text:
Citation and commencement
1
These Regulations may be cited as the Education (Student Support) Regulations 1998 and shall come into force on the day after the day on which they are made.
Interpretation
2
1
In the Regulations, except where the context otherwise requires —
“academic year”, in relation to a course, means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September, according as the academic year of the course in question begins in the winter, the spring, the summer or the autumn respectively;
“accelerated course” means a course which persons undertaking it are normally required by the institution providing it to attend (whether at premises of the institution or elsewhere) for a period of at least 40 weeks in the final year, being a course of two academic years' duration;
“ the Act ” means the Teaching and Higher Education Act 1998;
“borrower” means a person to whom money has been lent under the Act;
“certificate of eligibility” means a certificate issued to a student under regulation 5(7);
“designated course” means a course designated by regulation 4(1) or by the Secretary of State under regulation 4(4);
“disability related benefit” means long term incapacity benefit or short term incapacity benefit at the higher rate, severe disablement allowance, disability living allowance, industrial injuries benefit and disability working allowance, all payable under the Social Security Contributions and Benefits Act 1992 , or the amount of any disability premium and severe disability premium included in the applicable amount in calculating the income support payable under the Income Support (General) Regulations 1987 ;
“ EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;
“EEA migrant worker” has the meaning assigned to it in paragraph (5);
“eligible” means eligible for the purposes of the Act as provided in regulation 3;
“European Community” means the territory comprised by the member States of the European Community as constituted from time to time;
“European Economic Area” means the European Community and subject to the conditions laid down in the EEA Agreement the area comprised by the Republic of Iceland, the Kingdom of Norway and the Principality of Liechtenstein;
“the Islands” means the Channel Islands and the Isle of Man;
“loan” means a loan towards a student’s maintenance under the Act, including the interest accrued on the loan and any penalties and charges made in connection with it;
“periods of work experience” means periods of industrial, professional or commercial experience associated with full-time study at an institution but at a place outside the institution;
“quarter”, in relation to an academic year, means one of the periods in that year from 1st January to 31st March, 1st April to 30th June, 1st July to 31st August, or 1st September to 31st December;
“refugee” means a person who is recognised by Her Majesty’s government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by the Protocol thereto which entered into force on 4th October 1967 and any reference to the child of a refugee includes a reference to a step-child;
“responsible person” means a consular officer, minister of religion, medical or legal practitioner, established civil servant, teacher or police officer;
“sandwich course” means a course consisting of alternate periods of full-time study in an institution and periods of work experience so organised that, taking the course as a whole, the student attends the periods of full-time study for an average of not less than 19 weeks in each year; and for the purposes of calculating his attendance the course shall be treated as beginning with the first period of full-time study and ending with the last such period; and
“student loan account number” means the account number assigned by the lender to a loan made under the Act, the Education (Student Loans) Act 1990 , the Education (Student Loans) (Northern Ireland) Order 1990 , the Education (Scotland) Act 1980 or the Education (Student Support) (Northern Ireland) Order 1998 .
2
For the purposes of these Regulations a person who is ordinarily resident in England and Wales as a result of having moved from Scotland, Northern Ireland, the Channel Islands or the Isle of Man for the purpose of attending his present course or a previous designated course which (disregarding any intervening vacation) he was attending immediately before commencing his present course shall be considered to be ordinarily resident in the place from which he moved.
3
For the purposes of these Regulations a person shall be treated as ordinarily resident in the United Kingdom and Islands or in the European Economic Area if he would have been so resident but for the fact that he, his spouse or his parent, guardian or any other person having parental responsibility for him, or any person having care of him when he is a child is, or was temporarily employed outside the United Kingdom and Islands, or as the case may be, outside the European Economic Area and paragraph 7(c) of Schedule 1 shall not apply in the case of such a person.
4
For the purposes of the Regulations an area which —
a
was previously not part of the European Community or the European Economic Area, but
b
at any time before or after these Regulations come into force has become part of one or other or both of those areas
shall be considered to have always been part of the European Economic Area.
5
In these Regulations a reference to an EEA migrant worker is a reference to a person who is a national of a member State of the European Economic Area who has taken up an activity as an employed person in the United Kingdom —
a
under Council Regulation ( EEC ) No. 1612/68 on freedom of movement of workers within the Community as extended by the EEA Agreement; or
b
in circumstances where as a national of the United Kingdom he has an enforceable Community right to be treated no less favourably than a national of another member State in relation to matters which are the subject of the above mentioned Council Regulation.
Eligible students
3
1
A student shall be an eligible student in relation to an academic year of a course for the purposes of section 22(1) of the Act and of these Regulations if —
a
he is a person mentioned in Schedule 1;
b
he is attending a designated course;
c
he is under the age of 50 years on the first day of the course;
d
he is not eligible to receive a loan in relation to the academic year of the course under the Education (Student Loans) Act 1990 or the Education (Student Loans) (Northern Ireland) Order 1990;
e
he has not received a loan in relation to the academic year of another course which year ended after the first day of the academic year in question;
f
he is not eligible to receive in relation to the academic year —
i
any payment under a bursary or award of similar description bestowed on him under section 63 of the Health Services and Public Health Act 1968 the amount of which is not calculated by reference to his income; or
ii
any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 1992 ;
g
he is not in breach of any obligation to repay any loan;
h
subject to paragraph (4) he has ratified any agreement for a loan made with him when he was under the age of 18; and
i
he has a bank or building society account into which any amount lent to him may be paid by electronic transfer.
2
For the purposes of paragraph (1)(c) and Schedule 1 if with the agreement of the institution or institutions in question a student withdraws from a designated course without completing it and disregarding any intervening vacation immediately commences attending another designated course provided by the same or by a different institution the first day of the first course shall be regarded as the first day of the second course; or as the first day of a third or further course which the student has commenced attending in the same fashion.
3
For the purposes of paragraph (1)(e), (g) and (h) “loan” includes a loan made under the Act, the Education (Student Loans) Act 1990, the Education (Student Loans) (Northern Ireland) Order 1990, the Education (Scotland) Act 1980 or the Education (Student Support) (Northern Ireland) Order 1998.
4
Paragraph (1)(h) shall only apply in a case where the agreement for a loan is subject to the law of Scotland if it was made —
a
before 25th September 1991, and
b
with the concurrence of the borrower’s curator, or at a time when he had no curator.
Designated courses
4
1
A course shall be designated for the purposes of section 22(1) of the Act and regulation 3(1)(b) if it is —
a
mentioned in Schedule 2;
b
a full-time course;
c
of at least one academic year’s duration; and
d
wholly provided by an educational institution or institutions in the United Kingdom which is or are maintained or assisted by recurrent grants out of public funds or is provided by such an institution or institutions in conjunction with an institution or institutions outside the United Kingdom.
2
A full-time course is a sandwich course or a course —
a
which persons undertaking it are normally required by the institution providing it to attend (whether at premises of the institution or elsewhere) —
i
in the case of a course of one academic year’s duration, for a period of at least 24 weeks; and
ii
in the case of a course of two or more academic years' duration, for a period of at least 24 weeks in each academic year except the final year and of at least eight weeks in the final year; and
b
the nature of which is such that a person undertaking it would normally require to undertake periods of study, tuition or work experience which together amount in each academic year to an average of at least 21 hours a week as respect the periods of attendance mentioned in sub-paragraph (a) above for the year.
3
For the purposes of these Regulations a course is provided by an institution if it provides the teaching and supervision which comprise the course, whether or not it has entered an agreement with the student to provide the course.
4
For the purposes of section 22 of the Act and regulation 3(1) the Secretary of State may designate courses of higher education which are not designated under paragraph (1).
Certificate of eligibility
5
1
A student shall demonstrate his eligibility by completing an eligibility questionnaire and by providing such supporting evidence of eligibility as the Secretary of State may require.
