23
In Schedule 2, in column (2), in the description of sub-category B1, for the words from “an unladen weight” to the end there shall be substituted “and an unladen weight not exceeding 550 kilograms”.
24
In Schedule 6, in paragraph 2, in the definition of “acceptable person”, for “56(2)(a)” there shall be substituted “56(5)(a)”.
25
In Schedule 11, in the form of unitary or practical test pass certificate in Part 1, after “Date of test ” there shall be inserted “Test centre ”.
26
In Schedule 12, in Part 1, at the end there shall be inserted “The certificate shall indicate, if appropriate, that the holder has successfully completed the licensing authority’s assessment course for certified instructors”.
27
The Motor Vehicles (Driving Licences) (Amendment) ( No. 6) Regulations 1990 are hereby revoked.
Signed by authority of the Secretary of State for Transport
Helene Hayman
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
8th January 1998


type: legislation

jurisdiction: UK

text:
Part I
INTRODUCTION
Citation and commencement
1
1
This Order may be cited as the Social Security Benefits Up-rating Order 1998.
2
Subject to paragraphs (3) and (4) of this article, this Order shall come into force for the purposes of —
a
articles 1, 2, 6, 22 and 27, on 1st April 1998;
b
article 8, in so far as it relates to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 1st April 1998, and for the purpose of this sub-paragraph,“benefit week” has the same meaning as in the Computation of Earnings Regulations ;
c
article 10, on 5th April 1998;
d
articles 3 to 5, 7, 9, 11, 12 and 13, on 6th April 1998;
e
articles 14 and 15, on 9th April 1998;
f
articles 16, 17 and 26, on 7th April 1998;
g
articles 18, 19 and 20, in so far as they relate to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 6th April 1998, and for the purpose of this sub-paragraph, “benefit week” has the same meaning as in the Income Support Regulations ;
h
article 21, in relation to a case where rent is payable at intervals of a week or any multiple thereof, on 6th April 1998, and in relation to any other case, on 1st April 1998;
i
articles 23, 24, and 25, in so far as they relate to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 6th April 1998, and for the purpose of this sub-paragraph, “benefit week” has the same meaning as in the Jobseeker’s Allowance Regulations .
3
The increases made —
a
in the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act ; and
b
by article 23(c) of this Order in so far as it is relevant for the purposes referred to in article 6(11) of this Order,
shall take effect for each case on the date specified in relation to that case in article 6 of this Order.
4
Subject to paragraph (6) of this article, any provision of this Order which is due to come into force on the same day as any provision of the Regulations listed in paragraph (5) of this article shall come into force immediately after that provision of those Regulations.
5
The Regulations referred to in paragraph (4) above are —
a
The Social Security (Non-Dependant Deductions) Regulations 1996 ; and
b
The Social Security (Lone Parents) (Amendment) Regulations 1997 .
6
To the extent that article 21 of this Order comes into force on the same day as any provision of the Social Security (Lone Parents) (Amendment) Regulations 1997, that article shall come into force immediately before that provision of those Regulations.
Interpretation
2
In this Order, unless the context otherwise requires —
“the Computation of Earnings Regulations” means the Social Security Benefit (Computation of Earnings) Regulations 1996 ;
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992 ;
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Disability Working Allowance Regulations ” means the Disability Working Allowance (General) Regulations 1991 ;
“the Family Credit Regulations ” means the Family Credit (General) Regulations 1987 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations” means the Income Support (General) Regulations 1987 ;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 ; and
“the Pension Schemes Act” means the Pension Schemes Act 1993 .
Part II
SOCIAL SECURITY BENEFITS AND PENSIONS
Increase in rates or amounts of certain benefits under the Contributions and Benefits Act
3
1
The sums specified in paragraph (2) below shall be increased from and including the respective dates specified in article 6 below so as to have effect as set out in Schedule 1 to this Order.
2
The sums mentioned in paragraph (1) above are the sums specified in Parts I, III , IV and V of Schedule 4 to the Contributions and Benefits Act (contributory periodical benefits, non-contributory periodical benefits, increases for dependants and rates of industrial injuries benefit), except in Part III the sum specified for age addition to a pension of any category, and otherwise under section 79 of that Act.
Increase in rates or amounts of certain pensions or allowances under the Contributions and Benefits Act
4
1
The sums specified in paragraphs (2), (3) and (4) below shall be increased from and including the respective dates specified in article 6 below.
2
The sums falling to be calculated under paragraph 13(4) of Schedule 7 to the Contributions and Benefits Act (calculation of weekly rate of a beneficiary’s retirement allowance) shall be increased by 3.6 per cent. of their amount apart from this Order.
3
In section 44(4) of the Contributions and Benefits Act (basic pension in a Category A retirement pension) —
a
for the sum of £59.90 there shall be substituted the sum of £62.05; and
b
for the sum of £62.45 there shall be substituted the sum of £64.70.
4
It is hereby directed that the sums which are —
a
the additional pensions in long-term benefits calculated by reference to any final relevant year earlier than the tax year 1997–98;
b
the increases in the rates of retirement pensions under Schedule 5 to the Contributions and Benefits Act (increase of pension where entitlement is deferred); and
c
payable to a pensioner as part of his Category A or Category B retirement pension by virtue of an order made under section 126A of the Social Security Act 1975 , section 63 of the Social Security Act 1986 , or section 150(1)(e) of the Social Security Administration Act 1992 ,
shall in each case be increased by 3.6 per cent. of their amount apart from this Order.
Increase in rates or amounts of certain benefits under the Pension Schemes Act
5
1
It is hereby directed that the sums specified in paragraph (2) below shall be increased from and including the respective dates specified in article 6 below.
2
Sums which are payable by virtue of section 15(1) of the Pension Schemes Act (which provides for increases in a person’s guaranteed minimum pension if payment of his occupational pension is postponed after he attains pensionable age) to a person who is also entitled to a Category A or Category B retirement pension (including sums payable by virtue of section 17(2) and (3) of that Act), shall be increased by —
a
3.6 per cent. of their amount apart from this Order where the increase under section 15(1) is attributable to earnings factors for the tax year 1987–88 and earlier tax years ; and
b
0.6 per cent. of their amount apart from this Order where the increase under section 15(1) is attributable to earnings factors for the tax years 1988–89 to 1996–97 inclusive.
Dates on which sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act are increased by this Order
6
1
Paragraphs (2) to (9) of this article, which are subject to the provisions of paragraphs (10) and (11) below, specify the date on which the increases made by this Order in the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act, shall take effect for each case.
2
Subject to paragraph (3) below, the increases in the sums specified in articles 3, 4 and 11 of this Order for the rates of Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, increases for dependants, shall take effect on 6th April 1998.
3
In the case of a person over pensionable age whose entitlement to a Category A retirement pension is deferred and for whom the rate of short-term incapacity benefit falls to be calculated in accordance with section 30B(3) of the Contributions and Benefits Act , the increases in the sums mentioned in articles 3, 4 and 11 of this Order for Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, increases for dependants, shall take effect on 9th April 1998.
4
The increases in the sums mentioned in articles 4(4)(c) and 5(2) shall take effect on 6th April 1998.
5
The increases in the sums specified for the rate of maternity allowance, widowed mother’s allowance, widow’s pension, Category C and Category D retirement pension, child’s special allowance , attendance allowance, invalid care allowance (except in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday), together with, in each case where appropriate, increases for dependants, and guardian’s allowance shall in all cases take effect on 6th April 1998.
