text:
PART I
PRELIMINARY
Citation and commencement
1
1
This Order may be cited as the Peterhead Harbours Revision Order 1998 and shall come into force on 11th May 1998.
2
The Peterhead Harbours Orders 1985 to 1996 and this Order may be cited together as the Peterhead Harbours Orders 1985 to 1998.
Interpretation
2
1
In this Order–
“ Act of 1847 ” means the Harbours, Docks, and Piers Clauses Act 1847(
“ area of works ” means the area within the limits of deviation or any part of that area;
“trustees” means the body corporate known as the trustees of the harbours of Peterhead;
“ deposited plan and sections ” means the plan and sections prepared in duplicate and signed on behalf of the Secretary of State and marked “Plan and Sections referred to in Article 2 of the Peterhead Harbours Revision Order 1998” of which one is deposited at the offices of the Secretary of State for Scotland and the other at the harbour office of the trustees;
“ enactment ” means any Act, whether general, local or personal and any order (including this Order) or other instrument made thereunder and any provision in any such Act, order or instrument;
“harbours” means the harbours of Peterhead as defined in section 32 (Limits of harbours) of the Peterhead Harbours Order 1992(
“ harbour undertaking ” means the undertaking of the trustees in connection with the harbour;
“ level of high water ” means the level of mean high-water springs;
“ level of low water ” means the level of mean low-water springs;
“limits of deviation” means the limits of deviation shown on the deposited plan;
“ tidal work ” means so much of any work authorised by this Order as is on, under or over tidal waters or tidal lands below the level of high water;
“ vessel ” means a ship, boat or craft of any description and includes any other thing constructed or adapted for floating on or being submersed in water (whether permanently or temporarily); and includes a hovercraft within the meaning of the Hovercraft Act 1968 or any other amphibious vehicle or a seaplane; and
“ works ” means the works authorised by Article 4 (Power to carry out works) of this Order or, as the case may require, any part thereof.
2
All areas, directions, distances, lengths and widths as stated in any description of works, powers or lands other than Article 5 (Power to deviate) of this Order shall be construed as if the words “or thereabouts” were inserted after each such area, direction, distance, length and width and any reference in a description of works to a point shall be a reference to that point on the deposited plan.
Incorporation of Act of 1847
3
The Act of 1847 (except sections 6 to 13, 16 to 19, 22, 25, 26, 48, 79 to 82, 95, 97, 98, 99, 101 and 103) so far as applicable for the purposes and not inconsistent with the provisions of this Order, is hereby incorporated with and forms part of this Order:
Provided that–
a
in construing the provisions so incorporated the expression “the Special Act” shall mean this Order, and–
i
the expressions “the Promoters of the undertaking” and “the undertakers” shall mean the trustees and the expression “the harbour, dock and pier” shall mean the harbours;
ii
the meaning of the word “vessel” as defined in Article 2 (Interpretation) of this Order shall be substituted for the meaning assigned to that word by section 3 of the Act of 1847;
iii
section 23 shall be read and have effect as if the words “provided that no such lease be granted for a longer term than three years” were omitted and there were added the words “provided that as from the commencement of any lease of a tidal work made under this section the lessee shall during the continuance of his lease be subject to all the liabilities and obligations to which the undertakers are subject and shall perform all the duties of the undertakers under the Special Act in respect of that work.”;
iv
section 63 shall be read and have effect as if for the words from “to a penalty” to the end of the section there were substituted the words “on summary conviction to a fine not exceeding level 2 on the standard scale.”;
v
section 69 shall be read and have effect as if for the words from “forfeit” to the end of the section there were substituted the words “be liable on summary conviction to a fine not exceeding level 2 on the standard scale.”;
vi
section 84 shall be read and have effect as if for the words “five pounds” there were substituted the words “level 2 on the standard scale.”; and
b
the height of any warehouse or other building which the trustees may erect on the area of Works Nos.2 and 3 authorised by this Order shall not exceed the level of the top of the existing wall on the south side of the roads known as Harbour Street, Lodge Walk and Bath Street, Peterhead.
PART II
WORKS
Power to carry out works
4
1
Subject to the provisions of this Order, the trustees may, in the situations and lines and within the limits of deviation and according to the levels shown on the deposited plan and sections, carry out and maintain the following improvement works in Aberdeenshire, together with all necessary and proper works and conveniences connected therewith or incidental thereto:–
Work No.1 The deepening of a portion of the south entrance channel to the harbours of Peterhead to a depth of 6.7 metres below the level of low water within the area shown as hatched on the deposited plan, commencing at Point G on the deposited plan 223 metres from the fixed point marked in the deposited plan at the centre of the east face of West Pier, extending 94 metres in a north-westerly direction and there terminating.
Work No.2 Land reclamation and a berthing face to be known as “Merchants Quay (North)” commencing at a point 46 metres west of the fixed point marked on the deposited plan, extending in a westerly direction for 201 metres and there terminating, such works to include the demolition and removal of the existing lifeboat shed and slipway.
Work No.3 A pier and breakwater to be known as “Merchants Quay (west)” commencing from the south-east corner of the Smith Embankment at a point 306 metres from the fixed point marked on the deposited plan, extending 101 metres in a south-south-easterly direction and then a further 61 metres in a southerly direction and terminating at a point 162 metres from the point of commencement.
Work No.4 A pier, pontoon and support frame commencing 10 metres north of the north-west corner of West Pier at a point 39 metres from the fixed point marked on the deposited plan extending 36 metres in an easterly direction and there terminating.
Power to deviate
5
Subject to the provisions of this Order, in carrying out the works the trustees may deviate laterally from the lines or situations thereof as shown on the deposited plan to any extent not exceeding the limits of deviation shown on the said plan and may deviate vertically from the levels of the works shown on the deposited sections 1 metre upwards and to any extent downwards as may be found necessary.
Subsidiary works
6
Subject to the provisions of this Order, the trustees may within the limits of deviation from time to time erect, construct, maintain and operate, whether temporarily or permanently, all such subsidiary or incidental works and conveniences as maybe necessary or expedient for the purposes of or in connection with the construction, maintenance and use of the work.
Obstructing works
7
Any person who intentionally obstructs any person acting under the authority of the trustees in setting out the lines of the works, or who moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Works to be deemed part of harbour undertaking
8
The works shall be deemed for all purposes to be part of the harbour undertaking and all byelaws, rules and regulations of the trustees for the time being in force relating to the harbour undertaking shall apply to the works and may be enforced by the trustees accordingly.
Tidal works not to be executed without approval of Secretary of State
9
1
A tidal work shall not be demolished, constructed, renewed or altered except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun or while work is still in progress.
2
If a tidal work is demolished, constructed, renewed or altered in contravention of this Article or of any condition or restriction imposed under this Article–
a
the Secretary of State may by notice in writing require the trustees to remove the tidal work or any part thereof and restore the site to its former condition; and if on the expiration of 30 days from the date when the notice is served upon the trustees they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; or
b
if it appears to the Secretary of State urgently necessary to do so, he may himself remove the tidal work or part of it and restore the site to its former condition;
and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the trustees.
Provision against danger to navigation
10
1
In case of injury to or destruction or decay of a tidal work or any part thereof, the trustees shall forthwith notify the Commissioners of Northern Lighthouses and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as the Commissioners of Northern Lighthouses shall from time to time direct.
2
If the trustees fail to comply in any respect with the provisions of this article, they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Abatement of works abandoned or decayed
11
1
Where a tidal work is abandoned, or suffered to fall into decay, the Secretary of State may by notice in writing require the trustees either to repair and restore the work or any part thereof, or to remove and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.
2
Where a work authorised by this Order and consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work or any portion thereof, in any notice under this article.
3
If, on the expiration of 30 days from the date when a notice under this article is served upon the trustees, they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice and any expenditure incurred by him in so doing shall be recoverable from the trustees as a debt.
Lights on works during construction
12
1
The trustees shall at or near a tidal work during the whole time of the demolition, construction, renewal or alteration thereof exhibit, every night from sunset to sunrise, such lights as will clearly warn seafarers of the presence of that work.
2
If the trustees fail to comply with paragraph (1) above they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Permanent lights on works
13
1
After the completion of a tidal work the trustees shall at the outer extremity thereof every night from sunset to sunrise exhibit such lights, if any, and take such other steps for the prevention of danger to navigation as the Commissioners of Northern Lighthouses shall from time to time direct.
2
If the trustees fail to comply in any respect with a direction given under this article they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Dredged material
14
No materials dredged in the execution of the works shall be deposited below the level of mean high water springs except in such places and in accordance with such conditions and restrictions as may be approved or prescribed by the Secretary of State.
PART III
TEMPORARY CLOSURE OF HARBOUR
Temporary closure of area of works
15
1
For the purpose of carrying out the works the trustees may notwithstanding anything in any enactment (other than this Order)–
a
temporarily close the area of works to vessels by means of one or more coffer dams at such places within the harbours as the trustees shall think fit;
b
dry out the area of works by pumping or otherwise and carry out all such measures and construct or install all such valves, sluices, gates, pipes, channels, aqueducts, pumps and similar works of a temporary nature as may be necessary to convey water entering the area of works into tidal waters.
2
Notwithstanding anything contained in this Order, the area of works shall not be closed to vessels for a period continuous or discontinuous longer than two years.
Removal of vessels from area of works
16
1
Before exercising the power conferred on them by Article 15 (Temporary closure of area of works) of this Order temporarily to close the area of works to vessels the trustees shall–
a
publish a notice of their intention to do so in Lloyd’s List, in the Edinburgh Gazette and once in each of two successive weeks in a local newspaper published or circulating in Peterhead, with an interval between the dates of publication of not less than six clear days;
b
display notice thereof in a conspicuous position in the harbours; and
c
give notice thereof in writing to the Secretary of State.
2
Each of the notices shall–
a
state that the trustees intend temporarily to close the area of works to vessels; and
b
specify a date, which shall be a date not earlier than one month after the date of the latest of the three publications referred to in paragraph (1)(a) above, by which all vessels must be removed from the area of works.
3
If the master of any vessel within the area of works does not remove the same before the date specified in accordance with paragraph 2(b) above, the harbourmaster may cause that vessel to be removed from the area of works and moored or laid in any other place where it may without injury be moored or laid.
4
The trustees may recover as a debt from the owner of any vessel removed as aforesaid all expenses incurred by them in respect of its removal.
5
The powers conferred on the trustees and the harbourmaster by this article shall be in addition to and without prejudice to the powers as to the removal of vessels conferred upon them by sections 64 and 65 of the Act of 1847.
As to vessels entering area of works on or after date of closure
17
If any vessel enters the area of works on or after the date specified in accordance with paragraph (2)(b) of Article 16 (Removal of vessels from area of works) of this Order, and during the period of temporary closure, the harbourmaster may direct the master of such vessel forthwith to remove the vessel from the area of works, and if the master of such vessel does not forthwith comply with such a direction the provisions of paragraphs (3) to (5) inclusive of the said article 15 shall apply to and in respect of such vessel as if such vessel had been within the area of works before the said date.
PART IV
MISCELLANEOUS
For protection of proprietors, lessees and tenants of adjacent properties
18
1
This article shall apply and have effect for the protection, lessee and tenants of proprietors of heritable property adjacent to Work No.1 authorised by this Order.
2
In carrying out any drilling or blasting in the execution of Work No.1 authorised by this Order the trustees shall not–
a
carry out any such drilling or blasting between the hours of 6 o'clock in the afternoon and 8 o'clock in the forenoon of the following day or between the hours of sunset and sunrise or at any time on a Saturday or Sunday;
b
contravene the code of practice for the control of noise approved by the British Standards Institution and numbered BS 5228 or such other code of practice as may from time to time be approved by the said Institution in lieu thereof;
c
cause greater vibration at any heritable property adjacent to the said Work No.1 than vibration of a peak particle velocity of 12.5 millimetres per second.
3
Notwithstanding the powers conferred on the trustees by this Order and without prejudice to any other remedies available, they shall be liable to the said proprietors of heritable property adjacent to Work No.1 authorised by this Order for damage to such heritable property caused by the execution of the said Work No.1.
Crown rights
19
1
Nothing in this Order shall affect prejudicially any estate, right, power, privilege, authority or exemption of the Crown, and in particular without prejudice to the generality of the foregoing nothing herein contained shall authorise the trustees or any licensee of the trustees to take, use, enter upon or in any manner interfere with any land or interest in land or any rights of whatsoever description (including any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary):–
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Commissioners; or
b
belonging to a government department or held in trust for Her Majesty for the purposes of a government department without the consent in writing of that government department.
2
A consent under paragraph (1) above may be given unconditionally or subject to terms and conditions.
Sewel
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
8th May 1998