2
Without restricting the generality of paragraph (1) a student shall produce —
a
if he was born in the United Kingdom, a certificate issued by the appropriate authority showing the date of his birth;
b
if he was born outside the United Kingdom, a valid passport, unless he is a refugee or does not hold one, and in any event a letter or other document issued by a responsible person which contains particulars of his date, place and country of birth and his full name at birth;
c
a United Kingdom national insurance card, or some other document issued or sent to the student by a government department or agency or by an employer which refers to his national insurance number, unless he does not have such a number;
d
evidence of the student’s bank or building society sort code and account number; and
e
evidence from his institution that he has commenced attending a designated course and of the duration of that course.
3
The Secretary of State may take such steps and make such inquiries as he considers necessary to determine whether the student is an eligible student.
4
If the Secretary of State considers that a student is an eligible student he shall issue to the student an eligibility form for the student to complete.
5
An eligibility form shall include the following particulars:
a
the full name of the student, and his or her sex;
b
his United Kingdom national insurance number, unless he does not have one;
c
his most recent student loan account number, if any;
d
if the student’s full name at birth was different from the above name, his full name at birth;
e
the country in which the student was born;
f
if the student was born in the United Kingdom, the district or subdistrict where his birth certificate was issued;
g
the student’s date of birth;
h
the student’s home and term-time address and telephone number, and an indication to which address correspondence should be sent;
i
whether the student was on the first day of the course ordinarily resident for the purposes of these Regulations in England and Wales, Scotland or Northern Ireland;
j
the student’s bank or building society sort code and account number;
k
the student’s age on the first day of the course;
l
the date on which the student has started and on which he expects to complete his course;
m
whether the course is —
i
for a Postgraduate Certificate of Education or Art Teacher’s Certificate;
ii
an accelerated course; or
iii
another designated course;
n
the name of the institution which provides the designated course, and if any part of the course is provided by an institution other than that institution an indication to that effect; and
o
the number of academic years of the course, and whether the student is in the first, second, third or other of those years on the date the certificate is signed.
6
The student shall sign a declaration on the eligibility form that —
a
the particulars given in the eligibility form are correct to the best of his knowledge and belief; and
b
he will notify the Secretary of State of any change in them.
7
If the Secretary of State is satisfied that the particulars in the eligibility form are correct and that the student is an eligible student he shall certify those matters to the best of his knowledge and belief and also certify the amount of loan for maintenance to which he considers the student is entitled (a “certificate of eligibility”).
8
The Secretary of State shall issue to each student whose eligibility he has certified an application form which identifies the particular certificate of eligibility.
Application for a loan
6
1
An eligible student shall apply for a loan for maintenance in relation to an academic year by completing and submitting to the Secretary of State the form issued to him under regulation 5(8) not later than one month before the end of that academic year.
2
The application form shall include the following particulars —
a
the student’s full name and his or her sex;
b
his United Kingdom national insurance number, unless he does not have one;
c
his most recent student loan account number, if any;
d
his bank or building society sort code and bank account number;
e
the names, addresses and telephone numbers of two persons who know the student;
f
a statement whether the student has ever been declared bankrupt or whether his estate has ever been sequestrated; and
g
the amount the student wishes to borrow in relation to the academic year in respect of which the application is made not exceeding the relevant maximum amount specified in regulation 7.
3
The student shall sign a declaration on the application form that —
a
the particulars given in the application form are correct to the best of his knowledge and belief;
b
he will notify the Secretary of State of any change in them; and
c
he will repay any amount lent to him, together with interest and applicable charges and penalties, in accordance with the Act and Regulations made thereunder from time to time.
4
If the application form is received by the Secretary of State more than 30 days after the date on which the certificate of eligibility is signed he shall inquire of the institution which provides the student’s course whether the student is still attending that course, and not proceed with the application until the institution has satisfied him that the student is still attending the course.
5
The Secretary of State on being satisfied that the student is an eligible student in relation to an academic year shall lend him for his maintenance the amount requested for that year in accordance with regulation 8.
6
Where a borrower has not applied for the maximum amount of loan to which he is entitled in relation to the academic year he may apply to borrow an additional amount once only, which when added to the amount already applied for shall not exceed the relevant maximum amount referred to in regulation 7.
7
Such application shall be made not later than one month before the end of the academic year and by completing and submitting a form issued to him by the Secretary of State which includes:
a
the student’s full name;
b
his most recent student loan account number; and
c
his bank or building society sort code and account number.
8
If the student’s bank or building society sort code or account number has changed from the code or number given in an application under paragraph (1) the student shall provide evidence of the code or number.
9
The student shall sign a declaration on the application form in the terms set out in paragraph (3).
10
The Secretary of State on receiving the application form shall inquire of the institution which provides the student’s course whether the student is still attending the course, and not proceed with the application until the institution has satisfied him that the student is still attending the course.
11
The Secretary of State on being satisfied that the borrower remains an eligible student and is entitled to borrow an additional amount for the academic year shall lend him for his maintenance the additional amount requested in accordance with regulation 8.
Amounts of loans
7
1
Subject to paragraphs (2) to (5) the maximum amount which may be lent in relation to any one academic year of a course shall be:
a
for a student who resides at his parent’s home £2,325;
b
for a student who does not, if he attends a course provided by the University of London or by an institution within the area comprising the City of London and the metropolitan police district, £3,145, otherwise £2,735.
2
Subject to paragraphs (3) to (5) the maximum amount which may be lent in relation to an academic year which is the final year of a course other than an accelerated course shall be;
a
for a student who resides at his parent’s home £1,970;
b
for a student who does not, if he attends a course provided by the University of London or by an institution within the area comprising the City of London and the metropolitan police district, £2,565, otherwise £2,265.
3
Subject to paragraph (4) where a student’s course includes a period of residence in a country other than the United Kingdom throughout the academic year, the maximum amount of the loan in relation to that academic year shall be £2,735 or if the year is the final year of the course £2,265.
4
For the purposes of paragraphs (1) to (3) where a postgraduate course of initial training for teachers is of only one academic year’s duration that year shall not be treated as a final year, and for the purposes of paragraphs (1) and (2) a student’s place of residence shall be his place of residence on the date of the certificate of eligibility given under regulation 5(7).
5
Where in relation to an academic year a student is eligible to receive any payment pursuant to any bursary or award of similar description bestowed on him under section 63 of the Health Services and Public Health Act 1968 the amount of which is calculated by reference to the student’s income unless the course leads to qualification as a medical doctor or as a dentist paragraphs (1) to (3) shall have effect as if £1,000 had been deducted from all the amounts referred to.
Payments
8
1
The Secretary of State shall pay the amount to be lent for maintenance under regulation 6(5) in the following instalments:
a
if the first instalment is paid during the first quarter of the academic year it shall be paid in three equal instalments;
b
if the first instalment is paid during the second quarter of the academic year it shall be paid in two instalments, the first amounting to two thirds of the amount to be lent, and the second one third of that amount; and
c
if the first instalment is paid during the third or fourth quarter of the academic year it shall be paid in one instalment.
2
The Secretary of State shall pay an additional amount to be lent for maintenance under regulation 6(11) in the following instalments:
a
if the first instalment is paid during the first quarter of the academic year it shall be paid in three equal instalments, the second and third of which shall be paid with the second and third instalments referred to in paragraph 1(a);
b
if the first instalment is paid during the second quarter of the academic year it shall be paid in two instalments, the first amounting to two thirds of the amount to be lent and the second one third of that amount, the second to be paid with the remaining instalment to be paid under paragraph (1); and
c
if the first instalment is paid during the third or fourth quarter of the academic year it shall be paid in one instalment.
3
Not more than one instalment shall be paid in respect of each quarter of the academic year and no instalment shall be paid in respect of the quarter during which in the opinion of the Secretary of State the longest of any vacations is taken.
4
The first instalment shall be paid not later than 30 days after the Secretary of State has received a satisfactory application under regulation 6(1), and any subsequent instalment shall be paid during the quarter in respect of which it is paid.
5
Payments shall be made by electronic transfer to the student’s account.
6
Subject to regulation 9 no instalment shall be paid after a student has withdrawn from, abandoned or been expelled from his course.
7
No instalment shall be paid when a student is absent from his course, unless in the opinion of the Secretary of State in all the circumstances it would cause exceptional hardship to suspend the payment of instalments.
8
A student shall not be considered to be absent from his course if he is unable to attend due to illness and his absence has not exceeded 60 days.