6
The increases in the sums specified for the rate of invalid care allowance in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday together with, where appropriate, increases for dependants, disablement benefit together with increases of disablement pension, maximum disablement gratuity under paragraph 9(2) of Schedule 7 to the Contributions and Benefits Act, industrial death benefit by way of widow’s and widower’s pension and allowance in respect of children together with, where appropriate, increases for dependants, and the maximum of the aggregate of weekly benefit payable for successive accidents, under section 107(1) of the Contributions and Benefits Act, shall in all cases take effect on 8th April 1998.
7
In any case where a person’s weekly rate of Category A or Category B retirement pension falls to be increased under the provisions of section 47(1) or 48C(2) of the Contributions and Benefits Act by reference to the weekly rate of invalidity allowance or age addition to long-term incapacity benefit to which he was previously entitled, the increase in such sum shall take effect on 6th April 1998.
8
The increases in the sums specified for the rate of incapacity benefit and severe disablement allowance (together with, where appropriate, increases for dependants) shall take effect in all cases on 9th April 1998.
9
The increases in the sums falling to be calculated in accordance with paragraph 13(4) of Schedule 7 to the Contributions and Benefits Act (retirement allowance) shall take effect on 8th April 1998.
10
In the case of a person who is subject to the provisions of regulations made under section 73(1)(b) of the Social Security Administration Act 1992 (adjustment of benefit for persons undergoing medical or other treatment as an in-patient in a hospital) the increase in the sum mentioned in article 4(3)(b) of this Order shall take effect in that case on the day on which the increase in the benefit payable to him apart from those regulations takes effect.
11
The increases in the sums specified in articles 3 and 23(c) of this Order, in so far as those sums are relevant for the purposes of establishing whether the rate of any benefit is not to be increased in respect of an adult dependant because the earnings of the dependant exceed a specified amount , shall take effect —
a
except in a case where sub-paragraph (b) below applies, on the first day of the first benefit week to commence for the beneficiary on or after 6th April 1998;
b
in a case where regulation 7(b) of the Computation of Earnings Regulations (date on which earnings are treated as paid) applies, on the first day of the first benefit week to commence for the beneficiary on or after 1st April 1998,
and for the purposes of this paragraph “benefit week” has the same meaning as in the Computation of Earnings Regulations.
Increase in rates of certain workmen’s compensation and industrial diseases benefits in respect of employment before 5th July 1948
7
In Schedule 8 to the Contributions and Benefits Act the sum of £37.35 referred to in paragraph 2(6)(c) (maximum weekly rate of lesser incapacity allowance supplementing workmen’s compensation) and paragraph 6(2)(b) (industrial diseases benefit schemes: weekly rate of allowance payable where disablement is not total) shall be increased; and from and including 8th April 1998 for that sum in paragraph 2(6)(c), and from and including 9th April 1998 for that sum in paragraph 6(2)(b), there shall be substituted the sum of £38.70.
Earnings Limits
8
In section 80(4) of the Contributions and Benefits Act (earnings limits in respect of child dependency increases) —
a
for the sum of £135 in both places where it occurs there shall be substituted the sum of £140; and
b
for the sum of £17 there shall be substituted the sum of £18.
Statutory Sick Pay
9
In section 157(1) of the Contributions and Benefits Act (rate of payment of statutory sick pay) for the sum of £55.70 there shall be substituted the sum of £57.70.
Statutory Maternity Pay
10
In regulation 6 of the Statutory Maternity Pay (General) Regulations 1986 (lower rate of statutory maternity pay) for the sum of £55.70 there shall be substituted the sum of £57.70.
Increase in rate of graduated retirement benefit
11
1
In the National Insurance Act 1965 the sum of 8.11 pence referred to in section 36(1) (graduated retirement benefit) shall be increased by 3.6 per cent.; and from and including 6th April 1998 the reference in that provision to that sum shall have effect as a reference to 8.40 pence.
2
The sums which are the increases of graduated retirement benefit under Schedule 2 to the Social Security (Graduated Retirement Benefit) ( No. 2) Regulations 1978 (increases for deferred retirement) shall be increased by 3.6 per cent. of their amount apart from this Order.
3
The sums which are the additions under section 37(1) of the National Insurance Act 1965 (additions for widows and widowers) shall be increased by 3.6 per cent. of their amount apart from this Order.
Increase in rates of Disability Living Allowance
12
In regulation 4 of the Social Security (Disability Living Allowance) Regulations 1991 (rate of benefit) —
a
in paragraph (1)(a), for the sum of £49.50 there shall be substituted the sum of £51.30;
b
in paragraph (1)(b), for the sum of £33.10 there shall be substituted the sum of £34.30;
c
in paragraph (1)(c), for the sum of £13.15 there shall be substituted the sum of £13.60;
d
in paragraph (2)(a), for the sum of £34.60 there shall be substituted the sum of £35.85; and
e
in paragraph (2)(b), for the sum of £13.15 there shall be substituted the sum of £13.60.
Sums specified for child benefit
13
In regulation 2(1) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 (weekly rates of child benefit) —
a
in sub-paragraph (a)(i), for the sum of £11.05 there shall be substituted the sum of £11.45;
b
in sub-paragraph (a)(ii), the sum specified is £17.10; and
c
in sub-paragraph (b), for the sum of £9.00 there shall be substituted the sum of £9.30.
Increase in rates of age addition to long-term incapacity benefit
14
In the Social Security (Incapacity Benefit) Regulations 1994 , in regulation 10(2) —
a
in sub-paragraph (a), for the sum of £13.15 there shall be substituted the sum of £13.60; and
b
in sub-paragraph (b), for the sum of £6.60 there shall be substituted the sum of £6.80.
Increase in rates of transitional invalidity allowance in long-term incapacity benefit cases
15
In the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 , in regulation 18(2) —
a
in sub-paragraph (a), for the sum of £13.15 there shall be substituted the sum of £13.60;
b
in sub-paragraph (b), for the sum of £8.30 there shall be substituted the sum of £8.60; and
c
in sub-paragraph (c), for the sum of £4.15 there shall be substituted the sum of £4.30.
Part III
FAMILY CREDIT, DISABILITY WORKING ALLOWANCE, INCOME SUPPORT, HOUSING BENEFIT AND COUNCIL TAX BENEFIT
Family Credit
16
1
In the Family Credit Regulations —
a
in regulation 46(4) (determination of appropriate maximum family credit) the capital sum prescribed is £3,000;
b
in regulation 46(4), (5) and (6), the amount specified for the credit in respect of a child or young person is NIL;
c
in regulation 47(1) (applicable amount), for the sum of £77.15 there shall be substituted the sum of £79.00; and
d
subject to paragraph (2) of this article, in Schedule 4 (determination of maximum family credit), the sums prescribed shall be as set out in Schedule 2 to this Order.
2
In Schedule 4 to the Family Credit Regulations as it has effect by virtue of regulation 10(3) of the Income-related Benefits and Jobseeker’s Allowance (Personal Allowances for Children and Young Persons) (Amendment) Regulations 1996 (transitional provisions) —
a
in paragraph 2(b) for the sum of £19.95 there shall be substituted the sum of £20.45;
b
in paragraph 3(a) for the sum of £24.80 there shall be substituted the sum of £25.40; and
c
in paragraph 3(b) for the sum of £34.70 there shall be substituted the sum of £35.55.
