text:
PART I
PRELIMINARY
Citation, commencement and extent
1
1
These Regulations may be cited as the Railways Regulations 1998 and shall come into force on 27th June 1998.
2
With the exception of paragraphs 6 to 8 of Schedule 2, these Regulations do not extend to Northern Ireland.
Revocation and transitional provisions
2
1
The Railways Regulations 1992 and the Railways (Amendment) Regulations 1994 are hereby revoked.
2
The Railways Regulations 1992 and the Railways (Amendment) Regulations 1994 shall continue to have effect in relation to any application for access or transit rights made pursuant thereto prior to their revocation by paragraph (1).
Interpretation
3
1
In these Regulations —
“access and transit rights” or “transit rights” means access and transit rights or transit rights in relation to railway infrastructure;
“the Concessionaires”, “the tunnel system” and “shuttle service” have the same meaning as in the Channel Tunnel Act 1987 ;
“the Council Directives” means Council Directive No. 91/440/ EEC of 29th July 1991 on the development of the Community’s railways , Council Directive No. 95/18/ EC of 19th June 1995 on the licensing of railway undertakings and Council Directive No. 95/19/EC of 19th June 1995 on the allocation of railway infrastructure capacity and the charging of infrastructure fees ;
“ EEA State” means a State which is a Contracting Party to 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 ;
“infrastructure fees” means the fees charged by infrastructure managers pursuant to regulation 7(1);
“international licence” means a licence granted to a railway undertaking pursuant to these Regulations (valid throughout the territory of any EEA State) by which the capacity of the railway undertaking as such is recognised and which authorises the undertaking to provide in and between EEA States such international services or international combined transport goods services as may be specified in the licence;
“the International Rail Regulator” means the officer appointed by the Secretary of State in accordance with regulation 9;
“the Regulator” means the Rail Regulator appointed by the Secretary of State under section 1 of the Railways Act 1993 .
2
Expressions used in these Regulations and in the Council Directives have the meanings given by the Council Directives, except that the definition of “railway infrastructure” shall be taken to include stations within the meaning of Part I of the Railways Act 1993.
3
In these Regulations any reference to —
a
a numbered regulation, Part or schedule is a reference to the regulation, Part or schedule bearing that number in these Regulations;
b
a numbered paragraph is a reference to the paragraph bearing that number in the regulation or schedule in which the reference appears; and
c
a numbered rule is a reference to the rule in Schedule 1 bearing that number.
Scope
4
1
Subject to paragraph (2) these Regulations apply to —
a
the management of railway infrastructure and the allocation of railway infrastructure capacity in Great Britain;
b
the rail transport activities in Great Britain of and the charging of infrastructure fees to railway undertakings established or to be established in an EEA State and international groupings which they form; and
c
the licensing of such undertakings and groupings in respect of international services and international combined transport goods services which they operate.
2
These Regulations do not apply to —
a
railway undertakings whose activities are limited to the operation of urban, suburban or regional services; and
b
the management of the tunnel system and the rail transport activity of the Concessionaires in respect of any shuttle service.
PART II
INFRASTRUCTURE MANAGEMENT
Separation of accounts between transport operations and infrastructure management and prohibition of transfer of state aid
5
Any railway undertaking which is also an infrastructure manager shall —
a
prepare and maintain accounts for business relating to the provision of transport services which are separate from its accounts for business relating to the management of railway infrastructure; and
b
ensure that there is no transfer of state aid granted to the undertaking between the provision of transport services and the management of railway infrastructure.
Balancing infrastructure fees and infrastructure expenditure
6
1
An infrastructure manager shall ensure that, under normal business conditions over a reasonable period of time, the expenditure on railway infrastructure which he incurs does not exceed the income which he receives from infrastructure fees and State contributions.
2
An infrastructure manager may finance the development of railway infrastructure, including the provision or renewal of capital assets, and may make a return on the capital employed in his undertaking.
Calculation of, and rules for the determination of, fees for the use of railway infrastructure
7
1
Infrastructure managers shall charge, and be paid, fees for the use by railway undertakings and international groupings of railway infrastructure for which they are responsible.
2
Infrastructure fees shall be determined so as to avoid any discrimination in the charging for services of an equivalent nature in the same market.
3
Infrastructure fees shall be determined in accordance with the rules in Schedule 1 and, in relation to a fee to be charged under an agreement which is an access contract entered into pursuant to a direction under section 17 or 18 of the Railways Act 1993, it shall fall to the Regulator, in consultation with the infrastructure manager and the person by whom the fee is payable or a person acting on his behalf, to determine the fee in accordance with those rules as if in rules 2, 4 and 5 the references to an amount determined by agreement were references to an amount determined by the Regulator in consultation with those persons.
4
The rules in Schedule 1 apply to the determination of fees on the conclusion, modification or renewal of agreements for the use of railway infrastructure.
Information to be provided by infrastructure managers
8
1
Whenever requested in writing to do so by the International Rail Regulator, an infrastructure manager shall provide him with such information concerning infrastructure fees charged by that infrastructure manager as the International Rail Regulator shall consider necessary to enable him to decide whether or not infrastructure fees are charged on a non-discriminatory basis.
2
An infrastructure manager shall inform in good time railway undertakings using the railway infrastructure operated by that infrastructure manager in order to provide international services and international combined transport goods services of any major changes in the quality or capacity of the railway infrastructure concerned.
International Rail Regulator
9
1
There shall continue to be an officer known as the “International Rail Regulator” appointed by the Secretary of State to perform the functions conferred on him by these Regulations.
2
The Secretary of State shall appoint a person to hold office as the International Rail Regulator.
3
An appointment of a person to hold the office as the International Rail Regulator shall be for a term not exceeding five years, but previous appointment to that office shall not affect eligibility for re-appointment.
4
The Secretary of State may remove a person from office as the International Rail Regulator on the ground of incapacity or misbehaviour.
5
Subject to paragraphs (3) and (4), a person appointed as the International Rail Regulator shall hold and vacate office as such in accordance with the terms of his appointment.
6
The provisions of Schedule 2 shall have effect with respect to the International Rail Regulator.
7
At any time when there is no person holding office as the International Rail Regulator the functions conferred on the holder of that office by these Regulations shall be exercisable by the Secretary of State.
PART III
ACCESS AND TRANSIT MATTERS
Allocation bodies
10
1
The Secretary of State shall, after consulting the International Rail Regulator and such allocation bodies and infrastructure managers as appear to him to be appropriate, designate one or more infrastructure managers to be allocation bodies and specify the classes or descriptions of applications for access or transit rights in respect of which each such manager is to act as the allocation body.
2
As soon as practicable after designating an allocation body pursuant to paragraph (1) the Secretary of State shall procure publication of a notice in the Official Journal of the European Communities containing the following particulars —
a
the name of the allocation body and the address to which applications for the allocation of infrastructure capacity should be sent; and
b
the classes or descriptions of applications for access or transit rights in respect of which the allocation body is to act as such.
3
Any allocation body and any infrastructure manager shall ensure that such capacity is allocated on a fair and non-discriminatory basis.
4
The Secretary of State may give directions to any allocation body or infrastructure manager for the purpose of ensuring that priority in the allocation of infrastructure capacity is given to rail services provided —
a
pursuant to Council Regulation (EEC) No 1191/69 on public service obligations in transport ; or
b
wholly or partly operated on infrastructure constructed or developed for specialised high speed or freight services.
5
Where the Secretary of State has given a direction pursuant to paragraph (4)(a) which imposes a particular allocation of infrastructure capacity in the interests of public service, and which results in an infrastructure manager sustaining financial loss, he shall pay to that manager such compensation in respect of the loss as the Secretary of State thinks fair and reasonable in the circumstances of the case.
6
The Secretary of State may give directions to any allocation body or infrastructure manager requiring the grant of access or transit rights to railway undertakings providing particular types of services or providing services in particular areas if in his opinion the grant of such rights is indispensable to secure the provision of adequate public services, the efficient use of railway infrastructure or the financing of new railway infrastructure.