9
If the payment of instalments has been suspended and before the end of the academic year the student commences attending his course again the Secretary of State may pay further instalments but so that the amount lent in relation to that year does not exceed such amount as the Secretary of State in all the circumstances considers appropriate.
Transfers
9
1
If with the agreement of the institution in question a borrower in relation to an academic year withdraws from his course without completing it during that year and disregarding any intervening vacation immediately commences attending another designated course provided by the same institution his loan shall be treated for all purposes as if it were a loan in relation to the academic year of the second course.
2
A borrower who has commenced attending another designated course as described in paragraph (1) shall notify the Secretary of State of any change in the particulars set out in his certificate of eligibility in accordance with regulation 5, and in particular shall provide particulars of the matters referred to in regulation 5(5)(l) to (o).
3
If with the agreement of the institutions in question a borrower in relation to an academic year withdraws from his course without completing it during that year and disregarding any intervening vacation immediately commences attending another designated course provided by a different institution subject to paragraphs (4) and (5) he shall be treated as having withdrawn from his course and no further payment of instalments shall be made.
4
A borrower described in paragraph (3) may notwithstanding regulation 3(1)(e) be eligible for a new loan in relation to the academic year of the second course.
5
An application for a new loan in reliance on paragraph (4) shall be made in accordance with regulations 5 and 6; but there shall be subtracted from the relevant maximum amount referred to in regulation 7 the amount of any instalments already paid to the borrower in relation to the academic year of the first course.
Hardship loan
10
1
A borrower who has applied for the maximum amount of loan in relation to an academic year may apply once only for an additional loan on grounds of hardship, which shall be known as a “hardship loan”.
2
A hardship loan shall be not less than £100 and not more than £250, and shall be a multiple of £25.
3
A borrower shall demonstrate hardship by providing such evidence of his requirements and resources as the Secretary of State may require.
4
On being satisfied that due to exceptional financial hardship a borrower may not be able to continue to attend his course for the remaining part of the academic year the Secretary of State shall advise the borrower of the amount of hardship loan which he considers that the borrower requires, and issue to him an application form.
5
The borrower shall apply for a hardship loan not greater than the amount referred to in paragraph (4) by completing the form issued to him under that paragraph not later than one month before the end of the academic year.
6
The application form shall include —
a
the borrower’s full name;
b
his home and term-time address and telephone number, and an indication to which address correspondence should be sent;
c
his most recent student loan account number; and
d
his bank or building society sort code and account number.
7
If the borrower’s bank or building society sort code or account number has changed from the code or number given in an application under regulation 6 the borrower shall provide evidence of the code or number.
8
The borrower shall sign a declaration on the application form in the terms set out in regulation 6(3).
9
The Secretary of State shall certify on the form that —
a
to the best of his knowledge and belief the particulars in the application form are correct and
b
the borrower continues to attend his course; and
c
he is satisfied that due to exceptional financial hardship the borrower might not be able to continue to attend his course for the remaining part of the academic year, and that he ought to be lent the amount applied for.
10
The borrower shall submit the completed and certified application form to the Secretary of State not more than 30 days after the date of the certificate referred to in paragraph (9) and not later than one month before the end of the academic year, and the Secretary of State shall pay the amount to be lent within 14 days of receipt of a satisfactory application.
Interest
11
1
Subject to paragraph (2) loans shall bear interest at the rate which results in an annual percentage rate of charge determined in accordance with the Consumer Credit (Total Charge for Credit) Regulations 1980 of 3.5 per cent.
2
If the rate referred to in paragraph (1) exceeds the rate for the time being specified for the purposes of any exemption conferred by virtue of section 16(5)(b) of the Consumer Credit Act 1974 loans shall bear interest at that rate.
3
Interest shall be calculated on the principal outstanding daily, and shall be added to the principal monthly.
4
The index of prices which the Secretary of State is required by section 22(8) of the Act to have regard to in prescribing the rate of interest which loans shall bear shall be the retail prices all items index published by the Office for National Statistics.
Repayments
12
1
A borrower may pay any part of or all of any moneys he owes to the Secretary of State under the Act and Regulations at any time without charge or penalty.
2
A borrower shall not be required to pay any moneys he owes before 6th April 2000.
3
Any liability of a borrower under the Act and Regulations shall be cancelled if he —
a
dies;
b
is not in breach of any obligation to repay any loan and he has attained the age of 65; or
c
receives a disability related benefit and the Secretary of State is satisfied that because of his disability he is permanently unfit for work.
4
For the purposes of paragraph (3) “loan” has the meaning given it in regulation 3(3).
Insolvency
13
1
In England and Wales there shall not be treated as part of a bankrupt’s estate or claimed for his estate under section 307 or 310 of the Insolvency Act 1986 any sum payable to a student by way of a loan and which he receives or is entitled to receive after the commencement of the bankruptcy, whether his entitlement arises before or after the commencement of his bankruptcy.
2
In Scotland, where after the date of sequestration of a person’s estate, he receives, or is entitled to receive, sums by way of loan —
a
the sheriff shall not, in fixing an amount under subsection (2) of section 32 of the Bankruptcy (Scotland) Act 1985 , treat the sums as income of the person;
b
for the purpose of subsection (6) of that section the sums shall not be treated as estate vesting in, or requiring to be conveyed or delivered to, the person’s permanent trustee; and
c
any debt or liability to which the borrower is, or may become, subject in respect of the sums shall not be treated as a debt or liability —
i
for the purposes of the sequestration (or of any offer of composition to the permanent trustee); or
ii
from which the borrower is discharged, on the expiry of a period after the date of sequestration, under or by virtue of section 54 or 75(4) of that Act (or on an order being made under paragraph 11 of Schedule 4 to that Act as respects him and the permanent trustee).
3
In Northern Ireland there shall not be treated as part of a bankrupt’s estate or claimed for his estate under Article 280 or 283 of the Insolvency (Northern Ireland) Order 1989 any sum payable to a student by way of a loan and which he receives or is entitled to receive after the commencement of the bankruptcy, whether his entitlement arises before or after the commencement of his bankruptcy.
Information
14
1
Every applicant for a loan and every borrower shall inform the Secretary of State if —
a
he withdraws, abandons or is expelled from his course;
b
he ceases to attend it and does not intend to or is not permitted to return for the remainder of the academic year;
c
he transfers to another course, at the same or a different institution, whether or not the new course is a designated course; or
d
he is absent from his course for more than 60 days for any reason, including illness.
2
Every applicant for a loan and every borrower shall as soon as reasonably practicable provide the Secretary of State with details of any change of home or term time address or telephone number and of any new bank or building society account into which any amount lent to him may be paid by electronic transfer.
Andrew Smith
Minister of State,
Department for Education and Employment
11th August 1998


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the A41 Trunk Road (Camden) (Temporary Prohibition of Traffic) Order 1998, and shall come into force on 24th February 1998.
2
This Order is made because the Traffic Director for London is satisfied that traffic on the roads, or lengths of road, mentioned in the schedule to this Order should be prohibited because works are being or are proposed to be executed on or near those roads or lengths of road.
3
During the period starting at 00.01 hours on 25th February 1998 for a period of six months, or when those works have been completed, whichever is the sooner, no person shall cause or permit any vehicle to stop at any time in the roads, or lengths of roads, specified in the schedule to this Order.
4
1
The prohibitions specified in article 3 above shall apply only during such times and to such extent as shall from time to time be indicated by traffic signs specified by regulations or authorised under section 64 of the Road Traffic Regulation Act 1984.
2
The prohibitions specified in article 3 above shall not apply in respect of —
i
any vehicle being used for the purpose of those works, or for fire brigade, ambulance or police purposes, or
ii
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
5
In so far as, and during such times as, the prohibition specified in article 3 above is in force, the provisions of the A41 Trunk Road (Camden) Red Route Experimental (No.2) Traffic Order 1997 are hereby suspended so far as they relate to the roads or lengths of roads specified in the schedule to this Order.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
20th February 1998


text:
Citation and commencement
1
This Order may be cited as the South and East Wales Ambulance National Health Service Trust (Dissolution) Order 1998 and shall come into force on 1st April 1998.