Disability Working Allowance
17
1
In the Disability Working Allowance Regulations —
a
in regulation 51(4) (determination of appropriate maximum disability working allowance) the capital sum prescribed is £3,000;
b
in regulation 51(4), (5) and (6), the amount specified for the allowance in respect of a child or young person is NIL;
c
in regulation 52(1) (applicable amount) —
i
in sub-paragraph (a), for the sum of £57.85 there shall be substituted the sum of £59.25;
ii
in sub-paragraph (b), for the sum of £77.15 there shall be substituted the sum of £79.00; and
d
subject to paragraph (2) of this article, in Schedule 5 (determination of appropriate maximum disability working allowance) the sums prescribed shall be as set out in Schedule 3 to this Order.
2
In Schedule 5 to the Disability Working Allowance Regulations as it has effect by virtue of regulation 10(3) of the Income-related Benefits and Jobseeker’s Allowance (Personal Allowances for Children and Young Persons) (Amendment) Regulations 1996 (transitional provisions) —
a
in paragraph 3(b) for the sum of £19.95 there shall be substituted the sum of £20.45;
b
in paragraph 4(a) for the sum of £24.80 there shall be substituted the sum of £25.40; and
c
in paragraph 4(b) for the sum of £34.70 there shall be substituted the sum of £35.55.
Applicable amounts for Income Support
18
1
The sums relevant to the calculation of an applicable amount as specified in the Income Support Regulations shall be the sums set out in the following provisions of this article and Schedules 4 to 8 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulation of, or the Schedule to, the Income Support Regulations bearing that number.
2
In regulations 17(1)(b), 18(1)(c), 21(1) and 71(1)(a)(ii), (b)(ii) and (iii), (c)(ii) and (d)(i), in paragraph 14(a) of Part III of Schedule 2, and in paragraph 1(2) of Part I of Schedule 4, the sum specified is in each case £3,000.
3
The sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be as set out in Schedule 4 to this Order.
4
In paragraph 3 of Part II of Schedule 2 (applicable amounts: family premium) —
a
in sub-paragraph (1)(a) the sum specified is £15.75; and
b
in sub-paragraph (1)(b) for the sum of £10.80 there shall be substituted the sum of £11.05.
5
The sums specified in Part IV of Schedule 2 (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 5 to this Order.
6
In paragraph 18 of Schedule 3 (housing costs: non-dependant deductions) —
a
in sub-paragraph (1)(a) for the sum of £39.00 there shall be substituted the sum of £45.00;
b
in sub-paragraph (1)(b) the sum specified is £7.00;
c
in sub-paragraph (2)(a) the sum specified is £78.00;
d
in sub-paragraph (2)(b) for the sum of £13.00 there shall be substituted the sum of £16.00 and the sums of £78.00 and £116.00 remain the same;
e
in sub-paragraph (2)(c) for the sum of £17.00 there shall be substituted the sum of £22.00 and the sums of £116.00 and £152.00 remain the same;
f
in sub-paragraph (2)(d) for the sums of £150.00 and £32.00 there shall be substituted the sums of £152.00 and £36.00 respectively, and the sum of £200.00 remains the same; and
g
in sub-paragraph (2)(e) for the sum of £36.00 there shall be substituted the sum of £41.00 and the sums of £200.00 and £250.00 remain the same.
7
In paragraph 6(2) of Schedule 4, for the sum of £240.00 there shall be substituted the sum of £247.00 and, subject to paragraph (2) of this article, those other sums relevant to the calculation of an applicable amount which are specified in Schedule 4 (applicable amounts of persons in residential care and nursing homes) shall be as set out in Schedule 6 to this Order.
8
Those sums relevant to the calculation of an applicable amount which are specified in Schedule 7 (applicable amounts in special cases) shall be as set out in Schedule 7 to this Order.
9
The sums specified in any provision of the Income Support Regulations set out in column (1) of Schedule 8 to this Order are the sums set out in column (2) of that Schedule.
Income Support Transitional Protection
19
Sums which are special transitional additions to income support payable in accordance with regulation 15 of the Income Support (Transitional) Regulations 1987 shall be increased by 2.4 per cent. of their amount apart from this Order.
The Relevant Sum for Income Support
20
In section 126(7) of the Contributions and Benefits Act (trade disputes: the relevant sum) the substituted sum is £27.00.
Applicable amounts for Housing Benefit
21
1
As from a date determined in accordance with article 1 of this Order, the sums relevant to the calculation of an applicable amount as specified in the Housing Benefit Regulations shall be the sums set out in the following provisions of this article and Schedules 9 and 10 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulation of, or the Schedule to, the Housing Benefit Regulations bearing that number.
2
In regulations 16(b), 17(c) and paragraph 14(a) of Part III of Schedule 2 (applicable amounts), the sum specified is in each case £3,000.
3
In regulation 18(1) (patients) —
a
in sub-paragraphs (a), (b) and (d)(ii), for the sum of £15.60 there shall be substituted the sum of £16.20 in each case;
b
in sub-paragraphs (c)(i) and (d)(i), for the sum of £12.50 there shall be substituted the sum of £12.95 in each case; and
c
in sub-paragraph (c)(ii), for the sum of £31.20 there shall be substituted the sum of £32.40.
4
In regulation 63 (non-dependant deductions) —
a
in paragraph (1)(a) for the sum of £39.00 there shall be substituted the sum of £45.00;
b
in paragraph (2)(b) for the sum of £13.00 there shall be substituted the sum of £16.00;
c
in paragraph (2)(c) for the sum of £17.00 there shall be substituted the sum of £22.00;
d
in paragraph (2)(d) for the sum of £33.00 there shall be substituted the sum of £36.00; and
e
in paragraph (2)(e) for the sum of £36.00 there shall be substituted the sum of £41.00.
5
In paragraph 1A of Part I of Schedule 1 (ineligible service charges), for the sums of £17.55, £17.55, £8.85, £11.65, £11.65, £5.85 and £2.10 there shall be substituted the sums of £17.95, £17.95, £9.05, £11.95, £11.95, £6.00 and £2.15 respectively.
6
Subject to paragraph (7) of this article, the sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be as set out in Schedule 9 to this Order.
7
In paragraph 2(d) of Schedule 2 as it has effect by virtue of regulation 10(1) of the Income-related Benefits and Jobseeker’s Allowance (Personal Allowances for Children and Young Persons) (Amendment) Regulations 1996 (transitional provisions) for the sum of £38.90 there shall be substituted the sum of £39.85.
8
In paragraph 3 of Part II of Schedule 2 (applicable amounts: family premium) —
a
in sub-paragraph (a) the sum specified is £22.05; and
b
in sub-paragraph (b) for the sum of £10.80 there shall be substituted the sum of £11.05.
9
The sums specified in Part IV of Schedule 2 (applicable amounts: premiums) shall be as set out in Schedule 10 to this Order.
Applicable amounts for Council Tax Benefit
22
1
The sums relevant to the calculation of an applicable amount as specified in the Council Tax Benefit Regulations shall be the sums set out in the following provisions of this article and Schedules 11 and 12 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulation of, or the Schedule to, the Council Tax Benefit Regulations bearing that number.