type: legislation

jurisdiction: UK

text:
Title and commencement
1
This Order may be cited as the Sheep and Goats Spongiform Encephalopathy Order 1998 and shall come into force on 29th July 1998.
Interpretation
2
1
In this Order, unless the context otherwise requires —
“ the Act ” means the Animal Health Act 1981;
“affected animal” means a sheep or goat which is affected with the disease;
“the Commission Decision” means Commission Decision 98/272/ EEC on epidemio-surveillance for transmissible spongiform encephalopathies;
“the disease” means any transmissible spongiform encephalopathy in sheep and goats;
“the Divisional Veterinary Manager” means the veterinary inspector appointed for the time being by the Minister to receive information about affected or suspected animals, or the carcases of such animals, for the area in which such animals or carcases are;
“market” means a market, fairground, sale-yard or any other place where sheep or goats are commonly exposed for sale;
“premises” means any place (including any structure or vehicle) in which sheep or goats may be grazed, handled, held or kept;
“research establishment” means an establishment carrying out research into the disease, including a veterinary investigation centre of the Ministry of Agriculture, Fisheries and Food;
“the Sheep and Goats Regulations ” means the Sheep and Goats Spongiform Encephalopathy Regulations 1998 ;
“suspected animal” means a sheep or goat which is suspected of being affected with the disease; and
“transmissible spongiform encephalopathy” has the same meaning in this Order as in the Commission Decision.
2
For the purposes of the Act in its application to this Order (unless the context otherwise requires) the definition of “animals” in section 87(1) of the Act is hereby extended so as to comprise —
a
any kind of mammal except man; and
b
any kind of four-footed beast which is not a mammal.
3
Any reference in this Order —
a
to a numbered article is a reference to the article bearing that number in this Order; and
b
to a lettered form is a reference to the form bearing that letter in the Schedule to this Order.
Notification of disease in sheep and goats
3
1
A person who has in his possession or under his charge an affected or a suspected animal, or the carcase of such an animal, and any veterinary surgeon or other person who, in the course of his duties, examines or inspects any such animal or carcase shall, with all practicable speed, notify the fact to the Divisional Veterinary Manager.
2
A person who has in his possession or under his charge on any premises an affected or a suspected animal, or the carcase of such an animal, shall, subject to paragraph (3) below, detain it on the premises until it has been examined by a veterinary inspector.
3
Paragraph (2) above shall not apply to an affected or a suspected animal moved from the premises to a veterinary investigation centre of the Ministry of Agriculture, Fisheries and Food in accordance with instructions of the Divisional Veterinary Manager.
4
A person who, in the course of a laboratory examination of the carcase of an affected or suspected animal, reasonably suspects the presence of a transmissible spongiform encephalopathy, shall —
a
with all practicable speed, notify the fact to the Divisional Veterinary Manager;
b
retain the sample examined and the remainder of the carcase until its disposal has been authorised in writing by a veterinary inspector; and
c
if required in writing to do so by a veterinary inspector, surrender any samples, in whatever form, to such an inspector.
5
Paragraph (4) above shall not apply to any transmissible spongiform encephalopathy which has been introduced deliberately into an animal, a carcase or a sample in a laboratory.
Restrictions on movement of, and imposition of requirements relating to, affected or suspected animals
4
1
If, in the course of any investigation under regulation 3 of the Sheep and Goats Regulations, or otherwise, a veterinary inspector is of the opinion that there is an affected or a suspected animal, or the carcase of such an animal, on any premises, he shall serve a notice in Form A on the person appearing to him to be the owner or person in charge of that animal or carcase.
2
On the service of a notice in Form A the requirements contained in that notice shall have effect.
3
Subject to paragraph (4) below, a notice in Form A shall remain in force for a period of 28 days from the date specified in the notice unless —
a
before or on the day on which the notice in Form A was due to expire, it is renewed for a further period of 28 days beginning with the day on which it would otherwise have expired by a further notice in writing served by a veterinary inspector on the owner or person in charge of such animal or carcase; or
b
the animal or carcase to which the notice in Form A relates has been removed from the premises under the authority of a licence issued by a veterinary inspector.
4
Any notice in Form A which has been renewed under paragraph (3)(a) above may be further renewed from time to time by a veterinary inspector in a similar manner and for a similar period.
5
The occupier of any premises, his employees and any person who is or has been in possession or charge of any animal or carcase which is or has been on the premises, shall —
a
provide such reasonable facilities and comply with such reasonable requirements as are necessary for the purposes referred to in paragraph (1) above; and
b
if so required by a veterinary inspector or an officer of the appropriate Minister, give such information as he possesses as to —
i
any animal or carcase which is or has been on the premises;
ii
any other animal or carcase with which any animal or carcase which is or has been on the premises may have come into contact; and
iii
the location and movement of any animal or carcase which is or has been in his possession or charge.
6
A notice in Form A may at any time be withdrawn by a notice in Form B served by a veterinary inspector on the person appearing to him to be the owner or person in charge of the animal or carcase to which the notice in Form A relates.
Restrictions on movement of other sheep and goats
5
1
If a veterinary inspector has reasonable grounds for supposing that the movement from any premises of any sheep or goat, other than an affected or suspected animal, may give rise to the risk of the spread of the disease, he may, by notice in writing served on the person appearing to him to be the owner or person in charge of the animal, prohibit the movement of the animal from the premises, except under the authority of a licence issued by an officer of the appropriate Minister and in accordance with any conditions subject to which the licence is issued.
2
A notice served under paragraph (1) above shall continue in force until withdrawn by a further notice in writing served by a veterinary inspector on the person appearing to him to be the owner or person in charge of the animal to which the notice served under paragraph (1) relates.
Cleansing and disinfection
6
1
A veterinary inspector may serve on the occupier of any premises on which there is or has been an affected or suspected animal, or the carcase of such an animal, a notice requiring him to cleanse and disinfect, at his own expense and in such a manner and within such a period as may be specified in the notice —
a
all or any part of the premises; and
b
any equipment or any other thing used in connection with any such animal or carcase.
2
If any person on whom a notice is served under paragraph (1) above fails to comply with the requirements of the notice, an inspector may, without prejudice to any proceedings arising out of such default, carry out or cause to be carried out the requirements of the notice, and the amount of any expenses reasonably incurred by the inspector in doing so shall be recoverable from the person in default by the appropriate Minister or the local authority, as the case may be.
Application of section 32 of the Act to the disease and notice of intended slaughter
7
1
Section 32 of the Act, which enables the Minister to cause animals to be slaughtered on account of disease, shall apply to the disease.
2
Where the Minister proposes to cause an affected or suspected animal to be slaughtered under the powers conferred on him by section 32 of the Act in its application to the disease, a veterinary inspector shall serve a notice of intended slaughter in Form C on the owner or person in charge of the animal.
Seizure of carcases
8
1
For the purpose of preventing the spread of the disease an inspector may seize, destroy or dispose of any carcase.
2
For the purpose of determining the amount of compensation payable by the Minister under section 36(1)(b) or 36(2) of the Act for a carcase seized under paragraph (1) of this article (being, in accordance with section 36(3) of the Act, its value at the time of seizure) the value of such carcase shall be ascertained in a similar manner to that in which the value of an animal or bird slaughtered, or liable to be slaughtered, under the Act is to be ascertained under the Diseases of Animals (Ascertainment of Compensation) Order 1959 , and as if the references in that Order to an animal or bird included references to a carcase.
3
Compensation shall be paid by the Minister for carcases affected with the disease being carcases seized for the purpose of preventing the spread of the disease.
Production of licences
9
Where an animal or carcase is being moved under the authority of a licence issued under this Order the person in charge of the animal or carcase being so moved shall carry the licence during the authorised movement and shall, on demand made by an inspector or by a member of a police force, produce the licence and allow a copy or extract to be taken, and shall also, on such demand, furnish his name and address.
Offences
10
Any person who, without lawful authority or excuse, proof of which shall lie on him —
a
contravenes or fails to comply with article 3(1), (2) or (4), 4(5) or 9;
b
fails to comply with any notice served under article 4(1), 5(1) or 6(1);
c
fails to comply with any condition of a licence issued under article 4(3)(b) or 5(1); or
d
knowingly causes or permits any such contravention or non-compliance,
commits an offence against the Act.
Enforcement
11
The provisions of this Order shall be executed and enforced by the appropriate Minister.
Amendment of the Specified Diseases (Notification) Order 1996
12
In Part I of Schedule 1 to the Specified Diseases (Notification) Order 1996 (which lists certain diseases to be notified for the purposes of the Act) the disease “Scrapie” shall be omitted.
Jeff Rooker
Minister of State,Ministry of Agriculture, Fisheries and Food
7th July 1998
Sewel
Parliamentary Under Secretary of State, Scottish Office
3rd July 1998
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
6th July 1998


text:
Citation and commencement
1
This Order may be cited as the Lifespan Health Care Cambridge National Health Service Trust (Establishment) Amendment Order 1998 and shall come into force on 2nd April 1998.
Amendment of Establishment Order
2
For Article 3 of the Lifespan Health Care Cambridge National Health Service Trust (Establishment) Order 1992 there shall be substituted the following Article: —
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be —
a
to own and manage pursuant to section 5(1)(a) of the Act the Community Health Services Unit, Chesterton Hospital, Union Lane, Cambridge CB4 1PT and associated hospitals, establishments or facilities, and there to provide hospital accommodation and services and community health services; and
b
to provide and manage pursuant to section 5(1)(b) of the Act Quy Water Farm, Newmarket Road, Fen Ditton, Cambridge CB1 5AT and there to provide community health services.
.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,
Department of Health
1st April 1998