Dissolution of NHS Trust
2
The South and East Wales Ambulance National Health Service Trust established by the South and East Wales Ambulance National Health Service Trust (Establishment) Order 1992 is hereby dissolved, and accordingly that Order and the South and East Wales Ambulance National Health Service Trust (Establishment) (Amendment) Order 1996 are hereby revoked.
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 commencement
1
This Order may be cited as the Thetford 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 Thetford 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 Thetford Education Action Forum, the membership of which shall include–
a
either one or two persons 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
either one or two persons appointed by Norfolk County Council and by Thetford Partnership and one person appointed by each of the other partners unless any partner chooses not to make such an appointment.
5
1
The Forum may at any time appoint–
a
either one or two additional members from persons appearing to them to represent the interests of businesses in the area served by the zone schools;
b
either one or two additional members from persons appearing to them to represent the interests of teachers working in zone schools;
c
one additional member from persons appearing to them to represent the Norfolk Teachers Joint Consultative Group;
d
one additional member from persons appearing to them to represent non-teaching staff working in zone schools;
e
one additional member from persons appearing to them to represent parents of children attending zone schools;
f
one additional member from persons appearing to them to represent voluntary or other agencies operating in the community in the area served by the zone schools; and
g
one additional member from persons appearing to them to represent further or higher education in the area covered by the zone schools.
2
Any member appointed under paragraph (1)(e), (f) or (g) shall be appointed on terms such that he holds office as a member of the Forum for a period not exceeding one year from the date of his appointment, without prejudice to his eligibility, on ceasing to be a member of the Forum, to be re-appointed.
Disqualification from membership of the Forum
6
Articles 7 to 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:
1
This Order may be cited as the Merchant Shipping (Oil Pollution) (Sovereign Base Areas) (Amendment) Order 1998 and shall come into force on 23rd April 1998.
2
In the section 177(1) set out in the Schedule to the Merchant Shipping (Oil Pollution) (Sovereign Base Areas) Order 1997 the words “damage done to a ship” shall be replaced by the words “damage done by a ship”.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Excise Duty Point (External and Internal Community Transit Procedure) (Amendment) Regulations 1998, and shall come into force on 11th January 1999.
Amendment
2
The following shall be substituted for regulation 9 of the Excise Duty Point (External and Internal Community Transit Procedure) Regulations 1998 :
Payment of excise duty
9
A person liable to pay excise duty relating to an excise duty point specified by regulation 4 or 5 above shall pay the excise duty to the Commissioners upon the occurrence of that excise duty point.
D.J. Howard
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
LONDON SE1 9PJ
14th December 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of South Gloucestershire (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 South Gloucestershire;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions, marked “Map of the District of South Gloucestershire (Electoral Changes) Order 1998”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of South Gloucestershire
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into thirty-five wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes, or parishes and parish wards, or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of that ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or other similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Bitton
3
1
The existing wards of the parish of Bitton shall be abolished.
2
The parish shall be divided into three wards which shall bear the names North Common, Oldland Common and South and the wards shall comprise the areas designated on sheet 8 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the North Common, Oldland Common and South parish wards shall be nine, seven and five respectively.
Wards of the town of Bradley Stoke
4
1
The existing wards of the town of Bradley Stoke shall be abolished.
2
The town shall be divided into five wards which shall bear the names Baileys Court, Lakeside, Manor Farm, Primrose Bridge and Woodlands and the wards shall comprise the areas designated on sheet 6 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each ward shall be three.
Wards of the parish of Dodington
5
1
The existing wards of the parish of Dodington shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the district ward specified in respect of that parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of that parish ward in column (3) of that Schedule.
Wards in the town of Filton
6
1
The existing wards of the town of Filton shall be abolished.
2
The town shall be divided into three wards which shall bear the names Charborough, Conygre and Northville and the wards shall comprise the areas designated on sheet 6 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Charborough parish ward shall be three and for each of the Conygre and Northville parish wards shall be five.
Wards of the parish of Mangotsfield Rural
7
1
The existing wards of the parish of Mangotsfield Rural shall be abolished.
2
The parish shall be divided into five wards which shall bear the names Badminton, Blackhorse, Emersons Green, Pomphrey and Springfield and the wards shall comprise the areas designated on sheet 7 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Badminton parish ward shall be six and for each of the Blackhorse, Emersons Green, Pomphrey and Springfield parish wards shall be three.
Wards of the parish of Oldland
8
1
The existing wards of the parish of Oldland shall be abolished.
2
The parish shall be divided into seven wards which shall bear the names Barrs Court, Cadbury Heath, Cock Road Ridge, Greenbank, Longwell Green, Willsbridge and Wraxall and the wards shall comprise the areas designated on sheet 8 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Cadbury Heath parish ward shall be seven; for the Longwell parish ward shall be four; for each of the Barrs Court and Wraxall parish wards shall be three and for each of the Cock Road Ridge, Greenbank and Willsbridge parish wards shall be one.
Wards of the parish of Sodbury
9
1
The existing wards of the parish of Sodbury shall be abolished.
2
The parish shall be divided into three wards which shall bear the names North East, Old Sodbury and South West and the wards shall comprise the areas designated on sheet 9 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each parish ward shall be five.
Wards of the parish of Stoke Gifford
10
1
The existing wards of the parish of Stoke Gifford shall be abolished.
2
The parish shall be divided into three wards which shall bear the names North, South and University and the wards shall comprise the areas designated on sheet 6 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the North, South and University parish wards shall be five, six and one respectively.
Wards of the town of Thornbury
11
1
The existing wards of the town of Thornbury shall be abolished.
2
The town shall be divided into four wards which shall bear the names Central, North East, North West and South and the wards shall comprise the areas designated on sheet 5 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each ward shall be four.
Wards of the town of Yate
12
1
The existing wards of the town of Yate shall be abolished.
2
The town shall be divided into seven parish wards which shall bear the names East, North, North West, South, South East, South West and West and the wards shall comprise the areas designated on sheet 9 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each of the North, South East and West parish wards shall be four, and for each of the East, North West and South West parish wards shall be three and for South parish ward shall be one.
Numbers of parish councillors
13
The number of parish councillors for each of the wards of the parish of Patchway shall be five.
Revocations
14
1
In the Avon (Structural Change) Order 1995, article 9(3) and Schedule 2 and so much of article 9(1) as relates to the council of the district are hereby revoked.
2
The District of Northavon (Electoral Arrangements) Order 1975 and the District of Kingswood (Electoral Arrangements) Order 1987 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 Airedale and Wharfedale College (Dissolution) Order 1998 and shall come into force on 1st August 1998.
2
On 1st August 1998 the Transferor shall be dissolved and all of its property, rights and liabilities shall be transferred to the Transferee, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the Transferor immediately before 1st August 1998 as if the references in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st August 1998;
c
to the transferor were to the Transferor; and
d
to the corporation were to the Transferee.
Tessa Blackstone
Minister of State,
Department for Education and Employment
7th July 1998


text:
Citation and commencement
1
This Order may be cited as the Aberdeenshire (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 Aberdeenshire Council shall be divided into 68 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
21st December 1998


text:
Citation, commencement and scope
1
1
These Regulations may be cited as the Medicines (Products for Animal Use — Fees) Regulations 1998 and shall come into force on 1st November 1998.
2
These Regulations apply only to fees relating to products for animal use.