7
It shall be the duty of any person to whom the Secretary of State gives a direction pursuant to this regulation to comply with and give effect to the direction.
8
Each allocation body and infrastructure manager shall in allocating infrastructure capacity have regard to any guidance issued by the International Rail Regulator after consultation with the Secretary of State.
Allocation of infrastructure capacity: application in Great Britain
11
1
Any international grouping may make an application —
a
in the case of a grouping which includes a railway undertaking established in the United Kingdom, for such access and transit rights, or
b
in the case of any other grouping, for such transit rights,
as may be necessary for the provision of international transport services between the EEA States where the undertakings constituting the grouping are established.
2
Any railway undertaking established or to be established in an EEA State may make an application for the grant of such access and transit rights as may be necessary for the purpose of the operation of international combined transport goods services.
3
Any agreement for the grant of access or transit rights to which paragraph (1) or (2) applies which is entered into otherwise than in pursuance of this Part shall be void.
4
Any application referred to in paragraph (1) or (2) shall be in writing and shall be made to the allocation body designated pursuant to paragraph (1) of regulation 10 in respect of the class or description of application within which the application falls (“the GB allocation body”) whenever the departure point of the service in question is situated in Great Britain.
5
On receipt by the GB allocation body of any such application, that body shall immediately send a copy of the application to any relevant infrastructure manager and to any relevant EEA allocation body.
6
As soon as possible, but in any event no later than one month, after receiving all relevant information relating to such an application any relevant EEA allocation body and any relevant infrastructure manager shall decide whether to grant or to refuse the application and shall immediately inform the GB allocation body of its decision.
7
As soon as possible, but in any event no later than two months, after receiving all relevant information relating to such an application the GB allocation body shall, together with each relevant EEA allocation body and each relevant infrastructure manager, decide whether the application should be granted or refused and shall inform the applicant of the decision.
8
If an application is refused, the GB allocation body shall give to the applicant the reasons for such refusal.
9
Where an application has been refused on the grounds of insufficient capacity, the GB allocation body, any relevant EEA allocation body and any relevant infrastructure manager shall if the applicant so requests reconsider the application on the next occasion that the timetables for the routes concerned are adjusted.
10
The GB allocation body shall on request furnish interested parties with details of the dates of all relevant timetable adjustments and other administrative arrangements as they may reasonably require in connection with any request or proposed request under paragraph (9).
11
The GB allocation body, any relevant EEA allocation body and any relevant infrastructure manager may require the payment of a charge to cover their reasonable costs of dealing with an application.
12
Every international grouping and every railway undertaking to which railway infrastruc ture capacity is allocated in accordance with these Regulations shall conclude an agreement with each relevant infrastructure manager covering the necessary administrative, technical and financial matters to regulate traffic control and safety issues concerning the services to be provided by them.
13
An agreement concluded pursuant to paragraph (12) shall include provision requiring the parties thereto to make such amendments thereto as the International Rail Regulator may direct in order to give effect to any decision he makes on a reference to him under regulation 14.
14
The terms and conditions of an agreement concluded pursuant to paragraph (12) shall not be discriminatory between railway undertakings or between railway undertakings and the infrastructure manager as a provider of rail services.
15
Within fourteen days of the conclusion of an agreement pursuant to paragraph (12) each relevant infrastructure manager shall send a copy thereof to the Regulator and the International Rail Regulator and shall notify the GB allocation body and each relevant EEA allocation body of the conclusion of the agreement.
16
Within twenty one days of receiving a copy of such an agreement the International Rail Regulator shall procure publication of a notice in the Official Journal of the European Communities including the following particulars —
a
the name of the applicant railway undertaking or international grouping;
b
the name of the GB allocation body, each relevant infrastructure manager and relevant EEA allocation body;
c
brief particulars of the access or transit rights granted; and
d
a statement that any railway undertaking aggrieved by the decision of the GB allocation body as given effect by the agreement may by notice in writing refer the matter to the International Rail Regulator.
17
The International Rail Regulator shall if so requested in writing by a railway undertaking which he reasonably considers has an interest in the matter provide to that undertaking such particulars of the agreement as that undertaking may reasonably require, including particulars as to the infrastructure fees payable under the agreement.
18
In making information available pursuant to paragraph (17) the International Rail Regulator shall have regard to the need for excluding, so far as practicable, any particulars of or about the agreement which, if disclosed, would or might in the opinion of the International Rail Regulator seriously and prejudicially affect the interests of any party to the agreement.
19
Any infrastructure manager which grants access or transit rights under this regulation shall so operate its control and safety systems as to take account of the services operated in exercise of such rights.
20
Nothing in this regulation shall be taken to prevent an applicant from making direct contact with any relevant EEA allocation body but, if it does so, it shall so inform the GB allocation body.
21
In this regulation and regulations 12, 13 and 14 —
“EEA allocation body” means an allocation body in an EEA State other than the United Kingdom;
“GB allocation body” has the meaning given by paragraph (4);
“relevant EEA allocation body” means an EEA allocation body which is responsible for the allocation of capacity on railway infrastructure to which the application relates; and
“relevant infrastructure manager” means any infrastructure manager which manages infrastructure in Great Britain to which the application relates (including any allocation body which is also such an infrastructure manager).
Allocation of infrastructure capacity: application outside Great Britain
12
1
On receipt by a GB allocation body from an EEA allocation body of a copy of an application for access or transit rights made to the EEA allocation body, the GB allocation body shall immediately send a copy of the application to any relevant infrastructure manager.
2
As soon as possible but in any event no later than three weeks after receiving all relevant information relating to the application, any such infrastructure manager shall decide whether to grant or to refuse the application in respect of the infrastructure which it manages and shall immediately after making the decision inform the GB allocation body thereof.
3
As soon as possible but in any event no later than one week after being informed of the decision of each relevant infrastructure manager, the GB allocation body shall inform the EEA allocation body of each such decision.
4
If an application for infrastructure capacity is refused, the GB allocation body shall give to the EEA allocation body the reasons for such refusal, and if such an application is granted the GB allocation body shall promptly notify the International Rail Regulator of that decision and provide him with the following particulars —
a
the name of the applicant, railway undertaking or international grouping;
b
the name of the GB allocation body, each relevant infrastructure manager and relevant EEA allocation body; and
c
brief particulars of the access or transit rights granted.
5
Paragraphs (9) to (19) and (21) of regulation 11 shall have effect in relation to applications to which this regulation applies with the following modifications —
a
subject to sub-paragraph (c) references to any relevant EEA allocation body shall be disregarded;
b
in paragraph (9) the reference to the applicant shall be read as a reference to the EEA allocation body acting at the request of the applicant; and
c
in paragraph (15) the reference to each relevant EEA allocation body shall be read as a reference to the EEA allocation body.
Safety certificates
13
1
No railway undertaking or international grouping may exercise access or transit rights contained in an agreement with an infrastructure manager concluded pursuant to regulation 11 or 12 unless the undertaking or grouping has produced to the infrastructure manager a safety certificate.
2
For the purposes of paragraph (1) a safety certificate is any document issued by the Health and Safety Executive confirming that —
a
i
the railway undertaking or international grouping has prepared a safety case under regulation 4 of the Railways (Safety Case) Regulations 1994 in respect of the operation of trains under the agreement;
ii
the safety case has been accepted by the relevant infrastructure controller (as defined in the said regulation 4); and
iii
the Health and Safety Executive is satisfied with the safety case; or
b
the railway undertaking or international grouping is exempt from the said regulation 4 when it operates trains under the agreement.
Appeals in respect of allocation of infrastructure capacity or the charging of fees
14
1
A railway undertaking aggrieved by a decision of the GB allocation body under regulation 11 or 12 for the allocation of railway infrastructure capacity or the charging of infrastructure fees may refer the matter to the International Rail Regulator.
2
In the case of a decision to refuse an application, such notice shall be given by the applicant within twenty one days of being informed of the decision.