text:
Citation and commencement
1
This Order may be cited as the Local Government Changes (Rent Act Registration Areas) Order 1998 and shall come into force on 1st April 1998.
Amendment of registration areas
2
For the purposes of Part IV of the Rent Act 1977 (registration of rents under regulated tenancies) there shall be —
a
the Cambridgeshire registration area comprising the counties of Cambridgeshire and Peterborough;
b
the Cheshire registration area comprising the counties of Cheshire, Halton and Warrington;
c
the Devon registration area comprising the counties of Devon, Plymouth and Torbay;
d
the Essex registration area comprising the counties of Essex, Southend-on-Sea and Thurrock;
e
the Hereford and Worcester registration area comprising the counties of Herefordshire and Worcestershire;
f
the Kent registration area comprising the counties of Kent and the Medway Towns;
g
the Lancashire registration area comprising the counties of Blackburn, Blackpool and Lancashire;
h
the Nottinghamshire registration area comprising the counties of Nottingham and Nottinghamshire; and
i
the Shropshire registration area comprising the counties of Shropshire and The Wrekin.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
13th January 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Glan Hafren National Health Service Trust (Transfer of Trust Property) Order 1998 and shall come into force on 31st March 1998.
2
In this Order —
“the Authority” means Bro Taf Health Authority;
“the Trust” means Glan Hafren National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 4th June 1996, which schedule has been signed on behalf of the Authority and the Trust.
Transfer of trust property
2
On 31st March 1998 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
6th March 1998