2
In regulations 8(b), 9(c) and paragraph 15(a) of Part III of Schedule 1 (applicable amounts), the sum specified is in each case £3,000.
3
In regulation 10(1) (patients) —
a
in sub-paragraphs (a), (b) and (d)(ii), for the sum of £15.60 there shall be substituted the sum of £16.20 in each case;
b
in sub-paragraphs (c)(i) and (d)(i), for the sum of £12.50 there shall be substituted the sum of £12.95 in each case; and
c
in sub-paragraph (c)(ii), for the sum of £31.20 there shall be substituted the sum of £32.40.
4
In regulation 52 (non-dependant deductions) —
a
in paragraph (1)(a) for the sum of £4.00 there shall be substituted the sum of £6.00.
b
in paragraph (1)(b) for the sum of £1.50 there shall be substituted the sum of £2.00;
c
in paragraph (2)(b) for the sum of £3.00 there shall be substituted the sum of £4.00; and
d
in paragraph (2)(c) for the sum of £3.50 there shall be substituted the sum of £5.00.
5
The sums specified in Part I of Schedule 1 (applicable amounts: personal allowances) shall be as set out in Schedule 11 to this Order.
6
In paragraph 3 of Part II of Schedule 1 (applicable amounts: family premium) —
a
in sub-paragraph (a) the sum specified is £22.05; and
b
in sub-paragraph (b) for the sum of £10.80 there shall be substituted the sum of £11.05.
7
The sums specified in Part IV of Schedule 1 (applicable amounts: premiums) shall be as set out in Schedule 12 to this Order.
Part IV
JOBSEEKER'S ALLOWANCE
Increase in age-related amounts of contribution-based Jobseeker’s Allowance
23
In regulation 79(1) of the Jobseeker’s Allowance Regulations (weekly amounts of contribution-based jobseeker’s allowance) —
a
in sub-paragraph (a) for the sum of £29.60 there shall be substituted the sum of £30.30;
b
in sub-paragraph (b) for the sum of £38.90 there shall be substituted the sum of £39.85; and
c
in sub-paragraph (c) for the sum of £49.15 there shall be substituted the sum of £50.35.
Applicable amounts for Jobseeker’s Allowance
24
1
The sums relevant to the calculation of an applicable amount as specified in the Jobseeker’s Allowance Regulations shall be the sums set out in the following provisions of this article and Schedules 13 to 17 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulation of, or the Schedule to, the Jobseeker’s Allowance Regulations bearing that number.
2
In regulations 83(b), 84(1)(c), 85(1) and 148(1)(a)(ii), (b)(ii) and (iii), (c)(ii) and (d)(i), in paragraph 16(a) of Part III of Schedule 1, and in paragraph 1(2) of Schedule 4, the sum specified is in each case £3,000.
3
The sums specified in Part I of Schedule 1 (applicable amounts: personal allowances) shall be as set out in Schedule 13 to this Order.
4
In paragraph 4 of Part II of Schedule 1 (applicable amounts: family premium) —
a
in sub-paragraph (1)(a) the sum specified is £15.75; and
b
in sub-paragraph (1)(b) for the sum of £10.80 there shall be substituted the sum of £11.05.
5
The sums specified in Part IV of Schedule 1 (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 14 to this Order.
6
In paragraph 17 of Schedule 2 (housing costs: non-dependant deductions) —
a
in sub-paragraph (1)(a) for the sum of £39.00 there shall be substituted the sum of £45.00;
b
in sub-paragraph (1)(b) the sum specified is £7.00;
c
in sub-paragraph (2)(a) the sum specified is £78.00;
d
in sub-paragraph (2)(b) for the sum of £13.00 there shall be substituted the sum of £16.00 and the sums of £78.00 and £116.00 remain the same;
e
in sub-paragraph (2)(c) for the sum of £17.00 there shall be substituted the sum of £22.00 and the sums of £116.00 and £152.00 remain the same;
f
in sub-paragraph (2)(d) for the sum of £150.00 and £32.00 there shall be substituted the sums of £152.00 and £36.00 respectively, and the sum of £200.00 remains the same; and
g
in sub-paragraph (2)(e) for the sum of £36.00 there shall be substituted the sum of £41.00 and the sums of £200.00 and £250.00 remain the same.
7
Subject to paragraph (2) of this article, those sums relevant to the calculation of an applicable amount which are specified in Schedule 4 (applicable amounts of persons in residential care and nursing homes) shall be as set out in Schedule 15 to this Order.
8
Those sums relevant to the calculation of an applicable amount which are specified in Schedule 5 (applicable amounts in special cases) shall be as set out in Schedule 16 to this Order.
9
The sums specified in any provision of the Jobseeker’s Allowance Regulations set out in column (1) of Schedule 17 to this Order are the sums set out in column (2) of that Schedule.
The Prescribed Sum for Jobseeker’s Allowance
25
In regulation 172 of the Jobseeker’s Allowance Regulations (trade disputes: prescribed sum) the substituted sum is £27.00.
Part V
TRANSITIONAL PROVISIONS AND REVOCATION
Transitional Provisions
26
Notwithstanding the increases of the sums payable in respect of family credit and disability working allowance made by articles 16 and 17 of this Order, where a period of entitlement to family credit or disability working allowance is running at 7th April 1998, the rate at which it is payable shall be the weekly rate in force for the period prior to 7th April 1998 until the end of the period of entitlement.
Revocation
27
The Social Security Benefits Up-rating Order 1997 is hereby revoked.
Signed by authority of the Secretary of State for Social Security.
Frank Field
Minister of State,
Department of Social Security
25th February 1998
We consent,
Bob Ainsworth
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
27th February 1998


text:
1
This Order may be cited as the Public Telecommunication System Designation (HighwayOne Corporation Limited) Order 1998 and shall come into force on 3rd March 1998.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Barbara Roche,
Parliamentary Under Secretary of State for Small Firms, Trade and Industry,
Department of Trade and Industry
28th January 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Kettering (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 Kettering;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to “the map” is a reference to the map prepared by the Department of the Environment, Transport and the Regions, marked “Map of the Borough of Kettering (Electoral Changes) Order 1998”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of Kettering
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-three wards which shall bear the names set out in column (1) of the Schedule.
3
The wards shall comprise the areas described in column (2) of the Schedule by reference to parishes, or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of the 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 Burton Latimer
3
1
The existing wards of the parish of Burton Latimer shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Barton, Latimer and Plessy and the wards shall comprise the areas designated on sheet 4 by reference to the name of the ward and demarcated by orange lines.
3
The numbers of councillors to be elected for each parish ward shall be one in the case of Barton, five in the case of Latimer and six in the case of Plessy (making a total of 12 councillors).
Wards of the parish of Desborough
4
1
The existing wards of the parish of Desborough shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names Loatland and St Giles and each parish ward shall comprise the area of the ward of the borough bearing the same name.
3
The numbers of councillors to be elected for each parish ward shall be six.
Wards of the parish of Rothwell
5
1
The existing wards of the parish of Rothwell shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names Tresham and Trinity and each parish ward shall comprise the area of the ward of the borough bearing the same name.
3
The numbers of councillors to be elected for each parish ward shall be six.