3
In the case of a decision to grant an application, such notice shall be given within two months of the publication of the particulars of any agreement made pursuant to the decision in the Official Journal of the European Communities in accordance with paragraph (16) of regulation 11 (including that paragraph as applied by paragraph (5) of regulation 12).
4
Any railway undertaking which refers a decision to the International Rail Regulator under paragraph (1) shall at the same time provide a statement of the reasons why it is aggrieved by the decision.
5
The International Rail Regulator shall, within seven days of receiving such a notice and a statement of reasons, send a copy thereof to the Regulator, the GB allocation body, any relevant EEA allocation body, the relevant infrastructure manager and the international grouping or railway undertaking concerned.
6
Any person notified under paragraph (5) may, within twenty one days of receiving such a copy, make such representations as he considers appropriate to the International Rail Regulator concerning the decision to which the notice relates and the statement of reasons.
7
The International Rail Regulator shall reach a determination on a reference made under this regulation within two months of the date of receiving all relevant information (including any information provided pursuant to paragraph (12)) to enable him to determine the reference.
8
On disposing of a reference under this regulation the International Rail Regulator may decide that the GB allocation body’s decision should stand, be reversed or be modified.
9
Where the decision of the International Rail Regulator requires the modification of any agreement made pursuant to an allocation body’s decision or the grant of rights where an application has been refused he may give such directions as he thinks fit for that purpose and the infrastructure manager and railway undertaking concerned shall be under a duty to comply with and give effect to any such directions.
10
The International Rail Regulator shall not make a decision requiring the grant of rights by an infrastructure manager or the modification of rights granted by an infrastructure manager unless he is satisfied that the grant would not involve the breach by the infrastructure manager of the duty imposed on him by paragraph (3) of regulation 10 or of any direction given by the Secretary of State pursuant to paragraph (4) of that regulation.
11
If on a reference to the International Rail Regulator under the preceding provisions of this regulation a question arises as to any matter which may, in the opinion of the International Rail Regulator, have safety implications, he shall refer the question to the Health and Safety Executive whose opinion on the question shall be taken into account by the International Rail Regulator.
12
It shall be the duty of any railway undertaking, any infrastructure manager and any GB allocation body to provide the International Rail Regulator with such information as he may reasonably require for the purpose of determining a reference to him under this regulation.
PART IV
INTERNATIONAL LICENCES
Prohibition of unlicensed provision of international services
15
1
Subject to paragraph (4) no person may provide international services in Great Britain or international combined transport goods services in Great Britain unless he is authorised to do so by an international licence, and any person who provides such services without such a licence shall be guilty of an offence.
2
Any person who is guilty of an offence under this regulation shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine.
3
No proceedings shall be instituted in England and Wales in respect of an offence under this regulation except by or on behalf of the Secretary of State or the International Rail Regulator.
4
This regulation does not apply to the provision of services to which paragraph (1) applies prior to 28th September 1998 if and to the extent that the operation of railway assets for the purposes of such provision is authorised by a licence granted under Part I of the Railways Act 1993 which was granted before 27th June 1998, but any such licence shall to that extent be revoked on 28th September 1998.
5
In this regulation the expression “international licence” includes a licence granted pursuant to any action taken by an EEA State for the purpose of implementing Council Directive No. 95/18/EC .
Appointment of licensing authority and grant of international licences
16
1
The International Rail Regulator is hereby designated as the person responsible for granting international licences.
2
Subject to and in accordance with these Regulations, the International Rail Regulator shall, on an application in writing made to him by a railway undertaking established in Great Britain in such form and manner as he may from time to time prescribe, grant to that railway undertaking an international licence.
3
An international licence may authorise the provision of services generally or be restricted to particular types of service specified in the licence.
4
Before granting or modifying an international licence the International Rail Regulator shall consult the Health and Safety Executive.
5
An applicant shall submit with his application such application fee as the International Rail Regulator may reasonably require and the information about the applicant referred to in Schedule 3 and at any time after submitting the application such further information as the International Rail Regulator may reasonably require in connection with the application.
6
The applicant shall at the same time as he submits any information about his professional competence to the International Rail Regulator send to the Health and Safety Executive a copy of that information.
7
The International Rail Regulator shall grant an international licence if, and only if, he is satisfied that the applicant will be able at any time to satisfy the requirements referred to in Schedule 3 as to good repute, financial fitness, professional competence and cover for liabilities to third parties.
8
An application for an international licence shall be determined by the International Rail Regulator as soon as possible and in any event within three months of receipt of the information referred to in paragraph (5).
9
In respect of each application for an international licence the International Rail Regulator shall publish at least once in the Official Journal of the European Communities, the London Gazette, the Edinburgh Gazette and in one or more newspapers whose circulation together covers the whole of Great Britain a notice including the following particulars: —
a
a statement that the applicant has made an application for an international licence and the principal address of the International Rail Regulation;
b
the name of the applicant and the address of its registered or principal office; and
c
a summary of the activities which the applicant wishes to carry out pursuant to the international licence
10
The International Rail Regulator shall inform the applicant in writing of his decision and, where he refuses to grant an international licence, the refusal shall state the reasons for his decision.
11
As soon as practicable after granting an international licence the International Rail Regulator shall send a copy of the licence to the Regulator and to the Health and Safety Executive.
12
Any sums received by the International Rail Regulator under this regulation shall be paid into the Consolidated Fund.
13
Schedule 3 shall have effect.
Modification of international licences
17
1
The International Rail Regulator may modify an international licence if the holder of the licence consents to the modification.
2
Before modifying an international licence the International Rail Regulator shall consult the Health and Safety Executive.
3
As soon as practicable after modifying an international licence the International Rail Regulator shall send a copy to the Regulator and to the Health and Safety Executive.
Validity of international licences
18
An international licence shall, unless previously revoked or surrendered in accordance with any provision in these Regulations or the licence, continue in force for as long as the railway undertaking concerned complies with the requirements of these Regulations and any conditions included in the licence.
Monitoring, suspension and revocation of international licences
19
1
If at any time the International Rail Regulator considers that there is serious doubt whether a railway undertaking to which an international licence has been granted complies with a requirement of these Regulations or a condition included in the licence, he may take such steps as are necessary to enable him to determine whether or not the undertaking does so comply.
2
Where the serious doubt of the International Rail Regulator relates wholly or partly to the requirement of professional competence such steps shall include consulting the Health and Safety Executive.
3
If, having taken the steps referred to in paragraph (1), the International Rail Regulator is satisfied that a railway undertaking to which an international licence has been granted does not comply with any such requirement, he shall revoke the licence or suspend it for such period as he thinks fit.
4
The International Rail Regulator shall revoke an international licence if proceedings have been commenced for the winding up of a railway undertaking to which an international licence has been granted on the grounds that the undertaking is unable to pay its debts and he is satisfied that there is no reasonable prospect of satisfactory financial restructuring of the undertaking within a reasonable period of time.
5
Where the International Rail Regulator is satisfied that there is serious doubt whether a railway undertaking to which an international licence has been granted by a licensing authority other than himself complies with any requirement of Council Directive No. 95/18/EC he shall without delay so notify that licensing authority.
6
Where the International Rail Regulator has suspended or revoked an international licence solely on the grounds of the non-compliance by the railway undertaking with the requirements of financial fitness specified in Schedule 3, but he considers that there is a realistic prospect of a satisfactory financial restructuring of the undertaking taking place within a reasonable period of time, he may grant to the undertaking a temporary international licence pending such financial restructuring.
7
A temporary international licence granted under paragraph (6) shall not be granted where the International Rail Regulator after consultation with the Health and Safety Executive considers that safety would be jeopardised.
8
A temporary international licence granted under paragraph (6) shall not be granted for a period exceeding six months.
9
Where a railway undertaking to which an international licence has been granted has either ceased the operations to which the licence relates or has not commenced such operations within six months of the date of such grant then the International Rail Regulator may either require the railway undertaking to resubmit its licence to him for approval or suspend the licence.