text:
Citation and commencement
1
These Regulations may be cited as the Temporary Traffic Signs (Prescribed Bodies) (England and Wales) Regulations 1998 and shall come into force on 1st March 1998.
Prescribed bodies for the purposes of section 65(3A) of the Road Traffic Regulation Act 1984
2
1
The bodies specified in paragraph (2) of this regulation are hereby prescribed for the purposes of section 65(3A) of the Road Traffic Regulation Act 1984 as bodies appearing to the Secretary of State to be representative of the interests of certain classes of road users.
2
The bodies are —
a
the Automobile Association;
b
the Cyclists' Touring Club; and
c
the Royal Automobile Club.
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
21st January 1998
Signed by authority of the Secretary of State for Wales
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
22 January 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Walsgrave Hospitals National Health Service Trust (Establishment) Amendment Order 1998 and shall come into force on 1st April 1998.
2
In this Order —
“ the Order ” means the Walsgrave Hospitals National Health Service Trust (Establishment) Order 1993 ;
“the trust” means the Walsgrave Hospitals National Health Service trust established by the Order.
Amendment to functions of NHS trust
2
In Article 3(2) of the Order, after the words “Coventry CV2 2DX” there shall be inserted “, the Hospital of St. Cross, Barby Road, Rugby, Warwickshire CV22 5PX, Hollies, Lower Hillmorton Road, Rugby, Warwickshire CV21 3SX and Board Room, Lower Hillmorton Road, Rugby, Warwickshire CV21 3SX”.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State
Department of Health
18th March 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Choice of Medical Practitioner) Regulations 1998 and shall come into force on 1st April 1998.
2
In these Regulations, unless the context otherwise requires —
a
“the 1977 Act ” means the National Health Service Act 1977;
“the 1997 Act ” means the National Health Service (Primary Care) Act 1997 ;
“doctor” means a registered medical practitioner;
“doctor’s list” means a list of a doctor’s patients kept by a Health Authority —
in respect of a doctor providing general medical services, in accordance with regulation 19 of the GMS Regulations , or
in respect of a doctor performing personal medical services in connection with a pilot scheme, in accordance with paragraph 3 of the Directions to Health Authorities Concerning Patient Lists (Personal Medical Services) made under section 6(1) of the 1997 Act;
“the GMS Regulations” means the National Health Service (General Medical Services) Regulations 1992 ;
“medical card” means a card issued by a Health Authority to a person for the purpose of enabling him to obtain, or establishing his title to receive, primary medical services , other than contraceptive services, maternity medical services, child health surveillance services and minor surgery services;
“personal medical services” has the meaning assigned to it in section 1(8) of the 1997 Act;
“pilot scheme provider” means a person, other than a Health Authority, who is a party to a pilot scheme;
“pilot scheme” has the meaning assigned to it in section 1(1) of the 1997 Act;
“pooled list” means a list of persons who have been accepted by a pilot scheme provider for the provision of personal medical services under the pilot scheme, and whose names are not included in a doctor’s list;
“temporary resident” shall be construed in accordance with regulation 7; and
“child health surveillance services”, “contraceptive services”, “maternity medical services” and “minor surgery services” have the meanings respectively assigned to them in the GMS Regulations .
Procedure for choosing a doctor
2
1
Any person who wishes to receive primary medical services may choose the doctor from whom he is to receive those services (being a doctor who provides general medical services or who is primarily responsible for the performance of personal medical services under a pilot scheme ), subject to —
a
the consent of that doctor; and
b
any limit on the maximum number of persons whose names may be included in the doctor’s list of that doctor, imposed by regulation 24 of the GMS Regulations or, as the case may be, directions given under section 28F(3) of the 1977 Act .
2
Subject to paragraph (3), an application for inclusion of a person’s name in a doctor’s list shall be made by delivering to the doctor a medical card or an application signed (in either case) by the applicant or a person authorised by the applicant to sign on his behalf.
3
An application may be made (otherwise than by the doctor concerned) —
a
on behalf of any child —
i
by either parent, or in the absence of both parents, the guardian or other adult person who has the care of the child;
ii
by a person duly authorised by a local authority to whose care the child has been committed under the provisions of the Children Act 1989 ; or
iii
by a person duly authorised by a voluntary organisation by which the child is being accommodated under the provisions of that Act; or
b
on behalf of any adult person who is incapable of making such an application, or authorising such an application to be made on his behalf, by a relative or another adult person who has an interest in the welfare of that person.
Change of doctor
3
1
A person whose name is already included in a doctor’s list, but who wishes to change doctor, may, in accordance with regulation 2, apply to another doctor who provides general medical services or performs personal medical services for inclusion of his name in the doctor’s list of that other doctor.
2
The Health Authority shall give notice in writing of any of the following events to all the persons whose names are included in a doctor’s list —
a
the death of the doctor,
b
the fact that the doctor has ceased to provide general medical services under an arrangement with the Health Authority, otherwise than to enable him to perform personal medical services in the Health Authority’s area;
c
the fact that the doctor has ceased to perform personal medical services in the Health Authority’s area, otherwise than to enable him to provide a general medical services under an arrangement with the Health Authority.
3
Where in any case in which the Health Authority is obliged to give notice under paragraph (2), a successor is appointed to the doctor’s practice under Part III of the GMS Regulations or, as the case may be, a pilot scheme is varied to allow a named doctor to perform personal medical services as a successor to the first-named doctor (and the named doctor will be primarily responsible for the performance of personal medical services under a pilot scheme), the Health Authority shall in writing inform each person whose name is included in the doctor’s list of the doctor who last carried on that practice —
a
of the name of the successor (and, if more than one, of each of them) and of the address of his (or, as the case may be, their) practice premises; and
b
that his name will be deemed to be included in the doctor’s list of a named successor from a specified date and will be transferred to that list at the end of the period of 14 days beginning on that date unless, before the date on which the transfer is to occur, he gives notice in writing to the Health Authority that he does not wish his name to be included in that list.
4
Where no such successor is to be appointed to a practice, the Health Authority shall notify the persons whose names are included in the doctor’s list of the doctor who last carried on that practice of their right to apply to another doctor for acceptance.
Assignment of persons to doctors
4
1
Where —
a
a person whose name is not included in a doctor’s list has been refused acceptance by a doctor for inclusion in his doctor’s list;
b
a person whose name is included in a doctor’s list, but who wishes to change doctor, has been refused acceptance by a doctor for inclusion in his doctor’s list; or
c
a person has applied to a doctor under regulation 7(1) to be accepted by him as a temporary resident and that application has been refused,
he may apply in writing to the Health Authority for assignment to a doctor.
2
On receipt of an application for assignment to a doctor, the Health Authority shall —
a
subject to paragraph (4), assign the applicant to any doctor with whom the Health Authority has made arrangements for the provision of general medical services, and notify the doctor and the applicant accordingly; or
b
require a pilot scheme provider to assign the applicant in accordance with regulation 5 to a doctor who performs personal medical services in connection with a pilot scheme to which the pilot scheme provider is a party.
3
In deciding on the doctor to whom a person should be assigned or, as the case may be, the pilot scheme provider who should be required to make such an assignment, the Health Authority shall have regard to —
a
the respective distances between the person’s residence and the practice premises of the doctors in the part of the Health Authority’s area in question;
b
whether during the period of six months ending on the date on which the application for assignment is received by the Health Authority the person’s name has been removed from the doctor’s list of any doctor in that part of the area at the request of that doctor or, as the case may be, a pilot scheme provider; and
c
such other matters as the Health Authority considers to be relevant.
4
No person may be assigned to a doctor by a Health Authority under this regulation without the consent of the Secretary of State, if the number of persons whose names are already included in the doctor’s list of that doctor is equal to or greater than the maximum prescribed in relation to that doctor by regulation 24 of the GMS Regulations.
5
Where —
a
the Secretary of State refuses his consent for the purposes of paragraph (4); or
b
a pilot scheme provider is unable to comply, in accordance with regulation 5, with a requirement to assign an applicant to a doctor,