Interpretation
2
1
In these Regulations, unless the context requires otherwise–
“ the Act ” means the Medicines Act 1968 ;
“the 1971 Act ” means the Medicines Act 1971;
“assistance in connection with a mutual recognition application” means the preparation of an assessment report of the type required by virtue of the second paragraph of Article 17.3 of Directive 81/851/EEC in order for an application to be made to a member State for mutual recognition of a marketing authorisation, or the updating of an existing assessment report for the purpose of enabling such an application to be made, and includes any assistance given of the type specified in Articles 18.2 and 18.3 of that Directive in connection with the application for mutual recognition in relation to which the assessment report or updated assessment report has been prepared;
“Directive 81/851/EEC” means Council Directive 81/851/ EEC on the approximation of the laws of the Member States relating to veterinary medicinal products as amended by Council Directives 90/676/EEC and 93/40/EEC and as extended by Directive 90/677/EEC and widened by Directive 92/74/EEC ;
“Directive 90/677/EEC” means Council Directive 90/677/EEC extending the scope of Directive 81/851/EEC on the approximation of the laws of the Member States relating to veterinary medicinal products and laying down additional provisions for immunological veterinary medicinal products;
“Directive 92/74/EEC” means Council Directive 92/74/EEC widening the scope of Directive 81/851/EEC on the approximation of provisions laid down by law, regulation or administrative action relating to veterinary medicinal products and laying down additional provisions on homoeopathic veterinary medicinal products;
“ EEA Agreement ” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 and as amended by the Decision of the EEA Joint Committee No. 7/94 ;
“ EEA State ” means a State which is a Contracting Party to the EEA Agreement other than the United Kingdom;
“marketing authorisation” means an authorisation to place on the market in the United Kingdom a Veterinary Medicinal Product but does not include a marketing authorisation granted by the Community in accordance with the provisions of Council Regulation (EEC) No. 2309/93 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Agency for the Evaluation of Medicinal Products ;
“the Ministers” has the meaning given by regulation 1(4) of the 1994 Regulations ;
“pay”, when used in the context of a requirement, means pay subject to any exception, waiver or reduction provided for in these Regulations, and related expressions shall be construed accordingly;
“product” means a medicinal product as defined in the 1971 Act save that–
it includes–
any substance or article to be administered in a medicinal test on animals under section 32(6)(c) of the Act; and
any Veterinary Medicinal Product which would not otherwise count as a medicinal product, and
it excludes medicated feedingstuffs.
“ Regulation (EC) No. 541/95 ” means Commission Regulation ( EC ) No. 541/95 concerning the examination of variations to the terms of a marketing authorisation granted by a competent authority of a Member State ;
“the 1994 Regulations” means the Marketing Authorisations for Veterinary Medicinal Products Regulations 1994 ;
“the 1997 Regulations ” means the Medicines (Products for Animal Use — Fees) Regulations 1997 ;
“relevant authority” insofar as it is used in relation to a marketing authorisation, or an application for, or relating to, such an authorisation, means the Ministers, and otherwise means the licensing authority;
“ third country ” means a country other than an EEA State or the United Kingdom;
“variation with extras”, in respect of a marketing authorisation, means changes falling within Annex II to Regulation (EC) No. 541/95;
“Veterinary Medicinal Product” means a veterinary medicinal product of the type specified in Article 1.2 of Directive 81/851/EEC and to which the provisions of that Directive apply; and
“ Veterinary Products Committee ” means the committee established by the Medicines (Veterinary Products Committee) Order 1970 .
2
Other expressions used in these Regulations have, in so far as the context admits, the same meanings as in Directive 81/851/EEC, Regulation (EC) No. 541/95, the Act and the 1971 Act.
3
In these Regulations, unless the context otherwise requires–
a
any reference to a numbered regulation or to a numbered Schedule is a reference to the regulation of or the Schedule to these Regulations so numbered in these Regulations;
b
any reference in a regulation or a Schedule or Part of a Schedule to a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule or Part of a Schedule in which the reference occurs; and
c
any reference in a Schedule or Part of a Schedule to a lettered table is a reference to the table so lettered in the Schedule or Part of a Schedule in which the reference occurs.
4
Part I of Schedule 1 shall have effect for the purpose of the interpretation of Schedule 1.
Applications for the grant of marketing authorisations, product licences, manufacturer’s licences, wholesale dealer’s licences and animal test certificates
3
1
Where a person applies for the grant of a marketing authorisation, a product licence, a manufacturer’s licence, a wholesaler dealer’s licence, or an animal test certificate, he shall pay the relevant fee prescribed in Part II of Schedule 1.
2
Paragraph (1) shall not be taken to impose any obligation on an applicant for a new marketing authorisation or product licence falling within regulation 11(2), or on an applicant for a variation with extras.
Applications for assistance in connection with mutual recognition
4
Where a person applies for assistance in connection with a mutual recognition application, he shall pay the relevant fee prescribed in Part III of Schedule 1.
Applications for variation of marketing authorisations, product licences, manufacturer’s licences, wholesale dealer’s licences and animal test certificates
5
1
Where a person applies to vary a marketing authorisation, a product licence, a manufacturer’s licence, a wholesale dealer’s licence or an animal test certificate, he shall pay the relevant fee prescribed in Part IV of Schedule 1.
2
This regulation extends to applications for a variation with extras.
Multiple variations
6
Where a person applies to vary a provision of a marketing authorisation, licence or certificate, no fee is payable in respect of any variation which is consequential upon another variation of a provision of the same marketing authorisation, licence or certificate applied for in the same application.
Variation at the invitation of the relevant authority
7
No fee is payable for a variation made at the express written invitation of the relevant authority.
Applications for renewal of marketing authorisations, product licences, manufacturers' licences and animal test certificates
8
Where a person applies–
a
for the renewal of a marketing authorisation, a product licence, a manufacturer’s licence or an animal test certificate, or
b
for a new marketing authorisation or product licence falling within regulation 11(2),
he shall pay the relevant fee prescribed in Part V of Schedule 1.
Applications for renewal of marketing authorisations, product licences, manufacturer’s licences and animal test certificates in terms which are not identical to the existing marketing authorisation, licence or certificate
9
Where a person applies for renewal of a marketing authorisation, a product licence, a manufacturer’s licence or an animal test certificate so as to contain variations (that is to say provisions which are not identical to those contained in that marketing authorisation, licence or certificate as in force at the date of that application), he shall pay the fee payable pursuant to regulation 8 plus the fee which would have been payable had the application been an application to vary the authorisation, licence or certificate in question.
Site inspections
10
1
Where the relevant authority carries out any inspection in connection with an application for the grant, variation or renewal of a manufacturer’s licence the applicant shall pay the relevant fee prescribed in Schedule 2.
2
The holder of a manufacturer’s licence shall pay the relevant fee prescribed in Schedule 2 in respect of any other inspection by the relevant authority of a site relating to that licence.
3
Where a manufacturing site in a third country is specified in a marketing authorisation or product licence, and the site is inspected by the relevant authority, the marketing authorisation or product licence holder shall pay the relevant fee prescribed in Schedule 2; and if there is more than one marketing authorisation or product licence in which the site in question is specified, liability to pay the relevant fee prescribed in Schedule 2 shall be divided between the holders of the marketing authorisations or product licences, as the case may be, in proportion to the number of marketing authorisations or product licences held for products manufactured at that site.
4
No fee is payable in respect of any inspection of a site carried out within 6 months of a previous inspection in order to ascertain whether an alteration or improvement to premises on that site, which was required in writing by the relevant authority as the result of that previous inspection, has been implemented.
Marketing authorisations and product licences: annual fees
11
1
The holder of any marketing authorisation or product licence shall, following each calendar year during which or part of which any product to which the marketing authorisation or product licence relates has been sold, supplied or manufactured, pay an annual fee calculated in accordance with Schedules 3 and 4 in respect of that year.
2
Where, during the course of the calendar year in question, a new marketing authorisation or product licence has been granted as part of an arrangement involving the termination of a previous marketing authorisation or product licence in respect of a product the characteristics of which are identical to that of the product covered by the new authorisation or licence, any sale, supply or manufacture of a product covered by the previous authorisation or licence shall for the purposes of paragraph (1) be treated as covered by the new authorisation or licence.
Manufacturer’s licences: annual fees
12
The holder of a manufacturer’s licence, other than one specified in paragraph 6(2) of Part II of Schedule 1, shall pay an annual fee of £190 following each anniversary of the grant of the licence.
Wholesale dealer’s licences: annual fees
13
1
The holder of a wholesale dealer’s licence, other than one specified in paragraph (2), shall pay an annual fee of £380 following each anniversary of the grant of the licence.
2
In the case of the holder of a wholesale dealer’s licence who has a turnover in products of less than £40,000 the annual fee for such a licence, if the payment is accompanied by a declaration certifying that turnover, is £185 and shall be payable following each anniversary of the grant of the licence.