10
Where the International Rail Regulator has required a railway undertaking to resubmit its international licence in pursuance of paragraph (9) on the grounds that the railway undertaking has not commenced such operations the railway undertaking shall be entitled to request that a period longer than the six months be granted in which it can commence operations. In considering such a request the International Rail Regulator shall take account of the specific nature of the services to be provided by the railway undertaking under the international licence.
11
In the event of a change to a railway undertaking’s legal situation, in particular following a change in the control or ownership of the railway undertaking as a result of a merger with or take-over by another undertaking, the International Rail Regulator may require the railway undertaking to resubmit its licence to him for review. The railway undertaking may continue operations while its licence is under review unless the International Rail Regulator is satisfied after consultation with the Health and Safety Executive that safety is jeopardised by the change and so notifies the undertaking.
12
When a railway undertaking intends significantly to change or extend its activities from those in respect of which a licence was granted to it, the railway undertaking shall resubmit its licence to the International Rail Regulator for review.
13
When the International Rail Regulator suspends, revokes or amends an international licence in accordance with this regulation he shall forthwith inform the Commission of such amendment, revocation or suspension.
Conditions of international licences
20
1
An international licence shall include conditions requiring the licence holder to satisfy requirements as to the good repute, financial fitness, professional competence and cover for liabilities to third parties of the licence holder, including those requirements specified in Schedule 3, and may include conditions —
a
requiring the licence holder to submit to a review of its licence at least every five years during the currency of the licence;
b
concerning the suspension or revocation of the licence.
2
Without prejudice to the generality of paragraph (1) licence conditions may require the licence holder to make a payment to the International Rail Regulator on the grant of the licence and to make such further payments during the currency of the licence, the amount or amounts to be determined by the International Rail Regulator.
3
Any sums received by the International Rail Regulator under paragraph (2) shall be paid into the Consolidated Fund.
PART V
MISCELLANEOUS
Amendment of Railways Act 1993
21
1
The Railways Act 1993 shall be amended in accordance with the following provisions of this regulation.
2
After subsection (1) insert —
1A
This section does not apply to a person who acts as the operator of a railway asset to the extent that the asset is operated for the purpose of providing international services
.
3
In subsection (2) of that section, before the definition of “operator”, insert the following definitions —
“international licence” means a licence granted pursuant to a provision contained in subordinate legislation made for the purpose of implementing the Directive of the Council of the European Union dated 19th June 1995 on the licensing of railway undertakings or pursuant to any action taken by an EEA State for that purpose;
and
“international services” means services the provision of which requires an international licence;
.
4
After subsection (2) of section 6 there shall be inserted the following subsection —
2A
In subsection (2) above “EEA State” means a State which is a Contracting Party to 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;
.
5
In subsection (1) of section 17 delete the word “or” after paragraph (b) and after paragraph (c) insert “or” followed by —
d
the permission to use a railway facility to which the application relates could be applied for under subordinate legislation made for the purpose of implementing Council Directive 95/19/EC on the allocation of railway infrastructure capacity and the charging of infrastructure fees.
.
6
In subsection (7) of section 17 for the definition of “the Directive” substitute the following definition —
“the Directives” mean Council Directive No. 91/440/EEC on the development of the Community’s railways and Council Directive No. 95/19/EC on the allocation of railway infrastructure capacity and the charging of infrastructure fees;
.
7
In that subsection, in the definition of “implementing regulation” substitute “the Directives” for “the Directive” in both places.
8
In that subsection, in the definition of “international railway access contract” —
a
substitute “the Directives” for “the Directive” in both places;
b
substitute “allocation body” for “infrastructure manager” in both places; and
c
delete “other than the United Kingdom”.
9
In subsection (1) of section 83, after the definition of “installation owner”, insert —
“international licence” has the meaning given by section 6(2) above;
.
10
In subsection (2) of section 145, at the end of paragraph (g) insert —
or Council Directive 95/18/EC on the licensing of railway undertakings or Council Directive 95/19/EC on the allocation of railway infrastructure capacity and the charging of infrastructure fees
.
Statutory authority to run trains
22
Any international grouping or railway undertaking granted access or transit rights under these Regulations shall, if and to the extent that it would not, apart from this regulation, have statutory authority to run trains over any track in exercise of such rights, be taken to have statutory authority to do so.
International groupings and railway undertakings granted access or transit rights not to be common carriers
23
International groupings and railway undertakings granted access or transit rights under these Regulations shall not in relation to the provision of international services in exercise of those rights be regarded as common carriers by railway.
Application of enactments concerning railways
24
Paragraphs 2 (disapplication of enactments in the case of Concessionaires and through service operators), 3 (extension of enactments in relation to through service operators) and 4 (modification of enactments applying to Concessionaires and through service operators) of Schedule 6 to the Channel Tunnel Act 1987 shall apply to international groupings and railway undertakings, other than the Concessionaires and the British Railways Board, in relation to the provision of international services in exercise of access or transit rights under these Regulations who are not through service operators within the meaning of that Schedule as they apply to those who are.
International groupings
25
In the event of a contravention of, or a refusal or failure to comply with, a requirement or prohibition imposed by these Regulations on an international grouping —
a
where the contravention, or refusal or failure to comply would be an offence under these Regulations or under the Health and Safety at Work, etc. Act 1974 each railway undertaking comprised in the grouping shall be guilty of the offence and liable to be proceeded against and punished accordingly; and
b
where a civil remedy would be available to any person in respect of any loss, damage or injury caused by the contravention, or refusal or failure to comply, each railway undertaking comprised in the grouping shall be jointly and severally liable in respect of such loss, damage or injury.
Civil proceedings
26
1
The obligation to comply with regulation 5, paragraph (1) of regulation 6, paragraph (2) of regulation 7, paragraph (2) of regulation 8, paragraph (3) of regulation 10, or paragraphs (12) and (14) of regulation 11 (including those paragraphs as applied by paragraph (5) of regulation 12), a decision under paragraph (8) or direction under paragraph (9) of regulation 14, or the rules specified in Schedule 1 shall be a duty owed to any person who may be affected by a breach of that duty and shall be actionable by any such person who sustains loss, damage or injury caused by the breach at the suit or instance of that person.
2
In any proceedings brought against an allocation body, infrastructure manager, international grouping or railway undertaking in pursuance of paragraph (1), it shall be defence for it to prove that it took all reasonable steps and exercised all due diligence to avoid the breach of duty.
3
Without prejudice to the right which any person may have by virtue of paragraph (1) to bring civil proceedings in respect of any breach of duty, the obligation to comply shall be enforceable by civil proceedings by the International Rail Regulator for an injunction or for interdict or any other relief.
Making of false statements etc.
27
1
If any person, in giving any information or making any application under or for the purposes of any provision of these Regulations, makes any statement which he knows to be false in a material particular, he is guilty of an offence and shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine.
2
No proceedings shall be instituted in England or Wales in respect of an offence under this regulation except by or with the consent of the Secretary of State or the Director of Public Prosecutions.
Offences by bodies corporate and Scottish partnerships
28
1
Where an offence under these Regulations has been committed by a body corporate and it is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and be liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, paragraph (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
3
Where a Scottish partnership is guilty of an offence under these Regulations in Scotland and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Restrictions on disclosure of information
29
Section 145 of the Railways Act 1993 shall have effect in relation to information which has been obtained under or by virtue of any provision of these Regulations and which relates to the affairs of any individual or to any particular business as it has effect in relation to such information obtained under or by virtue of any of the provisions of that Act.
Offences outside the United Kingdom
30
1
For the purpose of determining whether a breach of the duty imposed by regulation 5 has occurred, it is immaterial that the relevant acts or omissions occurred outside the United Kingdom if, when they occurred, the person —
a
was a United Kingdom national, or
b
was a body incorporated under the law of any part of the United Kingdom, or
c
was a person (other than a United Kingdom national or such a body) maintaining a place of business in the United Kingdom.
2
In this regulation “United Kingdom national” means an individual who is —
a
a British citizen, a British Dependent Territories citizen, a British National (Overseas) or a British Overseas citizen;
b
a person who under the British Nationality Act 1981 is a British subject, or
c
a British protected person (within the meaning of that Act).