and the Health Authority is satisfied, after due enquiry, that the person concerned still wishes to be assigned to a doctor it shall as soon as practicable assign, or require the assignment of, that person to another doctor in accordance with the provisions of this regulation.
6
A doctor to whom a person is assigned under this regulation or regulation 5 shall not be required to provide child health surveillance services, contraceptive services, maternity medical services or minor surgery services for that person, unless —
a
he has accepted him for the provision of such services under the GMS Regulations ; or
b
he is obliged to provide those services to him in connection with a pilot scheme.
7
Where —
a
a doctor has requested the Health Authority to remove a person’s name from his doctor’s list under paragraph 9A of Schedule 2 to the GMS Regulations ; or
b
a pilot scheme provider has requested the Health Authority to remove a person’s name from a doctor’s list or a pooled list under corresponding provisions of a pilot scheme ,
the Health Authority shall take all reasonable steps to assign, or to require the assignment of, the person to another doctor before the end of the working day after the day on which the Health Authority receives notification from the doctor or the pilot scheme provider under paragraph 9A(1) of Schedule 2 to the GMS Regulations or corresponding provisions of a pilot scheme, or as soon as possible thereafter; and the provisions of this regulation shall apply as if the person had applied for an assignment.
8
The Health Authority may exempt from the liability to have persons assigned to him under this regulation any doctor who provides general medical services and who applies to the Health Authority for that purpose.
9
In considering an application under paragraph (8) the Health Authority shall have regard to —
a
the doctor’s age and state of health;
b
the number of persons whose names are included in his doctor’s list; and
c
where the application relates only to a specified person whose name has previously been removed from his doctor’s list, the circumstances of that removal,
and the Health Authority shall notify any such doctor in writing of any decision under this paragraph.
Assignment by a pilot scheme provider
5
1
A pilot scheme provider who is required under regulation 4(2)(b) to assign an applicant to a doctor shall (subject to paragraphs (3), (4) and (5) of this regulation) assign the applicant to a doctor within the period of two days beginning on the day on which he receives notice of the requirement to assign and shall, upon making that assignment, notify —
a
the Health Authority of the name of the doctor to whom the applicant has been assigned; and
b
the doctor of the assignment,
and the Health Authority shall, on receipt of notification under sub-paragraph (a), notify the applicant of the doctor to whom he has been assigned.
2
In deciding on the doctor to whom a person should be assigned, the pilot scheme provider shall have regard to —
a
the respective distances between the person’s residence and the practice premises of the doctors to whom he might assign that person (in this paragraph called “the relevant doctors”);
b
whether within the period of six months ending on the date on which notice of the requirement to assign is received by the pilot scheme provider the person’s name has been removed from the doctor’s list of any of the relevant doctors at the request of the pilot scheme provider; and
c
such other matters as the pilot scheme provider considers to be relevant.
3
No person may be assigned to a doctor under this regulation without the consent of the Secretary of State, if the number of persons whose names are already included in the doctor’s list of that doctor is equal to or greater than any maximum imposed by directions given under section 28F(3) of the 1977 Act.
4
A pilot scheme provider may not assign the applicant to a doctor if that assignment would contravene the terms of the pilot scheme, in particular as to —
a
whether the doctor is to be primarily responsible for the performance of personal medical services; and
b
if so, the maximum number of persons who may be included in his doctor’s list.
5
A pilot scheme provider may seek to assign the applicant to a doctor in a case where the consent of the Secretary of State is required under paragraph (3) only if there is no other doctor to whom he could make an assignment in accordance with this regulation which would not require the consent of the Secretary of State.
6
A pilot scheme provider shall inform the Health Authority forthwith if —
a
he has sought the consent of the Secretary of State for the purposes of paragraph (3) and that consent has been refused; or
b
he is unable to assign the applicant to any doctor without contravening the terms of the pilot scheme,
and shall, in each of those cases, provide personal medical services to the applicant (which provision need not include the services mentioned in regulation 4(6), unless the pilot scheme provider is obliged to provide those services to the applicant in connection with a pilot scheme) for the period of 14 days beginning on the day on which the pilot scheme provider so informs the Health Authority, or if the applicant is accepted by a doctor or another pilot scheme provider or assigned to a doctor within that period, until he is so accepted or assigned.
Representations against assignment or a requirement to assign
6
1
A doctor to whom a person has been assigned by the Health Authority may, within the period of seven days beginning on the day on which he receives notice of the assignment, make representations in writing to the Health Authority against that assignment, but shall remain responsible for the treatment of the person assigned to him, pending notification of the confirmation or revision of the assignment by the Health Authority.
2
A pilot scheme provider who has been required under regulation 4(2)(b) to assign a person to a doctor may, within the period of seven days beginning with the day on which that assignment is made, make representations in writing to the Health Authority against the requirement to assign, but shall remain responsible for providing personal medical services for the person to whom the requirement relates, pending notification of the confirmation or revision of the assignment by the Health Authority.
3
Where representations are made to it against an assignment or, as the case may be, a requirement to assign, the Health Authority shall, subject to paragraph (4), promptly review the decision to assign or to require assignment and shall either confirm or revise it, but no person who participated in making a decision to assign or to require assignment shall participate in a review of that decision.
4
Where representations are made against a decision to assign or require assignment, the Health Authority shall, before confirming or revising that decision, give the doctor or, as the case may be, the pilot scheme provider, the opportunity of an oral hearing in support of those representations.
5
The Health Authority shall, within the period of seven days beginning with the day on which it confirms or revises a decision under paragraph (3), notify the doctor or, as the case may be, the pilot scheme provider, accordingly and the provisions of these Regulations shall apply to any assignment or requirement to assign under a revised decision.
Temporary residents
7
1
A person requiring treatment who is —
a
temporarily residing away from his normal place of residence and is not included in the doctor’s list of a doctor who practises in the vicinity of the place where he is temporarily residing, or a pooled list of doctors who practise in that vicinity; or
b
moving from place to place and not for the time being resident in any place,
may apply to any doctor who provides general medical services or is primarily responsible for the performance of personal medical services under a pilot scheme in the area in which he is temporarily resident, to be accepted by him as a temporary resident.
2
For the purposes of paragraph (1), a person shall be regarded as temporarily resident in a place if, when he arrives in that place, he intends to stay there for more than 24 hours, but not more than three months.
Transfer of doctors between provision of general medical services and performance of personal medical services
8
1
Where a person has chosen a doctor from whom he is to receive general medical services and —
a
his name is included in the doctor’s list of that doctor; or
b
he has been accepted for inclusion of his name in that doctor’s list,
he shall, subject to regulation 3(1) and his right to withdraw from a doctor’s list under regulation 23(1) of the GMS Regulations, continue to be included in the doctor’s list of his chosen doctor notwithstanding that the doctor ceases to provide general medical services, in the circumstances specified in paragraph (2).
2
The circumstances are where the doctor —
a
immediately starts to perform personal medical services in connection with a pilot scheme and one of the parties to that pilot scheme is a Health Authority which previously made arrangements with the doctor for the provision of general medical services; and
b
is primarily responsible for the performance of personal medical services under the pilot scheme.
3
Where a person has chosen a doctor from whom he is to receive personal medical services and —
a
his name is included in the doctor’s list of that doctor; or
b
he has been accepted for inclusion of his name in that doctor’s list,
he shall, subject to regulation 3(1) and his right to withdraw from a doctor’s list under paragrah 7 of the Directions to Health Authorities Concerning Patient Lists (Personal Medical Services) made under section 6(1) of the 1997 Act, continue to be included in the doctor’s list of his chosen doctor notwithstanding that the doctor ceases to perform personal medical services, if the doctor immediately starts to provide general medical services by virtue of an arrangement made with him by the Health Authority which was a party to the pilot scheme in connection with which he previously performed personal medical services.
Frank Dobson
One of Her Majesty’s Principal Secretaries of State,
Department of Health
11th March 1998