3
For the purposes of this regulation, “turnover” means the gross value of all authorised or licensed products sold by way of wholesale dealing by the licence holder in the United Kingdom during the previous calendar year.
Registration of Homoeopathic Veterinary Medicinal Products
14
1
A person who applies to the Ministers to register a product shall pay the relevant fee prescribed in Part II of Schedule 5.
2
A person who applies to the Ministers to renew the registration of a product shall pay a fee of £75.
3
A person who applies to the Ministers for authorisation to alter an Article 8 dossier relating to a registered product shall pay a fee of £85.
4
No fee is payable in connection with an application for the registration of a product, for the renewal of a registration of a registered product, or for the authorisation to alter an Article 8 dossier relating to a registered product, which is made at the express written invitation of the Ministers.
5
The Ministers shall waive or refund payment of any fee otherwise payable under paragraph (1) in the circumstances and to the extent specified in Part III of Schedule 5.
6
For the purposes of this regulation and Schedule 5 the terms–
“Article 8 dossier”;
“the Board”;
“the Ministers”;
“product”; and
“registered”,
shall have the meanings respectively given to such terms by regulation 2(1) of the Registration of Homoeopathic Veterinary Medicinal Products Regulations 1997 , as read, in the case of the expression “the Ministers”, with regulation 2(5) of those Regulations, and related expressions shall be construed accordingly.
7
Part I of Schedule 5 shall have effect for the purpose of the interpretation of Schedule 5.
Marketing authorisations, product licences and animal test certificates: fees for references to the Veterinary Products Committee or to the Medicines Commission
15
In respect of any reference to the Veterinary Products Committee or to the Medicines Commission–
a
notified to an applicant under section 21 of the Act in connection with his application for the grant or renewal of a product licence or under that section as adapted by section 38 of the Act in connection with his application for the grant or renewal of an animal test certificate; or
b
in relation to which notification is given to an applicant under the 1994 Regulations in connection with his application for the grant or renewal of a marketing authorisation,
the applicant shall pay, within 14 days following notice of the reference being sent to him, the relevant fee prescribed in Schedule 6.
Payment of fees
16
1
Subject to paragraph (2), any fee payable under these Regulations shall be payable to the Minister of Agriculture, Fisheries and Food.
2
A fee payable under regulation 12 or 13 in relation to a manufacturer’s licence or wholesale dealer’s licence (and a fee payable in relation to any inspection carried out in connection with any such licence) shall be payable to the Secretary of State or the Minister of Agriculture, Fisheries and Food as may be indicated on the written notice requiring payment referred to in regulation 17(2).
3
Any unpaid sum due under these Regulations by way of any fee shall be recoverable as a debt.
Time for payment of fees
17
1
Subject to regulation 15 and paragraphs (2) and (3)(b), any fee payable under these Regulations in connection with any application shall be payable at the time of that application.
2
A fee payable under regulation 11, 12 or 13 or any fee for an inspection made either in connection with an application or during the currency of a marketing authorisation or licence shall be payable within 30 days from and including the date of written notice requiring payment of the fee being sent by post by the relevant authority to the person by whom the fee is payable.
3
If, for the purposes of processing or provision of assistance in connection with an application or carrying out an inspection, a particular fee has been paid and, following the determination of the application, completion of the provision of assistance or the inspection, it becomes apparent that–
a
a lesser fee was properly payable, the excess shall be refunded to that person; or
b
a higher fee was properly payable, the balance due shall be payable within 30 days from and including the date of the written notice requiring payment of the balance being sent by post by the relevant authority to that person.
4
The relevant authority need not and to the extent required by Regulation (EC) No. 541/95 shall not process an application in connection with–
a
a marketing authorisation, or
b
a manufacturer’s or wholesale dealer’s licence relating to products to which Directive 81/851/EEC applies,
until receipt of the appropriate fee, unless the application is a relevant variation application.
5
In the case of any relevant variation application relating to such an authorisation or licence, the relevant authority–
a
may by notice sent to the applicant specify the difference between the appropriate fee payable and the fee paid by the applicant, explain the reason for the difference and stipulate that, if the difference in question is not paid to the relevant authority by such a date as is specified in the notice (being at least 14 days after the date that the notice is sent), the application may not be further processed, and
b
if that difference is not paid, need not continue to process the application once the time specified for payment of that difference in the notice has expired, until receipt of that payment.
6
In relation to any application to which regulation 14 applies, paragraph (4) shall apply as if the application were an application (not being a relevant variation application) relating to a marketing authorisation and the Ministers (as defined in regulation 14) were the relevant authority.
7
For the purposes of paragraph (4), “relevant variation application” means any application falling within paragraph (b) of the definition of “individual variation” in Part I of Schedule 1 in relation to which a fee has been paid which is based on the applicant’s assessment of the fee payable but is less than the appropriate fee for the application.
Late payment of annual fees
18
1
Where a person fails to pay the annual fee or any part of such fee for a marketing authorisation or product licence within 30 days from and including the due date, he shall pay an additional fee equivalent–
a
where payment is received by the relevant authority after 30 but before 60 days have expired from and including the due date, to 1% of the annual fee payable;
b
where payment is received by the relevant authority after 60 but before 90 days have expired from and including the due date, to 2% of the annual fee payable; and
c
where payment has not been received by the relevant authority after the expiry of 90 days, to 5% of the annual fee payable.
2
In calculating the sum due under paragraph (1) the additional fee payable shall in all cases be rounded up to the nearest £10.
3
Where the person to whom regulation 11(1) applies has not furnished evidence of his annual turnover in accordance with the provisions of Part I of Schedule 3 so that the annual fee payable by him cannot be determined before the due date, he may make a payment of an amount on account of the annual fee payable by him.
4
Where a person to whom regulation 11(1) applies has made a payment on account in the circumstances mentioned in paragraph (3), any additional fee payable by him under this regulation shall be calculated as if, in paragraph (1) above, the reference to the annual fee payable were a reference to the difference between the payment on account and the amount of the annual fee as subsequently determined.
5
In this regulation, “due date” means the date of the written notice sent in accordance with regulation 17(2).
Suspension of licences and certificates
19
1
Where any sum payable under these Regulations remains unpaid by the holder of a licence or certificate, the relevant authority may send notice to him by post requiring payment of the sum unpaid and, if after a period of one month from the date of service of such notice, or such longer period as the relevant authority may allow, the said sum remains unpaid, the relevant authority may forthwith suspend the licence or certificate until such sum has been paid.
2
In paragraph (1), “licence” does not include a manufacturer’s or wholesale dealer’s licence relating to products to which Directive 81/851/EEC applies.
Waiver, reduction or refund of fees
20
The relevant authority may waive payment of any fee, reduce any fee or part of a fee otherwise payable under these Regulations or refund the whole or part of any fee already so paid–
a
in any of the circumstances specified in paragraphs 1 to 3 of Schedule 7, or
b
on an individual application for such waiver, reduction or refund, if the relevant authority concludes that exceptional circumstances justify the waiver, reduction or refund in question,
and shall do so in the circumstances specified in paragraph 4 of Schedule 7.
Revocation
21
Subject to regulation 22, the 1997 Regulations are hereby revoked.
Transitional provisions
22
1
Subject to paragraphs (2) and (3), these Regulations shall not apply in respect of any application made before the date these Regulations come into force.
2
A fee shall be payable in respect of any inspection made, after the date these Regulations come into force in connection with any application made before that date as if these Regulations applied to that application.
3
Where, in connection with an application to renew a marketing authorisation, licence or certificate made under the 1997 Regulations, the authorisation, licence or certificate is due to expire on or after the date these Regulations come into force, regulation 17(4) and (5) shall apply to that application as if the fee payable for the equivalent application under these Regulations were the appropriate fee payable.
4
Nothing in these Regulations shall have effect in relation to an annual fee relating to a calendar year earlier than 1997.