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Glenda Jackson
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
30th May 1998


type: legislation

jurisdiction: UK

text:
Commencement and citation
1
This Order may be cited as The A205 Trunk Road (Greenwich) Red Route Traffic Order 1998, and shall come into force on 6th March 1998.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column 2 of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
h
“bus” has the meaning given by regulation 22(2) of the Traffic Signs Regulations and General Directions 1994 .
i
“bus stop” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stop”.
j
“bus stand” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stand”.
k
“London Regional Transport” has the meaning given by the London Regional Transport Act 1984 .
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Buses: The controls specified in article 3(1) do not apply in respect of a person causing a bus to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing:
a
a bus to stop at a bus stop for as long as may be required to enable passengers to board or alight; or
b
a bus to stop at a bus stop or a bus stand and being used for operational reasons in the course of providing a London bus service (as defined in section 34 of the Transport Act 1985 under an agreement with London Regional Transport or training drivers to allow such a service to be provided.
2
In this article “operational reasons” means;
i
to enable passengers to board and alight;
ii
to enable crew changes to take place;
iii
to maintain the scheduled timetable subject, in the case of a bus stop, to a maximum wait of two minutes.
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is:
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
10
1
Subject to paragraph (2) of this article, The London Borough of Greenwich (Waiting and Loading Restriction) Order 1994 and The A205 Trunk Road (Greenwich) Red Route Experimental Traffic Order 1997 are hereby revoked, in so far as their provisions relate to any part of the trunk road red route.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
20th February 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Welsh Ambulance Services National Health Service Trust (Establishment) Order 1998 and shall come into force on 1st April 1998.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means Welsh Ambulance Services 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 Welsh Ambulance Services National Health Service Trust or Ymddiriedolaeth Gwasanaeth Iechyd Gwladol Gwasanaethau Ambiwlans Cymru.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions shall be —
a
to manage ambulance and associated transport services;
b
to manage such other services (including communications and training) relating to the provision of care as can reasonably be carried out in conjunction with the management of ambulance and associated transport services from Ambulance Headquarters at —
i
Caerleon House, Mamhilad Park Estate, Pontypool, NP4 OXF;
ii
HM Stanley Hospital, St Asaph, LL17 OWA;
iii
Cefn Coed Hospital, Cockett, Swansea, SA2 OGP; and
iv
East Glamorgan General Hospital, Church Village, Pontypridd, CF38 1BS;
c
to own the premises associated with the provision of the services in paragraphs (a) and (b).
Directors of the trust
4
The trust shall have, in addition to the chairman, five non-executive directors and five executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1998.
2
The accounting date of the trust shall be 31st March.
Restriction on disposal of assets
6
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
26th February 1998


text:
Citation and interpretation
1
1
This Order may be cited as the Teaching and Higher Education Act 1998 (Commencement No. 3) Order 1998.
2
In this Order–
“the 1988 Act ” means the Education Reform Act 1988 ; and
“the 1998 Act ” means the Teaching and Higher Education Act 1998.
Provisions coming into force
2
The following provisions of the 1998 Act shall come into force on 1st October 1998:
section 1(1), to the extent that it defines the “the Council” but not so as to establish the General Teaching Council for England as a body;
section 1(2) to (10);
section 8;
section 16;
section 17;
section 19(1) to (8) and 10(b) and (c);
section 20;
section 21;
section 34;
section 35;
section 40;
section 41;
section 44(1), to the extent that it relates to the provisions of Schedule 3 specified below;
section 44(2), to the extent that it relates to the provisions of Schedule 4 specified below;
Schedule 1;
in Schedule 3–
paragraph 5;
paragraph 6;
paragraph 7;
paragraph 8;
paragraph 9; and
paragraph 15;
in Schedule 4, the repeal of–
in section 218(1)(c) of the 1988 Act, the words “schools and”; and
in section 232(6) of the 1988 Act, the words “other than section 218(1)(b) or (c), (5) or (6)”.
3
Section 19(9) and (10)(a) of the 1998 Act shall come into force on 1st April 1999.
Charles Clarke
Parliamentary Under Secretary of State,
Department for Education and Employment
3rd September 1998


text:
Citation and commencement
1
This Order may be cited as the East Brighton Education Action Zone Order 1998 and shall come into force on 1st January 1999.
Interpretation
2
In this Order–
“partners” means those persons listed in Schedule 1 to this Order; and
“zone school” means a school listed in Schedule 2 to this Order.
Constitution of education action zone
3
The schools listed in Schedule 2 to this Order shall constitute collectively an education action zone under the name of the East Brighton Education Action Zone (“the zone”) for the purposes of Chapter III of Part I of the School Standards and Framework Act 1998.
4
There shall be an Education Action Forum for the zone to be known as the East Brighton Education Action Forum, the membership of which shall include–
a
one person appointed by the governing body of each zone school, unless any such governing body chooses not to make such an appointment;
b
either one or two persons appointed by the Secretary of State; and
c
one person appointed by each partner, unless any partner chooses not to make such an appointment.
5
1
The Forum may at any time appoint–
a
up to 4 additional members from persons appearing to them to represent local businesses in Brighton and Hove;
b
either one or two additional members from persons appearing to them to represent the further or higher education sectors (within the meaning of, respectively, section 91(3) and (5) of the Further and Higher Education Act 1992 ) in the area served by the zone schools;
c
up to 4 additional members from persons appearing to them to represent the voluntary, community and charitable sectors and other non-business sectors in the area served by the zone schools;
d
either one or two additional members from persons appearing to them to represent the health sector in the area served by the zone schools;
e
one additional member who is an officer in Brighton and Hove Social Services Department;
f
one additional member who is an officer in the Sussex police;
g
up to 3 additional members from persons who are elected members of the education committee of the Council of Brighton and Hove;
h
one additional member being the Director of Educational Services of the Council of Brighton and Hove;
i
up to 5 additional members from persons appearing to them to represent parents in the area served by the zone schools;
j
up to 3 additional members from persons appearing to them to represent the teachers' and support staffs' professional associations;
k
one member from persons appearing to them to represent arts organisations working in partnership in the zone; and
l
up to 3 additional members appointed at any time when it appears to the Forum that their membership will further the objects of the zone,
provided that the total number of the additional members appointed under this article shall not exceed 25.
2
Any additional member appointed under sub-paragraph (e), (f) or (h) of paragraph (1) shall cease to hold office as a member of the Forum if he ceases to be an officer or hold the office as mentioned in the appropriate sub-paragraph.
3
Any additional member appointed under sub-paragraph (g) of paragraph (1) shall cease to hold office as a member of the Forum if he ceases to be a member of the education committee of the Council of Brighton and Hove.
Disqualification from membership of the Forum
6
Articles 7 and 9 shall have effect for the purpose of prescribing the circumstances and cases in which a person is to be disqualified for holding, or continuing to hold, office as a member of the Forum.
Disqualification from membership of Forum — bankruptcy etc
7
1
Subject to the provisions of this regulation, a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if he has been adjudged bankrupt or has made a composition or arrangement with his creditors; and a member, on becoming so disqualified, shall give written notice of the fact to the secretary to the Forum.
2
Where a person is disqualified by reason of his having been adjudged bankrupt, that disqualification shall cease–
a
unless the bankruptcy order made against that person is previously annulled, on his discharge from bankruptcy; and
b
if the bankruptcy order is so annulled, on the date of the annulment.
3
Where a person is disqualified by reason of his having made a composition or arrangement with his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed and in any other case it shall cease on the expiration of three years from the date on which the terms of the deed of composition or arrangement are fulfilled.
Disqualification from membership of Forum — criminal convictions
8
1
Subject to paragraph (2) a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if–
a
within five years before his appointment would otherwise have taken effect or since his appointment, he has been convicted, whether in the United Kingdom or elsewhere, of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;
b
within twenty years before his appointment would otherwise have taken effect, he has been convicted as aforesaid and has had passed on him a sentence of imprisonment for a period of more than two and a half years; or
c
he has at any time been convicted as aforesaid and has had passed on him a sentence of imprisonment of not less than five years.