text:
1
These Regulations —
a
may be cited as the Education (Grants) (Music, Ballet and Choir Schools) (Amendment) Regulations 1998;
b
shall come into force on 1st September 1998; and
c
shall apply in relation to a school year beginning on or after that date.
2
The Education (Grants) (Music, Ballet and Choir Schools) Regulations 1995 shall be amended as specified in regulations 3 and 4 below.
3
In Schedule 1 —
a
in paragraph 8, in sub-paragraphs (3) and (5), for “£1,230” in each place where it occurs, there shall be substituted “£1,265”,
b
in paragraph 13(2), for “£8,723” there shall be substituted “£8,963”;
c
for the table in paragraph 13(3), there shall be substituted the following table —
TABLE
(1) (2) (3) Part of the relevant income to which specified percentage applies Only aided pupil Each of two aided pupils
That part which exceeds £8,814 but does not exceed £11,126 10% 7.5% That part (if any) which exceeds £11,126 but does not exceed £15,634 20% 15% That part (if any) which exceeds £15,634 12.5% 7.5%
;
d
in paragraph 14 —
i
in sub-paragraph (2), for “£10,972” there shall be substituted “£11,275”, and
ii
in sub-paragraph (3), for “£10,823” there shall be substituted “£11,126”;
e
for paragraph 17(3), there shall be substituted —
3
Subject to sub-paragraph (6), the school shall pay uniform grant to the parents in the case of an aided pupil —
i
who is in his first year at a school as an aided pupil, and
ii
as regards whom the relevant income does not exceed £11,673,
of an amount equal to so much of the parents' clothing expenditure as does not exceed —
a
£179 where the relevant income does not exceed £10,248;
b
£134 where that income exceeds £10,248 but does not exceed £10,725;
c
£87 where that income exceeds £10,725 but does not exceed £11,186; and
d
£45 where that income exceeds £11,186 but does not exceed £11,673.
;
f
for paragraph 17(5), there shall be substituted —
5
Except where sub-paragraph (3) applies, a school shall, subject to sub-paragraph (6), pay uniform grant in the case of an aided pupil as regards whom the relevant income does not exceed £11,186 and in such case the grant shall be of an amount equal to so much of the clothing expenditure (disregarding expenditure in respect of which a previous grant has been paid) as does not exceed —
a
£67 where the relevant income does not exceed £10,414; and
b
£35 where that income exceeds £10,414 but does not exceed £11,186.
; and
g
in paragraph 19 —
i
in sub-paragraph (2)(a), for “£10,148” there shall be substituted “£10,427”, and
ii
in sub-paragraph (2)(b), for “£9,969” there shall be substituted “£10,248”.
4
In the list of choir schools in Schedule 3 —
a
after “Bristol Cathedral School” there shall be inserted “Chetham’s School of Music, Manchester”;
b
after “Pilgrim’s School, Winchester College” there shall be inserted “Polwhele House School, Truro, Cornwall”; and
c
there shall be omitted “St Edward’s College, Liverpool”.
Stephen Byers
Minister of State,
Department for Education and Employment
25th June 1998


text:
Citation and commencement
1
This Order may be cited as the Clackmannanshire (Electoral Arrangements) Order 1998 and shall come into force on 1st January 1999.
Interpretation
2
In the Schedule to this Order–
a
a reference to–
i
an electoral ward is a reference to that electoral ward as constituted in this Order; and
ii
a road, footpath, railway line, river, burn or canal shall, where the context so admits, be construed as a reference to the centre line of the feature concerned; and
b
the following abbreviations are used:–
“EW” for electoral ward;
“NG Ref” for National Grid Reference as published on Ordnance Survey Maps.
Electoral arrangements
3
The area of Clackmannanshire Council shall be divided into 18 wards, having the names, contents and boundaries set forth in the Schedule to this Order.
Henry B McLeish
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
4th December 1998