Revocation
6
The Borough of Kettering (Electoral Arrangements) Order 1976 is hereby revoked.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
8th October 1998


text:
1
This Order may be cited as the A41 Trunk Road (Camden) (Temporary Prohibition of Traffic) (No 2) Order 1998, and shall come into force on 6th April 1998.
2
This Order is made because the Traffic Director for London is satisfied that traffic on the roads, or lengths of road, mentioned in the schedule to this Order should be prohibited because works are being or are proposed to be executed on or near those roads or lengths of road.
3
During the period starting at 00.01 hours on 6th April 1998 for a period of four months, or when those works have been completed, whichever is the sooner, no person shall cause or permit any vehicle to stop at any time in the roads, or lengths of roads, specified in the schedule to this Order.
4
1
The prohibitions specified in article 3 above shall apply only during such times and to such extent as shall from time to time be indicated by traffic signs specified by regulations or authorised under section 64 of the Road Traffic Regulation Act 1984.
2
The prohibitions specified in article 3 above shall not apply in respect of —
i
any vehicle being used for the purpose of those works, or for fire brigade, ambulance or police purposes, or
ii
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
5
In so far as, and during such times as, the prohibition specified in article 3 above is in force, the provisions of the A41 Trunk Road (Camden) Red Route Experimental (No.2) Traffic Order 1997 are hereby suspended so far as they relate to the roads or lengths of roads specified in the schedule to this Order.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
20th March 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bro Morgannwg National Health Service Trust (Establishment) Order 1998 and shall come into force on 4th January 1999.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 4th January 1999;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means Bro Morgannwg 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 Bro Morgannwg National Health Service Trust or Ymddiriedolaeth Gwasanaeth Iechyd Gwladol Bro Morgannwg.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions shall be to own and manage —
a
Princess of Wales Hospital, Coity Road, Bridgend CF31 1RQ,
b
Neath General Hospital, Neath SA11 2LQ,
and associated hospitals and premises, and there to provide and manage hospital accommodation and services and community health services.
Directors of the trust
4
The trust shall have, in addition to the chairman, 7 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 the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by Health Authorities before operational date
7
1
Morgannwg Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (2) of this article.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State,Welsh Office
16th December 1998


text:
PART I
GENERAL
Citation and commencement
1
1
These Regulations may be cited as the European Primary and Specialist Dental Qualifications Regulations 1998.
2
These Regulations shall come into force on 14th April 1998.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Dentists Act 1984 ;
“appropriate European diploma” shall be construed in accordance with Part I of Schedule 2 to the Act ;
“ CCST ” means Certificate of Completion of Specialist Training in orthodontics or, as the case may be, oral surgery ;
“dental authority” shall be construed in accordance with section 3(4) of the Act;
“the Dental Training Directive” means Council Directive No. 78/687/ EEC concerning the co-ordination of provisions in respect of the activities of dental practitioners, as amended by the Accession of Austria, Finland and Sweden Act ;
“ EEA ” means European Economic Area;
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;
“EEA State” means a State which is a contracting party to the EEA Agreement;
“ GDC ” means General Dental Council ;
“primary qualification” means a qualification held by the persons referred to in section 15(1) of the Act ;
“the Recognition Directive” means Council Directive No. 78/686/EEC concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications of practitioners of dentistry, as adapted, amended or extended by the Accession of Greece Act , Council Directive No. 81/1057/EEC the Accession of Spain and Portugal Act , Council Directives Nos. 89/594/EEC and 90/658/EEC , the EEA Agreement and the Accession of Austria, Finland and Sweden Act;
“the register” means the dentists' register ;
“registered dentist” means a person registered in the register other than with temporary registration, except in regulations 8(1) and (2) and 12(1), where it has the meaning assigned in the Act ;
“registrar” means the registrar of the GDC ; and
“registration number” means the number by which a registered dentist is identified in the register.
2
In these Regulations, any reference to a consultant in the National Health Service is to a consultant other than a locum consultant (but including an honorary consultant) employed for the purposes of providing any service as part of the health service continued under section 1(1) of the National Health Service Act 1977 , section 1(1) of the National Health Service (Scotland) Act 1978 or Article 4 of the Health and Personal Social Services (Northern Ireland) Order 1972 .
3
In this regulation —
a
“the Accession of Greece Act” means the Act annexed to the Treaty relating to the accession of the Hellenic Republic to the European Community signed at Athens on 28th May 1979 ;
b
“the Accession of Spain and Portugal Act” means the Act annexed to the Treaty relating to the accession of the Kingdom of Spain and the Portuguese Republic to the European Community signed at Madrid and Lisbon on 12th June 1985 ; and
c
“the Accession of Austria, Finland and Sweden Act” means the Act annexed to the Treaty relating to the accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union, signed at Corfu on 24th June 1994 , as adjusted by the Decision of the Council of the European Union of 1st January 1995 adjusting the instruments concerning the accession of new member States to the European Union .
Power of direction
3
1
Subject to paragraph (2), the Secretary of State may give directions to the GDC in connection with any of its functions which arise from Community obligations and which relate to —
a
primary qualifications awarded in the EEA;
b
specialist qualifications in orthodontics or oral surgery awarded in the EEA;
c
registration under the Act by virtue of any qualifications; or
d
entry in a specialist list for orthodontists or oral surgeons;
and it shall be the duty of the GDC to comply with any such directions.
2
Directions given under paragraph (1) may be as to matters of administration only.
PART II
SPECIALIST QUALIFICATIONS
The competent authority
The competent authority
4
1
In relation to specialist dental qualifications in orthodontics and oral surgery, the competent authority in the United Kingdom for the purposes of the Recognition Directive and the Dental Training Directive is the GDC.
2
Accordingly, in relation to specialist dental qualifications in orthodontics and oral surgery, in addition to the functions conferred upon it elsewhere in these Regulations, the GDC shall as respects the United Kingdom perform the functions —
a
of the host member State referred to in the following articles of the Recognition Directive —
i
article 6(1) (requirement to fulfil domestic requirements for specialist training in certain specialties);
ii
article 6(2) (requirement to take into account training already undertaken abroad); and
iii
article 21 (which concerns requiring confirmation of authenticity of foreign diplomas and confirmation that a person has fulfilled the Dental Training Directive’s training requirements); and
b
of a competent authority referred to in the following articles of the Recognition Directive —
i
article 6(2) (issue of certificates relating to training in the United Kingdom in certain specialties);
ii
article 6(3) (requirement to verify content and duration of foreign specialist training and to communicate what additional training is required in the United Kingdom);
iii
article 7(2) (issue of certificates there mentioned to specialists whose qualifications were awarded in the United Kingdom or who have practised their specialty in the United Kingdom);
iv
article 7(3) (issue of certificates of fulfilment of the Dental Training Directive training requirements in respect of qualifications which do not conform with the designations set out in the Recognition Directive); and
v
article 21 (function of confirming authenticity of CCSTs and of confirming that a person has fulfilled the Dental Training Directive’s training requirements).
3
The GDC is hereby designated as respects the United Kingdom for the purposes set out in this regulation in accordance with —
a
article 22 of the Recognition Directive (which requires member States to designate the authorities competent to issue or receive the diplomas, documents and other information referred to in the Directive); and
b
article 2(3) of the Dental Training Directive (which requires member States to designate the authorities or bodies competent to issue diplomas, certificates or other evidence of formal qualifications referred to in Article 2(1) of the Dental Training Directive).