2
For the purposes of this regulation there shall be disregarded any conviction by or before a court outside the United Kingdom of an offence in respect of conduct which, if it had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom.
Disqualification — absence from meetings
9
Any member of the Forum who, without the consent of the Forum has failed to attend the meetings thereof for a continuous period of six months beginning with the date of a meeting shall, on the expiry of that period, be disqualified for continuing to be a member of the Forum without prejudice however, to his re-appointment.
Chairman’s tenure of office
10
The chairman of the Forum elected in accordance with paragraph 2 of Schedule 1 to the Act, shall hold office for one year from the date of his election (unless he resigns his office earlier), without prejudice to his eligibility to be re-elected for a further period of one year.
Estelle Morris
Minister of State,
Department for Education and Employment
3rd December 1998


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Authorised Weight) Regulations 1998 and shall come into force on 1st January 1999.
Interpretation
2
1
In these Regulations–
“the 1986 Regulations ” means the Road Vehicles (Construction and Use) Regulations 1986 ;
“articulated bus or coach” means a single vehicle which is a bus or coach consisting of 2 or more rigid sections which–
articulate relative to one another;
are intercommunicating so that passengers can move freely between them; and
are permanently connected so that they can only be separated by an operation using facilities normally found only in a workshop;
“articulated vehicle” means a tractor unit to which a semi-trailer is attached;
“axle weight” means the sum of the weights transmitted to the road surface by all the wheels of an axle, and for the purpose of calculating axle weight the 2 axles comprised in a tandem axle and all the axles comprised in a triaxle shall be treated as one axle;
“centre-axle trailer” means a trailer having only a single axle or group of axles which is positioned at or close to the centre of gravity so that, when the trailer is uniformly loaded, the static vertical load transmitted to the towing vehicle does not exceed 10 per cent of the maximum authorised weight for the axle or group of axles or 1000 kg , whichever is the less;
“kg” means kilograms;
“ m ” means metres;
“maximum authorised weight” in relation to a vehicle, vehicle combination or axle means the maximum authorised weight for the vehicle, vehicle combination or axle determined in accordance with these Regulations;
“rigid motor vehicle” means a motor vehicle which is not a tractor unit or an articulated bus;
“road friendly suspension” means a suspension system whereby at least 75 per cent of the spring effect is produced by air or other compressible fluid under pressure or suspension recognised as being equivalent within the Community as defined in Annex II of Council Directive 96/53/ EC ;
“semi-trailer” means a trailer which is constructed or adapted to be drawn by a tractor unit and includes a vehicle which is not itself a motor vehicle but has some or all of its wheels driven by the drawing vehicle;
“steering axle” means an axle that can be positively steered by the action of the driver;
“tandem axle” means a group of 2 axles not more than 2.5m apart so linked together that the load applied to one axle is applied to the other; references to a “driving tandem axle” include a tandem axle where either or both the axles comprising the tandem axle are driven and references to a “non-driving tandem axle” are to a tandem axle where neither of the axles comprising it is driven;
“tractor unit” means a motor vehicle by which a trailer partially superimposed on it may be drawn so that, when the trailer is fully loaded, not less than 20 per cent of its load is borne by the drawing vehicle;
“triaxle” means–
a group of 3 axles in which no axle is more than 3.25m apart from any other axle; or
a group of more than 3 axles in which no axle is more than 4.6m from any other axle,
and in either case so linked together that the load applied to one axle is transferred to both or all the others; and
“vehicle combination” means an articulated vehicle or a rigid motor vehicle drawing a trailer.
2
For the purposes of these Regulations the distance between any 2 axles of a vehicle or vehicle combination shall be taken to be the shortest distance between the line joining the centres of the areas of contact with the road surface of the wheels of one axle and the line joining the centres of the areas of contact with the road surface of the wheels of the other axle.
3
In these Regulations, except where otherwise specified,–
a
a reference to a numbered regulation is a reference to the regulation in these Regulations so numbered;
b
a reference to a numbered paragraph is a reference to the paragraph so numbered in the regulation or the Schedule in which the reference occurs;
c
a reference to a numbered sub-paragraph is a reference to the sub-paragraph so numbered in the paragraph in which the reference occurs; and
d
a reference to a numbered Schedule is a reference to the Schedule to these Regulations so numbered.
Application of Regulations
3
These Regulations apply to all wheeled motor vehicles and trailers which fall within category M 2 , M 3 , N 2 , N 3 , O 3 or O 4 of the vehicle categories defined in Annex II of Directive 70/156/ EEC as substituted by Directive 92/53/EC except vehicle combinations which for the time being fulfil the requirements of Part II, III or IIIA of Schedule 11A to the 1986 Regulations (exemptions relating to combined transport operations).
Maximum authorised weights
4
1
Subject to paragraph (2) and regulation 5, no vehicle to which these Regulations apply and which is of a description specified in a Schedule to these Regulations shall be used on a road if–
a
the weight of the vehicle exceeds the maximum authorised weight for the vehicle determined in accordance with Schedule 1;
b
where the vehicle is used as part of a vehicle combination, the weight of the combination exceeds the maximum authorised weight for the combination determined in accordance with Schedule 2; or
c
the axle weight of any axle of the vehicle exceeds the maximum authorised axle weight for that axle determined in accordance with Schedule 3.
2
A vehicle to which any of the provisions of regulations 75 to 79 of the 1986 Regulations apply, so long as it is so used that those provisions are complied with, shall be taken to comply with these Regulations.
Saving for regulation 80 of the 1986 Regulations (over-riding weight restrictions)
5
Nothing in these Regulations shall prejudice or affect regulation 80 of the 1986 Regulations and a person using or permitting a vehicle to be used contrary to the provisions of that regulation commits an offence even if the weights authorised by these Regulations are not exceeded.
Signed by authority of the Secretary of State
Larry Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
11th December 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Bath and North East Somerset (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 the day after that on which it is made.
3
In this Order–
“the district” means the district of Bath and North East Somerset;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions, marked “Map of the District of Bath and North East Somerset (Electoral Changes) Order 1998”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of Bath and North East Somerset
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into 37 wards which shall bear the names set out in column (1) of tthe Schedule.
3
The wards shall comprise the areas described in column (2) of the Schedule by reference to the parishes or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of that ward in column (3) of 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 town of Keynsham
3
1
The existing wards of the town of Keynsham shall be abolished.
2
The town shall be divided into three wards which shall bear the names Keynsham North, Keynsham East and Keynsham South and each parish ward shall comprise the area of the ward of the district bearing the same name.
3
The number of councillors for each parish ward shall be five.
Wards of the town of Norton-Radstock
4
1
The existing wards of the town of Norton-Radstock shall be abolished.
2
The town shall be divided into four wards which shall bear the names Radstock, Westfield, Midsomer Norton North and Midsomer Norton Redfield and each ward shall comprise the area of the ward of the district bearing the same name.
3
The number of councillors to be elected for each of the Radstock and Westfield parish wards shall be four and for both of the Midsomer Norton North and Midsomer Norton Redfield parish wards shall be three.
Number of parish councillors
5
The number of councillors to be elected for Englishcombe parish shall be seven.
Revocations
6
1
In the Avon (Structural Change) Order 1995 article 9(2) and Schedule 1 and so much of article 9(1) as relates to the council of the district are hereby revoked.
2
The City of Bath (Electoral Arrangements) Order 1975 and the District of Wansbeck (Electoral Arrangements) Order 1975 are hereby revoked.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
3rd November 1998


text:
1
This Order may be cited as the Public Telecommunication System Designation (Stentor Communications Limited) Order 1998 and shall come into force on 5th October 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
1st September 1998


text:
1
This Order shall come into force on 30th October 1998 and may be cited as the A417 Trunk Road (Daglingworth Quarry Junction) (Detrunking) Order 1998.