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


text:
Citation and Commencement
1
These Regulations may be cited as the National Health Service (Proposals for Pilot Schemes) and (Miscellaneous Amendments) Amendment Regulations 1998 and shall come into force on 28th January 1998.
Amendment of the National Health Service (Proposals for Pilot Schemes) and (Miscellaneous Amendments) Regulations 1997
2
1
The National Health Service (Proposals for Pilot Schemes) and (Miscellaneous Amendments) Regulations shall be amended in accordance with the provisions of this regulation.
2
In regulation 2 (requests to authorities for preparation of proposals), for sub-paragraph (b) of paragraph (5) substitute —
b
be received by the authority before the beginning of the period of —
i
28 days which ends on that date in the case of a proposal relating to a pilot scheme under which personal medical services are to be provided, or
ii
two months which ends on that date in the case of a proposal relating to a pilot scheme under which personal dental services are to be provided.
3
In regulation 3 (consultation on proposals), after paragraph (2) add —
3
Where, pursuant to directions given by the Secretary of State under section 4(5) of the 1997 Act, a Local Dental Committee or an Area Dental Committee is, prior to submission of proposals for a pilot scheme, consulted by the authority for whose area the Committee was formed, it shall be a function of the Committee to —
a
consider the effect of the proposals on the provision of general dental services in that area; and
b
in the light of the conclusions which the Committee reaches as a result of that consideration, give advice to the authority about that effect.
Frank Dobson
One of Her Majesty’s Principal Secretaries of State,
Department of Health
6th January 1998


text:
Title and commencement
1
These Regulations may be cited as the Common Agricultural Policy (Wine) (Amendment) Regulations 1998, and shall come into force on 1st April 1998.
Amendment of the Common Agricultural Policy (Wine) Regulations 1996
2
The Common Agricultural Policy (Wine) Regulations 1996 shall be amended in accordance with regulations 3 to 13 of these Regulations.
3
In each of paragraphs (2), (3) and (4) of regulation 11, for the words “Secretary to” there shall be substituted the words “Chief Executive of”.
4
In Schedule 1 (Community provisions), in the items listed below, in each case at the end of the first column, there shall be inserted —
a
in item 13, the words “and by Commission Regulation ( EC ) No. 1351/97 ( OJ No. L186, 16.7.97, p.5)”;
b
in item 14, the words “and by Commission Regulation (EC) No. 1721/97 (OJ No. L242, 4.9.97, p.37)”;
c
in item 15, the words “and by Council Regulation (EC) No. 128/97 (OJ No. L24, 25.1.97, p.2) and by Council Regulation (EC) No. 2612/97 (OJ No. L353, 24.12.97, p.2)”;
d
in item 26, the words “and by Council Regulation (EC) No. 536/97 (OJ No. L83, 25.3.97, p.5) and by Council Regulation (EC) No. 1417/97 (OJ No. L196, 24.7.97, p.10) and by Council Regulation (EC) No. 2087/97 (OJ No. L292, 25.10.97, p.1)”;
e
in item 29, the words “and by Council Regulation (EC) No. 1419/97 (OJ No. L196, 24.7.97, p.13)”;
f
in item 33, the words “and by Council Regulation (EC) No. 2088/97 (OJ No. L292, 25.10.97, p.3)”;
g
in item 34, the words “and by Council Regulation (EC) No. 127/97 (OJ No. L24, 25.1.97, p.1) and by Council Regulation (EC) No. 2611/97 (OJ No. L353, 24.12.97, p.1)”;
h
in item 37, the words “and by Commission Regulation (EC) No. 822/97 (OJ No. L117, 7.5.97, p.10)”;
i
in item 38, the words “and by Commission Regulation (EC) No. 609/97 (OJ No. L93, 8.4.97, p.9) and by Commission Regulation (EC) No. 1472/97 (OJ No. L200, 29.7.97, p.18) and by Commission Regulation (EC) No. 2543/97 (OJ No. L347, 18.12.97, p.24)”;
j
in item 45, the words “and by Council Regulation (EC) No. 1419/97 (OJ No. L196, 24.7.97, p.13)”;
k
in item 56, the words “and as amended by Commission Regulation (EC) No. 225/97 (OJ No. L37, 7.2.97, p.1)”.
5
In Part I (accompanying documents and records) of Schedule 2 (relevant Community provisions), in item 2, in the second column, after the words “and by Regulation 120/96: Article 1” there shall be inserted the words “and by Regulation 127/97: Article 1”.
6
In Part III (description and presentation) of Schedule 2, in item 1, at the end of the second column, there shall be inserted the words “and by Regulation 609/97: Article 1 and by Regulation 1472/97: Article 1”.
7
In Part IV (production and control of planting) of Schedule 2, there shall be inserted —
a
in item 1, at the end of the second column, the words “, and as amended by Regulation 225/97: Article 1”;
b
in item 2, at the end of the first column, the words “and by Regulation 1417/97: Article 1”.
8
In Part V (oenological processes and conditions for release to the market) of Schedule 2, there shall be inserted —
a
in item 9, at the end of the first column, the words “and Regulation 1417/97”;
b
in item 11, at the end of the first column, the words “and Regulation 1417/97 and Regulation 2087/97”;
c
in item 17, at the end of the second column, the words “and Regulation 128/97: Article 1”;
d
in item 19, at the end of the first column, the words “and by Regulation 1419/97: Article 1”;
e
in item 22, at the end of the first column, the words “and by Regulation 1419/97: Article 2”.
9
In Part VIII (Community inspection) of Schedule 2, in item 1, at the end of the second column, there shall be inserted the words “as amended by Regulation 1754/97: Article 1”.
10
In Schedule 3 (list of vine varieties for producing table wine) —
a
the variety “Elbling” shall be deleted;
b
after the variety “Pinot noir” there shall be inserted the variety “Red Elbling”;
c
after the variety “Triomphe” there shall be inserted the variety “White Elbling”.
11
For Part I (specified region of English vineyards) of Schedule 4 (specified regions producing quality wines psr) there shall be substituted the following Part —
PART I
(SPECIFIED REGION OF ENGLISH VINEYARDS)
The counties of —
Bath and North East Somerset
Bedfordshire
Berkshire
Bournemouth
Brighton and Hove
Buckinghamshire
Cambridgeshire
Cheshire
City of Bristol
City of Kingston upon Hull
Cornwall
Darlington
Derby
Derbyshire
Devon
Dorset
Durham
East Riding of Yorkshire
East Sussex
Essex
Gloucestershire
Greater London
Halton
Hampshire
Herefordshire
Hertfordshire
Isle of Wight
Kent
Leicester
Leicestershire
Lincolnshire
Luton
Milton Keynes
Norfolk
North East Lincolnshire
North Lincolnshire
North West Somerset
Northamptonshire
Nottingham
Nottinghamshire
Oxfordshire
Peterborough
Plymouth
Poole
Portsmouth
Rutland
Shropshire
Somerset
South Gloucestershire
South Yorkshire
Southampton
Southend-on-Sea
Staffordshire
Stoke on Trent
Suffolk
Surrey
Thamesdown
the Medway Towns
The Wrekin
Thurrock
Torbay
Warrington
Warwickshire
West Midlands
West Sussex
West Yorkshire
Wiltshire
Worcestershire
.
12
In Part II (specified region of Welsh vineyards) of Schedule 4, for the county “Cardiganshire” there shall be substituted the county “Ceredigion”.
13
In Schedule 5 (list of vine varieties for producing quality wines psr) —
a
the variety “Elbling” shall be deleted;
b
after the variety “Pinot noir” there shall be inserted the variety “Red Elbling”;
c
after the variety “Siegerrebe” there shall be inserted the variety “White Elbling”.
Donoughue
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
25th February 1998
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
25th February 1998