Fees
5
1
Subject to the following paragraphs, the GDC may charge such reasonable fees as it determines to cover the cost of providing services in the course of the performance of any of its functions under or by virtue of Part II of these Regulations.
2
The GDC may set those fees at levels such that (taken together) the fees also cover the cost of such of its overheads as are reasonably attributable to the performance of all of its functions under or by virtue of Part II of these Regulations; but the fees must not include any element of profit.
3
The fee charged by the GDC for any particular service must not include more than a reasonable proportion of the total cost of its overheads referred to in paragraph (2).
4
This regulation does not prevent the GDC, where it has power to do so, from setting any other fee which it has power to charge at a level designed to include costs referred to in this regulation; but any costs recovered that way cannot also be recovered by way of fees under this regulation.
Specialist dental training
Certificates of completion of specialist training
6
1
Subject to paragraphs (2), (3) and (4), the GDC shall award a CCST to any person who applies to the GDC for that purpose (and pays any fee determined by the GDC) if the GDC is satisfied that he has satisfactorily completed specialist dental training in orthodontics or (as the case may be) oral surgery approved by the GDC pursuant to regulation 7.
2
A CCST may be awarded only to a registered dentist.
3
A period of specialist dental training in a branch of specialised dentistry other than orthodontics counts towards completion of the training required for orthodontics if it is common to both specialties.
4
A period of specialist dental training in a branch of specialised dentistry other than oral surgery counts towards completion of the training required for oral surgery if it is common to both specialties.
5
A CCST shall state —
a
the date on which it was awarded;
b
the specialty in which it was awarded;
c
the name of its holder;
d
his primary dental qualification; and
e
his registration number.
6
A CCST shall state where the holder’s primary dental qualification was awarded and, in the case of a registered dentist whose primary qualification in the United Kingdom was awarded following the completion of a degree, licence or other dental diploma overseas, the CCST shall also state this qualification and the place where it was awarded.
7
Where more than one year of the training to which the CCST attests took place outside the EEA, the CCST shall make clear that this was so, and shall state the length (in aggregate) of such training.
Minimum requirements of specialist dental training
7
1
The GDC shall not approve specialist dental training intended to lead to the award of a CCST unless it complies with the requirements of this regulation; and the GDC may withdraw any such approval if it is satisfied that the training no longer complies with those requirements.
2
The training must constitute an entire course of training in the specialty in question and must, subject to paragraph (3) —
a
comprise theoretical and practical instruction;
b
be full-time training;
c
be supervised by the GDC;
d
be of at least three years' duration;
e
be in a university centre, in a treatment, teaching and research centre, or (where the GDC is satisfied that it is appropriate) in a health establishment approved for this purpose by the GDC; and
f
involve the personal participation of the person training to be a specialist in the activity and in the responsibilities of the establishments concerned.
3
Part-time specialist dental training is permitted, under conditions approved by the GDC, where training on a full-time basis would not be practicable for well-founded reasons; and accordingly the GDC may approve part-time training which satisfies —
a
the conditions referred to above in this paragraph;
b
the conditions set out in sub-paragraphs (a), (c), (e) and (f) of paragraph (2); and
c
the following conditions —
i
the standard of training must not be lower than that of full-time training; and
ii
the total length of training in the specialty in question must not be less than that of full-time training in the same specialty.
4
The curriculum and any other requirements relating to the training for the specialty, as they have effect from time to time, must be published.
Distinctive titles and specialist lists
8
1
Paragraph (2) applies where the GDC is of the opinion that orthodontics or (as the case may be) oral surgery has become so distinctive that it would be for the convenience of the public or of the dental profession that registered dentists qualified to practise, or practising, in that branch of dentistry should use a distinctive title, and it decides to make regulations —
a
under section 26(3) of the Act so as to prescribe a title for that specialty; or
b
to prescribe such a title and also to provide for the matters specified in section 26(4)(a) and (b) of the Act in relation to that title.
2
Where this paragraph applies, the GDC shall secure that the regulations mentioned in paragraph (1) provide that a registered dentist is entitled to use the title prescribed for a specialty and (if appropriate) to have his name entered in the list for that specialty only if he —
a
either holds a CCST awarded by the GDC under regulation 6 in the specialty in question, or is an eligible specialist as specified in regulation 9 or an existing specialist as specified in regulation12; and
b
pays any fee determined by the GDC on application for entry in the appropriate list.
3
Where the GDC exercises its powers under section 26(4) of the Act so as to provide for a specialist list in orthodontics or oral surgery, it must tell anyone who asks it (and pays any fee determined by the GDC) whether or not a particular person’s name is entered in the list in question, and must do so in writing if required, stating the date on which that person’s name was entered in the list and his registration number.
4
For the purposes of paragraph (3), the GDC shall be deemed to have satisfied a requirement that it gives information in writing if it transmits the information to the person requiring it by facsimile or other electronic means.
Eligible specialists
9
1
A person is an eligible specialist for the purposes of regulation 8(2) if he holds a recognised specialist dental qualification (as specified in regulation 10) and —
a
is a national of an EEA State; or
b
is not a national of an EEA State, but is, by virtue of a right conferred by Article 11 of Council Regulation (EEC) No. 1612/68 or any other enforceable Community right, entitled to be treated, for the purposes of access to the profession of dentistry, no less favourably than a national of such a State.
2
A person is also an eligible specialist for the purposes of regulation 8(2) if he does not fall within paragraph (1), but —
a
he has specialist dental qualifications awarded outside the United Kingdom in orthodontics or (as the case may be) oral surgery, and satisfies the GDC that those qualifications are equivalent to a CCST in the specialty in question; or
b
he has knowledge of, and experience in, orthodontics or (as the case may be) oral surgery derived from academic or research work, and satisifies the GDC that that knowledge and experience is equivalent to the knowledge and experience which he might reasonably be expected to have acquired if he had undertaken the training required for the award of a CCST.
3
In the case of a person falling within paragraph (2) who is as described in sub-paragraph (a) or (b) of paragraph (1) and —
a
has specialist qualifications in orthodontics or (as the case may be) oral surgery awarded outside the EEA which have been accepted by another EEA State as qualifying him to practise as a specialist in that State; or
b
has acquired specialist dental experience and knowledge in an EEA State,
the GDC shall, when considering whether it is satisfied as mentioned in paragraph (2)(a) or (b), take account of that acceptance and of that dental experience and knowledge.
4
A person is also an eligible specialist in oral surgery for the purposes of regulation 8(2) if he is an oral and maxillo-facial surgeon and his name is entered in the specialist register kept by the General Medical Council in respect of that specialty and —
a
if his specialist qualification in oral and maxillo-facial surgery was awarded in an EEA State other than the United Kingdom, he satisfies the GDC that his training in oral and maxillo-facial surgery included elements which taken together satisfy the requirements of the Dental Training Directive for training in oral surgery; and
b
in any other case, he satisfies the GDC that his training in oral and maxillo-facial surgery included elements which taken together are equivalent to the training required for the award of a CCST in oral surgery.