Signed by authority of the Secretary of State for Health
Hayman
Parliamentary Under Secretary of State,
Department of Health
24th September 1998
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
25th September 1998
Sewel
Parliamentary Under Secretary of State, Scottish Office
25th September 1998
Nick Brown
Minister of Agriculture, Fisheries and Food
29th September 1998
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this 24th day of September 1998
D.C. Gowdy
Permanent Secretary
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this 28th day of September 1998
P. Small
Permanent Secretary
We consent,
Clive Betts
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
25th September 1998


text:
Citation and commencement
1
1
This Order may be cited as the London Docklands Development Corporation (Transfer of Functions) Order 1998 and shall come into force subject to paragraph (2) on 31st March 1998.
2
If this Order is not made until after 30th March 1998, it shall come into force on the day after that on which it is made, instead of on 31st March 1998.
Interpretation
2
In this Order —
“the 1994 Act ” means the London Docklands Development Corporation Act 1994 and, unless the context otherwise indicates, references in this Order to sections are to sections of the 1994 Act;
“Area” means any of the following —
Area 1, comprising the areas shown bounded externally by red lines on Map 1;
Area 2, comprising the areas shown bounded externally by red lines on Map 2;
Area 3, comprising the areas shown bounded externally by red lines on Map 3; or
Area 4, comprising the areas shown bounded externally by red lines on Maps 4 and 5;
each of which is part of the designated areas ;
“ the Corporation ” means the London Docklands Development Corporation;
“the functions” means the functions conferred or imposed on the Corporation by or under the 1994 Act;
“Map 1”, “Map 2”, “Map 3”, “Map 4”, and “Map 5” are the five maps respectively so labelled and which are collectively entitled “Maps referred to in the London Docklands Development Corporation (Transfer of Functions) Order 1998”, one set of which, signed by an Under Secretary in the Government Office for London, has been deposited and is available for inspection at the offices of —
the Department of the Environment, Transport and the Regions;
the council of the London borough of Southwark;
the council of the London borough of Tower Hamlets;
the British Waterways Board; and
RODMA ;
“RODMA” means the company registered by the name of the Royal Docks Management Authority Limited with the registered number 2363622; and
“relevant transferee” means —
in relation to Area 1, the council of the London borough of Southwark;
in relation to Area 2, the council of the London borough of Tower Hamlets;
in relation to Area 3, the British Waterways Board; and
in relation to Area 4, RODMA.
Transfer of functions
3
Subject to the following provisions of this Order, in relation to each Area the functions are hereby transferred to the relevant transferee, and —
a
references in the 1994 Act to an officer of the Corporation shall be construed as references to an officer or an employee of the relevant transferee;
b
except in sections 2, 12, 13, 19, 20, 21, 22, and 31 references in the 1994 Act to the designated areas shall be construed as references to the Area and references to the waterside shall be construed as references to so much of the waterside as is within the Area;
c
references in the 1994 Act to the manager shall be construed as references to the manager appointed by the relevant transferee to manage the Area or any part of the Area and includes his authorised deputies and assistants and any person authorised by the relevant transferee to act in that capacity; and
d
anything which before the date of the coming into force of this Order was in the process of being done by, to or in relation to the Corporation in connection with any of the functions may be continued after that date by, to or in relation to the relevant transferee.
Deposited maps
4
Copies of the maps, and copies of the deposited map referred to in section 3, certified by an officer or an employee of the relevant transferee to be true shall be receivable in all civil or criminal proceedings and elsewhere as evidence of the contents of the maps or deposited map, as the case may be.
Byelaws
5
1
Any byelaws made under section 9 before the date of the coming into force of this Order, shall continue in force after that date as if, in relation to an Area or part of an Area, they had been made by the relevant transferee.
2
Subsections (3)(a) and (4)(b) of section 9 shall not apply in relation to byelaws to be made by a council of a London borough.
3
For the purposes of section 10(1), section 238 of the Local Government Act 1972 shall have effect as if the expression “proper officer” —
a
in relation to the British Waterways Board, referred to an employee of the Board appointed for the purposes of section 238; or
b
in relation to RODMA, referred to the company secretary of RODMA; or
c
in relation to the council of the London borough of Southwark or the council of the London borough of Tower Hamlets, had the same meaning as in section 270(3) of the Local Government Act 1972.
Restrictions on powers
6
1
The Secretary of State may give directions to a relevant transferee for restricting the exercise by it of any of its powers under the 1994 Act or for requiring it to exercise those powers in any manner specified in the directions.
2
Before giving a direction under paragraph (1) above, the Secretary of State shall consult the relevant transferee, unless the Secretary of State is satisfied that because of urgency consultation is impracticable.
3
A transaction between a person and a relevant transferee acting in purported exercise of its powers under the 1994 Act shall not be void by reason only that it was carried out in contravention of a direction given under paragraph (1) above, and such a person shall not be concerned to see or enquire whether a direction under that paragraph has been given or complied with.
Enactments
7
In relation to a relevant transferee, references to “any enactment” in paragraphs 4(1) and 5(2) of Schedule 4 to the 1994 Act shall be construed as references to the 1994 Act and any other enactment specifically referred to in the 1994 Act.
Signed by authority of the Secretary of State
Richard Caborn
Minister of State,
Department of the Environment, Transport and the Regions
17th March 1998


text:
1
The fees appearing in the Tables of the Schedule to this Order are established and are substituted for the fees appearing in the Tables of the Schedule to the Ecclesiastical Judges and Legal Officers (Fees) Order 1997 . The Tables of the Schedule contain particulars of the fees which are to be received, after the commencement of this Order, by the ecclesiastical judges and legal officers named in the Schedule for carrying out by them of the duties of their offices specified in the Schedule.
2
The Ecclesiastical Judges and Legal Officers (Fees) Order 1997 is hereby revoked.
3
a
Subject to the provisions of this paragraph nothing in this Order shall preclude a diocesan board of finance from agreeing to pay an additional fee to a diocesan registrar by way of annual fee or retainer (hereinafter called a “supplementary annual fee”) which is in addition to the annual fee or fees prescribed by Order made under the Ecclesiastical Fees Measure 1986.
b
An agreement made under sub-paragraph (a) above shall be expressed to be an agreement for a payment by way of supplementary annual fee.
c
An agreement made under sub-paragraph (a) above shall be in writing. The period for which the agreement is to run shall be stated in the agreement. In the absence of any such statement the agreement shall remain binding until determined by not less than three months' notice on either side.
d
The body responsible for paying a supplementary annual fee shall be the diocesan board of finance.
4
A fee specified in the Schedule to this Order shall be increased by a sum for reasonable expenses of travel, subsistence, accommodation and the holding of court hearings.
5
Where Value Added Tax is chargeable in respect of the provision of any service for which a fee is prescribed in this Order there shall be payable in addition to that fee the amount of the Value Added Tax.
6
This Order may be cited as the Ecclesiastical Judges and Legal Officers (Fees) Order 1998 and shall come into operation on the first day of January 1999.
J Laws
M J Colman
C A McLintock
G F Tattersall
D J V Wright
Dated this 26th day of May 1998
Approved by the General Synod the
P J C Mawer
Secretary-General
4th day of July 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Non-automatic Weighing Instruments (EEC Requirements) (Amendment) Regulations 1998 and shall come into force on 31st December 1998.
2
In these Regulations, the “ principal Regulations ” means the Non-automatic Weighing Instruments (EEC Requirements) Regulations 1995 .
Amendment of the principal Regulations
2
For regulations 28 to 37 inclusive of the principal Regulations there shall be substituted the following–
Restrictions on use of instruments for trade
28
1
An instrument marked with a weighing range may be used for trade for determining the weight of any item by ascertaining the difference between two weights (both of which fall within the weighing range), that is to say, the weight of that item and another item or items and the weight of that other or those other items only.
2
Save in accordance with paragraph (1) above, a person shall not use for trade an instrument marked with a weighing range for determining a weight outside that range in relation–
a
to, or to articles made from, gold, silver or other precious metals, including gold or silver thread or fringe;
b
to precious stones or pearls; or
c
to drugs or other pharmaceutical products.
3
A person shall not use for trade any instrument other than an instrument of accuracy classification as Class I or Class II in any transaction–
a
to, or to articles made from, gold, silver or other precious metals, including gold or silver thread or fringe;
b
to precious stones or pearls.