text:
Citation, commencement and interpretation
1
This Order may be cited as the Canterbury and Thanet Community Healthcare National Health Service Trust (Establishment) Amendment Order 1998 and shall come into force on 1st April 1998.
2
In this Order —
“ the Order ” means the Canterbury and Thanet Community Healthcare National Health Service Trust (Establishment) Order 1992 ;
“the trust” means the National Health Service trust established by the Order.
Change of name of NHS trust
2
1
The trust shall be called the East Kent Community National Health Service Trust instead of the Canterbury and Thanet Community Healthcare National Health Service Trust, and accordingly in Article 1 of the Order in the definition of “the trust”, and in Article 2 of the Order, for the words “Canterbury and Thanet Community Healthcare” there shall be substituted the words “East Kent Community”.
2
The change of name under this Order shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name; and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Change of functions of NHS trust
3
For Article 3 of the Order there shall be substituted the following Article —
Nature and functions of the trust
3
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more Health Authorities) shall be —
a
to own and manage pursuant to section 5(1)(a) of the Act St. Martin’s Hospital, Littlebourne Road, Canterbury, Kent, CT1 1TD and associated hospitals, and there to provide hospital accommodation and services; and
b
to manage pursuant to section 5(1)(a) of the Act Trust Headquarters, Littlebourne Road, Canterbury, Kent CT1 1AZ and Ash-Eton, Radnor Park West, Folkestone, Kent CT19 5HL and to own the associated premises, and from there to provide and manage community health services.
.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State
Department of Health
18th March 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income Support (General) (Standard Interest Rate Amendment) (No. 2) Regulations 1998 and shall come into force on 20th December 1998.
2
These Regulations shall have effect in relation to any particular claimant–
a
in a case where income support is paid to the claimant in arrears in accordance with paragraph 7(1)(i) of Schedule 7 to the Claims and Payments Regulations (date when change of circumstances is to take effect)–
i
from the first day of the benefit week which includes 27th December 1998; or
ii
if the claim for income support is for a period beginning after 27th December 1998, from the first day of the first benefit week commencing after 20th December 1998;
b
in a case where income support is paid to the claimant in advance in accordance with paragraph 7(1)(ii) of Schedule 7 to the Claims and Payments Regulations, from the first day of the first benefit week commencing after 27th December 1998,
and for this purpose, the expressions “claimant” and “benefit week ” have the same meanings as in regulation 2(1) of the Income Support Regulations (interpretation).
3
In these Regulations, “the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 1987 and “the Income Support Regulations” means the Income Support (General) Regulations 1987 .
Amendment of Schedule 3 to the Income Support Regulations
2
In paragraph 12(1)(a) of Schedule 3 to the Income Support Regulations (standard rate of interest on qualifying loans), for the words “8.34 per cent.” there shall be substituted the words “8.65 per cent.”.
Revocation of the Income Support (General) (Standard Interest Rate Amendment) Regulations 1998
3
The Income Support (General) (Standard Interest Rate Amendment) Regulations 1998 are hereby revoked save that those Regulations shall continue to have effect until the day before the first day of the benefit week having effect in relation to any particular claimant for the purpose of regulation 1(2) of these Regulations.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
23rd November 1998


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Avon Valley) Designation (Amendment) Order 1998 and shall come into force on 22nd June 1998.
Interpretation
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (Avon Valley) Designation (Amendment) Order 1993 , as amended at the date this Order comes into force.
Amendment of the principal Order
3
The principal Order shall be amended in accordance with the following provisions of this Order.
4
In article 2(1) of the principal Order, the provisions immediately following the words “In this Order — ” to the end of article 2(1), insofar as they were made under section 18 of the Agriculture Act 1986, shall be deleted and the following definitions shall be inserted at their appropriate alphabetical place:
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3;
“buffer strip” means a strip of land which is subject to a prohibition on the use of fertilisers and pesticides, is at least five metres wide and is located at the edge of a field used for the production of arable crops;
“capital activity” means an activity specified in Schedule 1 to this Order;
“conservation plan” means a plan incorporated into an agreement for the carrying out of one or more capital activities within a specified period;
“cultivated land” means land which is regularly ploughed or otherwise cultivated or that is regularly treated with fertilisers;
“extensive permanent grassland” means permanent grassland which is receiving no or only minimal inputs of fertiliser or pesticides;
“farmer” means a person who has an interest in agricultural land in the area designated by article 3 and who has also entered into an agreement with the Minister;
“grassland” means land on which the vegetation consists primarily of grass species;
“grassland management plan” means a plan for the carrying out of certain specific operations, including stock management and fertiliser restrictions, required by the agreement;
“improved permanent grassland” means permanent grassland that is regularly treated with fertilisers and is used for pasture or for the production of hay or silage;
“management activity” means an activity specified in Schedule 2;
“permanent grassland” means grassland which has not been ploughed or reseeded for at least ten years;
“public access route” means a strip of land which is the subject of an agreement and on which access is given to the public;
“relevant date” means 22nd June 1998;
“wet grassland” means grassland with the potential to retain winter and spring water levels at marsh level to create field wetness or to allow shallow pools to develop; and
“woodland” means land used for woodland where that use is ancillary to the farming of land for other agricultural purposes.
.
5
For article 4 of the principal Order and the heading thereto there shall be substituted the following article and heading —
Matters in respect of which payments may be made
4
A payment to be made by the Minister under an agreement may be made in respect of —
a
a capital activity; or
b
a management activity which —
i
in the case of a payment to be made under an agreement entered into before the relevant date, is specified in Part I or Part II of Schedule 2; and
ii
in the case of a payment to be made under an agreement entered into on or after the relevant date, is specified in Part I of Schedule 2.
6
For article 5 of the principal Order and the heading thereto there shall be substituted the following article and heading —
Rates of payment
5
1
Payments to be made by the Minister under an agreement shall not exceed —
a
in the case of a management activity, the rate specified in respect of that activity in column 2 of Schedule 2; and
b
in the case of one or more capital activities included in a conservation plan, £100,000 in aggregate.
2
Any works which form part of an activity which constitutes both a management activity and a capital activity may by virtue of an agreement be eligible for payment either as part of a management activity or as part of a capital activity, but the agreement together with any conservation plan incorporated in it shall not provide for payment to be made on both such bases in respect of the same works.
.
7
For Schedule 1 to the principal Order there shall be substituted the Schedule set out in Schedule 1 to this Order.
8
For Schedule 2 to the principal Order there shall be substituted the Schedule set out in Schedule 2 to this Order.
9
The following provisions of the principal Order shall be deleted —
a
articles 4A and 6; and
b
Schedules 1A, 3 and 4.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
18th May 1998
We consent,
Graham Allen
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
19th May 1998


text:
Citation and commencement
1
This Order may be cited as the Dissolution of the South Warwickshire Health Care National Health Service Trust and the South Warwickshire Mental Health National Health Service Trust Order 1998 and shall come into force on 1st April 1998.
Dissolution of NHS trusts
2
1
The South Warwickshire Health Care National Health Service Trust established by the South Warwickshire Health Care National Health Service Trust (Establishment) Order 1991 is dissolved, and accordingly that Order is revoked.
2
The South Warwickshire Mental Health National Health Service Trust established by the South Warwickshire Mental Health National Health Service Trust (Establishment) Order 1993 is dissolved, and accordingly that Order is revoked.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,
Department of Health
3rd March 1998


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


text:
1
This Order may be cited as the Gifts for Relief in Poor Countries (Designation) Order 1998 and shall come into force on 21st August 1998.
2
The descriptions of countries specified for the purposes of sections 47 and 48 of the Finance Act 1998 are —
a
the countries included in the lists of countries which are eligible for lending by the International Development Association (“the Association”), and by the Association and the International Bank for Reconstruction and Development (“the Bank”), published by the Association and the Bank (under the name of The World Bank) in Appendix 5 to The World Bank Annual Report 1997, under the headings “Countries eligible for IDA funds only” and “Countries eligible for a blend of IBRD and IDA funds”, and
b
any further countries included in those lists as published in The World Bank Annual Reports issued between the date on which this Order is made and 31st December 2000.
Graham Allen
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
31st July 1998