2
In this Order:–
1
All measurements of distance are measured along the route of the relevant highway;
2
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State which does not specifically refer to their classification as principal roads;
ii
“the plan” means the plan numbered HA 10/PS/207 marked “The A417 Trunk Road (Daglingworth Quarry Junction) (Detrunking) Order 1998”, signed by the Secretary of State and deposited at the Highways Agency, Room 5/46A, St Christopher House, London SE1 0TE;
iii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iv
“the trunk road” means the A417 Trunk Road.
3
The length of trunk road described in the Schedule to this Order and shown by broad striped hatching on the plan given the reference letter “A” shall cease to be a trunk road and shall be classified as a classified road from the date when this Order comes into force.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
S.G. Rowsell
Divisional Director, Highways Agency
6th October 1998


text:
1
This Order may be cited as the Agriculture Act 1986 (Commencement No. 6) Order 1998.
2
The day appointed for the coming into force of —
a
section 8(4) of the Agriculture Act 1986 (substitution of new paragraph 5 of Schedule 1 to the Agricultural Marketing Act 1983 );
b
section 8(5) of the Agriculture Act 1986 and the repeal consequential thereon (repeal of certain words in paragraph 6 of the said Schedule 1); and
c
section 8(6) of the Agriculture Act 1986 and the repeals consequential thereon (repeal of certain words in paragraph 11(2) of the said Schedule 1);
shall be 1st April 1998.
Donoughue
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
16th March 1998
Sewel
Parliamentary Under-Secretary of State, Scottish Office
17th March 1998
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under-Secretary of State, Welsh Office
17th March 1998
Dubs
Parliamentary Under-Secretary of State, Northern Ireland Office
19th March 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Ellesmere Port & Neston (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 the day after that on which it is made.
3
In this Order–
“the borough” means the borough of Ellesmere Port & Neston;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the Borough of Ellesmere Port & Neston (Electoral Changes) Order 1998”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of Ellesmere Port & Neston
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into nineteen wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas 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 (2) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or similar geographical feature, it shall be treated as running along the centre of the feature.
Elections of the council of Ellesmere Port & Neston
3
1
Subject to the following provisions of this article, the election of councillors for wards of the borough shall be by thirds.
2
Elections of all councillors for wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 1999 .
3
The councillors holding office for any ward in the borough immediately before 10th May 1999 shall retire on that date and the newly elected councillors for any such ward shall come into office on that date.
4
The order of retirement of councillors shall be as set out in Schedule 2.
5
Where the number of councillors elected in 1999 for any ward of the borough is two or more–
a
the first to retire shall, subject to paragraphs (6) and (7) below, be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
6
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
7
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
8
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
9
Except as otherwise provided in the foregoing paragraphs of this article, the term of office of councillors shall be four years and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly elected councillors shall come into office on the day on which their predecessors retire.
Revocation
4
The Borough of Ellesmere Port (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
13th November 1998


text:
Citation and commencement
1
This Order may be cited as the Fife (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 Fife Council shall be divided into 78 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
17th December 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Lincolnshire Ambulance and Health Transport Service National Health Service Trust (Transfer of Trust Property) Order 1998 and shall come into force on 23rd April 1998.
2
In this Order —
“the first Trust” means the Humberside Ambulance Service National Health Service Trust;
“the second Trust” means the Lincolnshire Ambulance and Health Transport Service National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by, agreed upon by and signed on behalf of the first and second Trusts on 17th December 1997.
Transfer of trust property
2
On 23rd April 1998 the trust property shall be transferred from the first Trust to the second Trust.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,Department of Health
25th March 1998


text:
1
This Order may be cited as the Crime and Disorder Strategies (Prescribed Descriptions) Order 1998 and shall come into force on 1st November 1998.
2
1
This article prescribes for the purposes of section 5(2)(c) of the Crime and Disorder Act 1998 the descriptions of persons or bodies with every one of whom responsible authorities are required to act in co-operation in their exercise of the functions conferred by section 6 of that Act.
2
The following descriptions of persons or bodies are prescribed for those purposes in relation to each local government area–
a
a parish council in that area, if it is in England;
b
a community council in that area, if it is in Wales;
c
a National Health Service Trust established under Part I of the National Health Service and Community Care Act 1990 which manages a hospital within the meaning of that Part , establishment or other facility in that area;
d
the governing body of a school, within the meaning of section 4(1) of the Education Act 1996 , in that area which is maintained by a local education authority;
e
the proprietor of an independent school, within the meaning of section 463 of that Act, in that area;
f
the governing body of an institution within the further education sector, as defined in section 91 of the Further and Higher Education Act 1992 , in that area;
g
the governing body of an institution within the higher education sector, as defined in that section, in that area.
3
1
This article prescribes for the purposes of section 5(3) of the Crime and Disorder Act 1998 the descriptions of persons or bodies at least one of each of which must be invited by responsible authorities to participate in their exercise of the functions conferred by section 6 of that Act.
2
The following descriptions of persons or bodies are prescribed for those purposes in relation to each local government area–
a
a social landlord, registered under Part I of the Housing Act 1996 , which is a landlord of accommodation in that area;
b
the Drug Action Team or the Drug and Alcohol Action Team established in respect of the area which includes that area;
c
a Training and Enterprise Council, as defined in paragraph (3) below, which provides assistance to persons who reside within the local government area;
d
a voluntary organisation operating in that area whose objects are to provide assistance to young persons through youth work or informal education;
e
the Crown Prosecution Service;
f
a Court Manager of the Crown Court;
g
a magistrates' courts committee for an area any part of which is within that area;
h
a representative of Neighbourhood Watch Schemes in the local government area;
i
a member of a Victim Support Scheme in that area which is affiliated to the National Association of Victim Support Schemes;
j
the service police, as defined in paragraph (4) below, where any military establishment is within that area;
k
the Ministry of Defence police, where any place to which section 2(2) of the Ministry of Defence Police Act 1987 applies is within that area;
l
a body which provides public transport or school transport within that area;
m
in respect of each of the following descriptions, a body which promotes the interests of, or provides services to, persons of that description within that area–
i
women;
ii
the young, including children;
iii
the elderly;
iv
the physically and mentally disabled;
v
those of different racial groups within the meaning of the Race Relations Act 1976 ;
vi
homosexuals;
vii
residents;
n
a body not falling within sub-paragraph (m) above, one of whose purposes is to reduce crime and disorder in that area;
o
a body established for religious purposes within that area;
p
a company or partnership which has a place of business within that area;
q
a body established to promote retail businesses in that area;
r
a trade union, within the meaning of section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992 ;
s
a registered medical practitioner who is–
i
providing general medical services in that area in accordance with arrangements made under section 29 of the National Health Service Act 1977; or
ii
performing personal medical services in that area in accordance with arrangements made under section 28C of that Act ;
t
a body which is representative of registered medical practitioners who are–
i
providing general medical services in that area; or
ii
performing personal medical services in that area.
3
In paragraph (2)(c) above, “Training and Enterprise Council” means a body with whom the Secretary of State has made arrangements under section 2 of the Employment and Training Act 1973 for the purpose of assisting persons to select, train for, obtain or retain employment.
4
In paragraph (2)(j) above, “service police” means the Royal Navy Regulating Branch, the Royal Marines Police, the Royal Military Police, the Royal Air Force Police or the Royal Air Force Provost Marshal.
Alun Michael
Minister of State
Home Office
3rd October 1998


text:
Citation and commencement
1
This Order may be cited as the Greater London Authority (Referendum Arrangements) Order 1998 and shall come into force on the day after the day on which it is made.
Interpretation
2
In this Order and in any provision applied by this Order —
“the 1983 Act ” means the Representation of the People Act 1983 ;
“the 1998 Act ” means the Greater London Authority (Referendum) Act 1998;
“Chief Counting Officer” means the person appointed as such under section 3(1) of the 1998 Act;
“the Common Council ” means the Common Council of the City of London;
“counting observer” means a person appointed by a counting officer under article 10(1)(b);
“counting officer” means a person appointed as a counting officer under section 3(2) of the 1998 Act;
“Greater London” has the meaning given by section 2(1) of the London Government Act 1963 ;
“polling observer” means a person appointed by a returning officer under article 7(3);
“the referendum” means the referendum held by virtue of section 1(1) of the 1998 Act; and
“ voting area ” means a London borough or the City of London.