Recognised specialist dental qualifications
10
1
The following are recognised specialist dental qualifications for the purposes of regulation 9(1) —
a
a qualification which is listed in article 5(1) (orthodontics) or (as the case may be) article 5(2) (oral surgery) of the Recognition Directive (which sets out the names of specialist qualifications in EEA States) granted in an EEA State other than the United Kingdom (these names are set out in Schedule 1);
b
a qualification in orthodontics or (as the case may be) oral surgery granted in an EEA State other than the United Kingdom which does not satisfy all the minimum training requirements laid down by articles 2 and 3 of the Dental Training Directive and was awarded following training begun before the relevant date, accompanied by a certificate from the competent authority in the EEA State in which the qualification was awarded or in which its holder has subsequently become established, stating that the holder has been engaged in the practice of his specialty for at least the period required by article 7(2) of the Recognition Directive (qualifications not satisfying the minimum training requirements);
c
a qualification in orthodontics or (as the case may be) oral surgery —
i
which has been obtained at any time in an EEA State other than the United Kingdom,
ii
which does not conform with the designations set out in article 5(1) or (2) of the Recognition Directive (which sets out the specialist dental qualifications awarded in EEA States), and
iii
evidence of which is accompanied by a certificate of the competent authorities of that State to the effect that the qualification was awarded following training in accordance with the provisions of articles 2 and 3 of the Dental Training Directive (which set out minimum standards of training for specialist dental qualifications) and is treated by that State as if it were a qualification set out under the heading relating to that State in article 5(1) or (2) of the Recognition Directive; and
d
subject to compliance with paragraph (2), any qualification which is evidence of training commenced before 3rd October 1990 and undertaken on the territory of the former German Democratic Republic.
2
This paragraph is complied with where —
a
the holder of the qualification referred to in paragraph (1)(d) produces to the Registrar a certificate of the competent authorities of Germany certifying that he has practised his specialty in Germany for at least the period referred to in article 7a(2) of the Recognition Directive (training in former German Democratic Republic); and
b
he is authorised to practise his specialty throughout the territory of Germany under the same conditions as holders of the German qualification listed in article 5(1) or (2) of the Recognition Directive.
3
In paragraph (1)(b), “the relevant date” means —
a
28th January 1980, in the case of a qualification granted in Denmark, France, Germany, Ireland or the Netherlands;
b
1st January 1981, in the case of a qualification granted in Greece;
c
1st January 1994, in the case of a qualification granted in Finland, Norway or Sweden; or
d
in the case of any other EEA State, the date notified by that State to the Commission as that on which it implemented the Dental Training Directive.
Appointment as a consultant in the National Health Service
11
1
Paragraph (2) shall not apply until the expiry of the period of two years beginning with the date on which regulations made by the GDC under section 26(4) of the Act come into force in relation to the specialty in question.
2
Subject to paragraph (1), a person may not take up appointment as a consultant in the National Health Service in oral surgery or orthodontics unless his name is included in any list for the specialty in question kept pursuant to regulations made by the GDC under section 26(4) of the Act.
Transitional provisions
Existing specialists
12
1
A registered dentist is an existing specialist for the purposes of regulation 8(2) if he applies to the Registrar, within the period referred to in paragraph (2), for his name to be entered in any list of orthodontists or (as the case may be) oral surgeons kept pursuant to regulations made under section 26(4) of the Act (paying any fee determined by the GDC) and satisfies him that he falls within paragraph (3).
2
An application under paragraph (1) shall be made before the expiry of the period of two years beginning with the date on which the regulations mentioned in that paragraph come into force in relation to the specialty in question, unless the applicant satisfies the Registrar that there was good reason for not applying by then.
3
A person falls within this paragraph if —
a
he is, or has been, a consultant in the National Health Service in the specialty in question; or
b
he has been accredited in the specialty in question before the date on which the regulations referred to in paragraph (1) come into force in relation to that specialty; or
c
he has satisfied the GDC that —
i
he has been trained in the United Kingdom in the appropriate specialty and that training complied with the requirements relating to training in that specialty current in the United Kingdom at the time he undertook it;
ii
he has qualifications awarded in the United Kingdom in such a specialty that are equivalent to a CCST in that specialty; or
iii
he has acquired experience in that specialty which has given him a level of expertise equivalent to the level of expertise he might reasonably be expected to have attained if he had a CCST in that specialty.
4
In paragraph (3)(b), “accredited” refers to the former practice whereby certain Royal Colleges and Faculties acknowledged the satisfactory completion of a period of specialist training in dentistry, to a level previously determined by that body, by granting an application for accreditation made by the person who had completed the training.
Other specialities
Other specialties
13
1
If the GDC exercises its powers under section 26(3) and (4) of the Act so as to prescribe specialist titles or provide for specialist lists in any branch of dentistry other than orthodontics or oral surgery, it shall secure as regards a person to whom this paragraph applies that —
a
any specialist qualification of his in the branch of dentistry in question awarded outside the EEA which has been accepted by another EEA State as qualifying him to practise as a specialist in that branch of dentistry in that State; and
b
any specialist dental experience and knowledge of his in that branch of dentistry acquired in an EEA State,
are taken into account in assessing his entitlement to use the specialist title in question or to have his name entered in any specialist list relating to that branch of dentistry or in assessing what (if any) further training he must undergo for the purpose of obtaining a qualification in that branch of dentistry.
2
Paragraph (1) applies to a person who —
a
is a national of an EEA State; or
b
is not a national of an EEA State, but is, by virtue of a right conferred by Article 11 of Council Regulation (EEC) No. 1612/68 or any other enforceable Community right, entitled to be treated, for the purposes of access to the profession of dentistry, no less favourably than a national of such a State.
3
If the GDC exercises its powers under subsection (3) of section 26 of the Act in relation to both oral surgery and surgical dentistry, it shall do so in such a way as to secure that any registered dentist who is entitled to use the title prescribed for oral surgery (an “oral surgeon”) is also entitled to use the title prescribed for surgical dentistry; and if the GDC also exercises its powers by virtue of subsection (4) of that section in relation to surgical dentistry, it shall do so in such a way as to secure that an oral surgeon is entitled to have his name entered in the list of surgical dentists.
Miscellaneous
Appeals
14
1
The GDC shall secure that —
a
a person to whom it refuses to award a CCST;
b
a person who fails to satisfy the GDC that he is an eligible specialist in accordance with regulation 9(2), (3) or (4); and
c
a person who fails to satisfy the GDC as to the matters referred to in regulation 12(3)(c);
has the right to appeal against its decision to a panel of independent persons (in this regulation referred to as an “appeal panel”) which shall be convened by the GDC as soon as practicable to reconsider the question and determine whether or not the appellant should be awarded a CCST or should so satisfy the GDC (as the case may be).
2
The GDC shall determine and publish the procedure governing its selection of the members of appeal panels and the conduct of appeals.
3
The GDC shall secure that an appeal panel gives reasons for its determination.
Revocation and saving
15
1
The Dental Qualifications (EEC Recognition) Order 1980 is hereby revoked.
2
Subject to paragraph (3), the revocation of article 5(1) of that Order does not prevent the GDC from awarding a certificate of completion of specialist training to any person whose application for one had been received by the GDC before these Regulations came into force; and any such application may be dealt with as if paragraph (1) had not come into force.
3
An application to which paragraph (2) refers must be dealt with before the end of the period of three months beginning with the date on which these Regulations come into force.
PART III
PRIMARY QUALIFICATIONS
The competent authorities
16
1
Subject to paragraph (5), in relation to primary qualifications awarded in the United Kingdom, to appropriate European diplomas, and to registration under the Act by virtue of such qualifications or diplomas, the GDC shall be the competent authority in the United Kingdom for the purposes of the Recognition Directive.