Time
3
In calculating any period of time for the purposes of any provision of, or applied by, this Order, the following days shall be disregarded —
a
a Saturday or Sunday, and
b
Christmas Eve, Christmas Day, Maundy Thursday, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales.
Advertisements
4
The Town and County Planning (Control of Advertisements) Regulations 1992 shall have effect in relation to the display on any site in Greater London of an advertisement relating specifically to the referendum as they have effect in relation to the display of an advertisement relating specifically to a local government election.
Non-domestic rating: premises used for referendum purposes
5
In relation to premises in Greater London, section 65(6) of the Local Government Finance Act 1988 (occupation for election meetings and polls) shall have effect as if —
a
the reference to public meetings in furtherance of a person’s candidature at an election included a reference to public meetings promoting a particular result in the referendum, and
b
the reference to use by a returning officer for the purpose of taking the poll in an election included a reference to use by a person exercising functions of a returning officer in accordance with article 7(1) for the purposes of taking the poll in the referendum.
Alteration of Register
6
An alteration made in a register of electors or a ward list after 6th April 1998 shall be disregarded for the purposes of the referendum .
Returning officers
7
1
Functions conferred by this Order on the returning officer shall be exercised —
a
in each London borough, by the person who is for the time being the returning officer at an election of councillors for that borough under section 35(3) of the 1983 Act (returning officers: local elections); and
b
in the City of London, by the person who is for the time being appointed by the Common Council to act as the returning officer at the referendum.
2
It is the returning officer’s general duty at the referendum to do all such acts and things as may be necessary for effectually conducting the referendum in the manner provided by this Order.
3
The returning officer may appoint persons to attend at polling stations for the purpose of detecting personation (“polling observers”).
Hours of polling
8
The hours of polling shall be between 8 a.m. and 9 p.m. on the day of the referendum.
Ballot papers
9
1
The back of the ballot papers shall be in the following form —
No.
Greater London referendum on [ insert date ]: [ insert name of voting area ]
Note. — The number on the ballot paper is to correspond with that on the counterfoil and is to be printed in small characters.
.
2
A ballot paper —
a
shall be capable of being folded up;
b
shall have a number printed on the back; and
c
shall have attached a counterfoil with the same number printed on it.
Counting of votes etc.
10
1
A counting officer shall, in accordance with any directions given by the Chief Counting Officer under section 3(3)(a) of the 1998 Act —
a
appoint and pay such persons as may be necessary for the purpose of the counting of the votes; and
b
appoint persons to observe the counting of the votes and the verification of the ballot paper accounts (“counting observers”).
2
A counting officer shall make arrangements for counting the votes in the presence of the counting observers as soon as practicable after the close of the poll and shall give those observers notice in writing of the time and place at which he will begin to count the votes.
3
No person may attend the counting of votes for any voting area unless he is —
a
the counting officer for that area;
b
a person appointed by him under paragraph (1) above;
c
the Chief Counting Officer;
d
the Member of Parliament for a constituency wholly or partly within that area,
e
permitted by the counting officer for that area to attend the count.
4
A counting officer shall give the counting observers such reasonable facilities for observing the proceedings at the counting of votes, and all such information with respect to them, as he can give them consistently with the orderly conduct of the proceedings and the discharge of his duties in connection with them.
5
Before a counting officer makes a certification under section 3(3)(b) of the 1998 Act, or makes any public announcement as to the result of the count, he shall consult the Chief Counting Officer.
Chief Counting Officer’s fees and charges
11
The following shall be charged on and paid out of the Consolidated Fund —
a
the fee payable to the Chief Counting Officer in accordance with the terms of his appointment; and
b
on an account being submitted to, and approved by, the Secretary of State, any charges properly made or expenditure properly incurred by the Chief Counting Officer in connection with the referendum.
Application of provisions
12
The provisions set out in column (1) of the Tables in Schedule 1 shall have effect in relation to the referendum with the modifications shown in column (2) of those Tables and any other necessary modifications; in particular, except where the context otherwise requires —
a
a reference to an election shall be construed as a reference to the referendum;
b
a reference to a constituency shall be construed as a reference to a voting area;
c
a reference to voting for, or a vote for, a candidate shall be construed as a reference to voting for, or a vote for, an answer;
d
a reference to promoting or procuring the election of a candidate, or furthering a person’s candidature, shall be construed as a reference to promoting or procuring a particular result in the referendum;
e
a reference to the return of a person shall be construed as a reference to a particular result in the referendum;
f
a reference to a person voting as an elector shall be construed as a reference to a person voting on his own behalf;
g
a reference to a person’s entitlement as an elector to an absent vote shall be construed as a reference to a person’s entitlement to vote by post on his own behalf or to vote by proxy;
h
except where the polls at the referendum and an ordinary election of councillors are taken together in accordance with section 4(1) of the 1998 Act, where anything is required to be done in the presence of election, polling, counting or other agents, the reference to the presence of agents shall be ignored;
i
a reference to anything being prescribed shall be construed as a reference to its being provided for by a provision of subordinate legislation applied by this Order;
j
a form which is required to be used may be used with such variations as the circumstances may require;
k
in relation to the City of London —
i
a reference to a register of electors shall be construed as a reference to a list of persons entitled to vote at the referendum by virtue of section 2(1)(b) of the 1998 Act;
ii
a reference to the council of a voting area shall be construed as a reference to the Common Council;
l
a reference to the registration officer is —
i
in the case of a London borough, a reference to the relevant registration officer appointed under section 8 of the 1983 Act; and
ii
in the case of the City of London, a reference to the town clerk of the City ;
and, for the purpose of the exercise of a registration officer’s functions in relation to the referendum, sections 52(1) to (4) (discharge of registration duties) and 54(1), (3) and (4) (payment of expenses of registration) of the 1983 Act shall have effect;
m
any reference to an enactment or instrument made under an enactment shall be construed as a reference to that enactment or instrument as applied by this Order; and
n
so much of any provision as —
i
relates to an election petition or an election court; or
ii
applies only in relation to Scotland, Wales or Northern Ireland,
shall be ignored.
Combined polls
13
Schedule 2 shall have effect where the polls at the referendum and an ordinary election of councillors for any electoral ward of a London borough are taken together in accordance with section 4(1) of the 1998 Act.
N. H. Nicholls
Clerk of the Privy Council


text:
1
This Order may be cited as the Visiting Forces and International Headquarters (Application of Law) (Amendment) Order 1998 and shall come into force on the day after the day on which it is made.
2
1
The Visiting Forces and International Headquarters (Application of Law) Order 1965 shall be amended in accordance with the following provisions of this article.
2
In article 3(3), for the words “the Federal Republic of Germany and Spain” there shall be substituted the words —
the Federal Republic of Germany, Spain, Albania, Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, the Slovak Republic, Slovenia and Sweden.
3
In article 7(c), after the words “force or” there shall be inserted the words “any persons employed in support of that force or by members”.
N. H. Nicholls
Clerk of the Privy Council


text:
1
1
This Order may be cited as the Combined Probation Areas (Dyfed) Order 1998.
2
This Order shall come into force on 1st January 1999 save that, for the purposes of making appointments to the probation committee for Dyfed to take effect on that date, this Order shall come into force forthwith.
2
For that part of Schedule 2 to the Combined Probation Areas Order 1986 which relates to the Dyfed Area , there shall be substituted the following–
(1) (2) (3) Petty Sessions Area Probation Area Number of Justices on Probation Committee
Carmarthen Dyfed 2 Ceredigion 2 Dinefwr 1 Llanelli 2 North Pembrokeshire 2 South Pembrokeshire 2
Gareth Williams
Minister of State
Home Office
16th December 1998