2
Accordingly, in relation to such qualifications or diplomas and to persons registered or seeking registration under the Act by virtue of them, the GDC shall as respects the United Kingdom perform (in addition to any functions provided for elsewhere) the following functions conferred by the Recognition Directive (the relevant article of that Directive being referred to in brackets where it is not otherwise mentioned) —
a
the function of issuing in respect of practice in the United Kingdom the certificate of effective and lawful practice referred to in article 7(1);
b
where the United Kingdom is the host State, the function of providing, where the GDC thinks fit, the information referred to in the first paragraph of articles 9(3) and 10(2);
c
where the GDC receives such information, the function of verifying the accuracy of the facts, of deciding on the nature and the extent of the investigation to be made and of informing the host State of action taken (as mentioned in the second paragraph of articles 9(3) and 10(2)), such information to be provided within the period of three months beginning with the date on which the request for information was received (as mentioned in article 13(2));
d
the function of receiving or (as the case may be) forwarding the information referred to in article 10(1);
e
the function of ensuring the confidentiality of information forwarded under articles 9 and 10 (articles 9(4) and 10(3));
f
the function of supplying the certificates referred to in the second and third indents of article 15(3) in the case of a person established in the United Kingdom, and of withdrawing the former in the circumstances referred to in article 15(5); and
g
the function of requiring, in the event of justified doubts, confirmation of authenticity of diplomas, certificates and other evidence of formal qualifications granted by another EEA State and confirmation that a national of an EEC State seeking registration under the Act by virtue of an appropriate European diploma has fulfilled the Dental Training Directive’s training requirements (article 21).
3
In addition, in relation to primary qualifications awarded in the United Kingdom and to registration under the Act, the GDC shall as respects the United Kingdom have the functions of a competent authority referred to in the following articles of the Recognition Directive —
a
article 7(3) (issue of certificates of fulfilment of the Dental Training Directive training requirements in respect of qualifications which do not conform with the designations set out in the Recognition Directive;)
b
article 9(1) (issue of certificates of good character);
c
article 21 (function of confirming authenticity of qualifications and of confirming that a person has fulfilled the Dental Training Directive’s training requirements).
4
The GDC is hereby designated as respects the United Kingdom for the purposes set out in this regulation in accordance with article 22 of the Recognition Directive (which requires member States to designate the authorities competent to issue or receive the diplomas, documents and other information referred to in that Directive).
5
The dental authorities are hereby designated as respects the United Kingdom for the award of the diplomas of Bachelor of Dental Surgery ( BDS or B.Ch.D ) and Licentiate in Dental Surgery ( LDS ) in accordance with article 22 of the Recognition Directive (which requires member States to designate the authorities competent to issue or receive the diplomas, documents and other information referred to in that Directive).
Fees
17
The GDC may charge such reasonable fees as it determines to cover the cost of providing certificates in the course of the performance of the functions specified in paragraphs (2)(a) and (f) and (3)(a) and (b) of regulation 16, but the fees must not include any element of profit.
Minimum requirements of primary dental training
18
No dental authority shall grant a degree or licence or other diploma in dentistry unless it meets at least the minimum dental training requirements set out in Schedule 2 to these Regulations.
Evidence of good character and of good health
19
In section 15 of the Act (qualification for registration in the dentists register) there are inserted after subsection (4) the following subsections —
4A
In relation to a person who is a national of an EEC State (or is treated as such for the purposes of subsection (1)(b)), the registrar shall accept as sufficient evidence of good character for the purposes of subsection (3)(b) —
a
a certificate issued by a competent authority in the EEA State which awarded the appropriate European diploma, or in which he has subsequently become established, attesting that the requirements of that State in relation to good character for taking up the profession of dentistry have been met; or
b
(where the State does not require proof of good character for taking up of the profession of dentistry) an extract from the judicial record or an equivalent document issued by a competent authority in the State showing that he is of good character.
4B
In relation to a person who is a national of an EEA State (or is treated as such for the purposes of subsection (1)(b)), the registrar shall accept as sufficient evidence of good health for the purposes of subsection (3)(c) —
a
the document required in the EEA State which awarded the appropriate European diploma, or in which he has subsequently become established, as proof of good health; or
b
(where the State does not require proof of good health for the taking up of the profession of dentistry) a certificate issued by a competent authority in the State corresponding to the certificates of good health issued by the Council.
4C
the registrar shall not accept any certificate referred to in subsection (4A) or (4B) if it is presented more than three months after the date on which it was issued.
.
Holders of overseas diplomas
20
1
In section 15 of the Act (qualification for registration in the dentists register), in subsection (4)(d) for “he” there is substituted —
he —
i
is a national of an EEA State (or is treated as such for the purposes of subsection (1)(b)); or
ii
.
2
In section 16 of the Act (supplementary provisions as to registration of holders of overseas diplomas) there is inserted after subsection (2) the following subsection —
2A
In deciding for the purposes of section 15(4)(c) whether a person who is a national of an EEA State (or is treated as such for the purposes of section 15(1)(b)) has the requisite knowledge and skill, the Council —
a
shall take into account any dental qualifications awarded outside the EEA which have been accepted by another EEA State as qualifying him to practise as a dentist in that State;
b
shall take into account any professional dental experience or knowledge that he has acquired in another EEA State; and
c
may treat a qualification which is not of a kind recognised for the time being by the Council as furnishing sufficient guarantees that he has the requisite knowledge and skill as if it were such a qualification.
.
3
In section 17 of the Act (temporary registration) —
a
for subsection (2)(d) there is substituted —
d
that he —
i
is a national of an EEA State (or is treated as such for the purposes of section 15(1)(b)); or
ii
has the necessary knowledge of English; and
; and
b
after subsection (3) there is inserted —
3A
In deciding for the purposes of subsection (2)(c) whether a person who is a national of an EEA State (or a person who is treated as such for the purposes of section 15(1)(b)) has the requisite knowledge and skill for the efficient practice of dentistry in the post in question, the Council shall take into account any professional dental experience or knowledge that he has acquired in another EEA State, and any acceptance by such a State of his right to practise as a dentist in that State.
.
Minor amendments to the Act
21
1
After section 21 of the Act (notification of reasons for refusal of application for registration etc ), there is inserted —
21A
1
Where a person who is a national of an EEA State (or is treated as such for the purposes of section 15(1)(b)) applies for registration under section 15(1)(b), the registrar shall notify him of the result of his application —
a
within three months of the date when the registrar received all documents (or any remaining documents) that he needed to determine the application; or
b
within such longer period as is allowed by article 13 of Community Council Directive No. 78/686/EEC .
2
The notification may be sent by post.
3
In subsection (1)(b), “Community Council Directive No. 78/686/EEC ” has the meaning given to it in Schedule 2, Part I, paragraph 1.
.
2
In paragraph 2(2)(a) of Schedule 4 to the Act (declaration and certificates to be provided by visiting EEA practitioners) —
a
after the words “under paragraph (a)” there are inserted the words “and the certificates to be provided under paragraph (b)”; and
b
for the words “it shall be provided” there are substituted the words “they shall be provided”.
Frank Dobson
One of Her Majesty’s Principal Secretaries of State (Department of Health)
17th March 1998