4
A person shall not use for trade an instrument carrying a marking in accordance with the EC type-approval certificate, or to which the restrictive use symbol referred to in paragraph 3 of Annex IV of the Directive applies, for a purpose which does not accord with the marking or the symbol.
5
A person shall not use a Class IIII instrument for trade for any purpose other than for weighing–
a
any of the materials to which the expression “ballast” applies in Schedule 4 to the 1985 Act;
b
any material the disposal of which constitutes a landfill disposal as defined in paragraph (2) of section 70 of the Finance Act 1996 , whether or not the disposal amounts to a taxable disposal as defined in section 40 of that Act; or
c
household, industrial or commercial waste.
6
A person shall not use for trade any instrument for the purpose of multiple weighing, that is to say, determining the mass of a load by totalling the results of more than one static weighing operation during each of which the load is only partially supported by the load receptor.
7
For the purposes of this regulation, the terms “household waste”, “industrial waste” and “commercial waste” shall be construed in accordance with section 75 of the Environmental Protection Act 1990 , provided that “waste” shall include any waste disposed of for reprocessing or recycling purposes but shall not include any radioactive waste as defined in section 2 of the Radioactive Substances Act 1993 .
Manner of erection of instruments
29
Where an instrument is fitted with one or more level-indicating devices, a person shall not use the instrument for trade unless each such device indicates that it has been set to its reference position.
Instruments marked with temperature range
30
Where an instrument is marked with a temperature range, a person shall not use the instrument for trade at temperatures outside that range.
Instruments marked with manner of use
31
Where an instrument is marked with the manner of use, a person shall not use the instrument for trade in a manner which does not accord with the marking.
Instruments fitted with printing devices
32
Where an instrument is fitted with a weight or any other printing device, a person shall not use the instrument for trade unless it is so erected and used that the printing device, when used, produces a legible and durable printout.
Load receptors
33
1
A person shall not use any instrument for trade unless it is erected and used in such a manner that, during a weighing operation, the load being weighed is stationary relative to the load receptor and supported only by the load receptor.
2
A person shall not use for trade an instrument for the purpose of sales by retail–
a
unless–
i
the load receptor is not less than 10 mm above any adjacent surface; or
ii
where the load receptor is less than 10 mm above any adjacent surface, the boundary of the top surface of all adjacent surfaces is durably marked in a distinctive and contrasting manner with a band at least 15 mm in width; or
b
if the load receptor is below the level of any adjacent surface.
Operation of instrument
34
Except as specified in the EC type-approval certificate, a person shall not use an instrument for trade unless it is erected in such a manner that the operator can, notwithstanding the nature of the instrument or its surroundings, readily take up a single position from which he can–
a
see directly or with the aid of mirrors, closed-circuit television or other permanently installed facilities, the whole of the unladen load receptor;
b
operate the instrument’s controls; and
c
obtain a weight reading from the instrument.
Weights marked with EEC initial verification marks to be used
35
1
Subject to paragraph (2) below, a person shall not use for trade a Class I or Class II instrument which is used in association with any weight or weights to determine the value of any load in terms of metric units of mass other than carat (metric) units, save in association with weights which bear the mark of EEC initial verification in accordance with–
a
the provisions of–
i
in the case of Class II instruments, Council Directive No. 74/148/EEC on above-medium accuracy weights , or
ii
in the case of Class I instruments, the said Directive except for those provisions relating to weights of Class F2 or Class M1; and
b
the provisions of paragraph 5 of Schedule 1 to the Measuring Instruments (EEC Requirements) Regulations 1988 .
2
The requirements of this regulation shall not apply to any instrument for use for trade in any transaction in drugs or other pharmaceutical products before 1st January 2003.
Instruments using decimal parts of pound
36
1
Before 1st January 2000 a person shall not use an instrument having weight scale intervals expressed solely in decimal parts of a pound for the purposes of a sale by retail unless the buyer is presented with a statement in writing of the weight of the goods.
2
On and after 1st January 2000 a person shall not use for trade an instrument having weight scale intervals expressed in decimal parts of a pound save by way only of a supplementary indication of the weight of the goods.
Instruments to be set to zero or to be balanced before use
37
1
Subject to paragraph (2) below, a person shall not use an instrument for trade unless it is properly balanced or set to zero immediately prior to use.
2
Paragraph (1) above shall not apply in the case of an instrument of an approved type if, in the EC type-approval certificate, it is described as not being so constructed as to balance when unloaded.
.
Kim Howells
Parliamentary Under Secretary of State for Competition and Consumer Affairs,
Department of Trade and Industry
3rd December 1998


text:
Citation and commencement
1
This Order may be cited as the Queen Mary’s Sidcup National Health Service Trust (Establishment) Amendment Order 1998 and shall come into force on 10th June 1998.
Amendment of NHS trust Establishment Order
2
In Article 3 of the Queen Mary’s Sidcup National Health Service Trust (Establishment) Order 1992 (functions of the trust) —
a
in paragraph (1) for “section 5(1)(a)” there shall be substituted “section 5(1)(b)”; and
b
for paragraph (2) there shall be substituted the following paragraph: —
2
The trust’s functions shall be to provide and manage Queen Mary’s Hospital, Sidcup, Kent DA14 6LT and any other premises which are for the time being associated with this hospital, and there to provide hospital accommodation and services.
.
Signed by authority of the Secretary of State for Health
Alan Milburn
Department of Health
29th May 1998


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Cod (Specified Sea Areas) (Prohibition of Fishing) Order 1998 and shall come into force on 12th May 1998.
2
In this Order —
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned;
“length”, in relation to a boat, means the length calculated in accordance with the rules specified in Article 2(1) of Council Regulation ( EEC ) No. 2930/86 defining characteristics for fishing vessels as amended ; “sea area” means a statistical division or sub-area of the International Council for the Exploration of the Sea specified in the Schedule hereto.
Prohibition and Exception
2
1
Subject to paragraph (2) below, fishing —
a
by any British fishing boat registered in the United Kingdom within any part of a sea area; or
b
by any other British fishing boat within any part of a sea area which lies within British fishery limits
for cod ( Gadus morhua ) in sea areas ICES Statistical Divisions VIIb, c, d, e, f, g, h, j and k is prohibited during the period beginning with the date of coming into force of this Order and ending immediately before 1st January 1999.
2
The prohibition in paragraph (1) above shall not apply to any boat whose length exceeds 10 metres, except in the case of any boat when used for the purpose of conveying persons wishing to fish for pleasure.
Powers of British sea-fishery officers in relation to fishing boats
3
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) below —
a
anywhere in relation to any British fishing boat registered in the United Kingdom; and
b
in any water adjacent to the United Kingdom and within British fishery limits in relation to any other British fishing boat.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits he may —
a
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
6th May 1998
Sewel
Parliamentary Under Secretary of State, Scottish Office
8th May 1998
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
7th May 1998
Dubs
Parliamentary Under Secretary of State for Northern Ireland
7th May 1998


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


text:
1
This Order may be cited as the Finance Act 1998, Schedule 2, (Appointed Day) Order 1998.
2
1
Subject to paragraph (2) below of this article, the day appointed as the day on which Schedule 2 to the Finance Act 1998 comes into force is 1st October 1998.
2
Paragraph (1) above of this article does not apply in relation to the following paragraphs of Schedule 2 to the Finance Act 1998–
a
paragraph 6; and
b
paragraphs 8(3), 9(4) and 10(c), insofar as each of those paragraphs concerns section 2 of the Finance ( No. 2) Act 1992 .
D.J. Howard
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London,
SE1 9PJ
14th September 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Royal Brompton and Harefield National Health Service Trust (Establishment) Order 1998 and shall come into force on 1st April 1998.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“the trust” means the Royal Brompton and Harefield National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is hereby established an NHS trust which shall be called the Royal Brompton and Harefield National Health Service Trust.
Functions of the trust
3
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more Health Authorities) shall be to provide and manage pursuant to section 5(1)(b) of the Act:
i
the Royal Brompton National Heart and Lung Hospital, Sydney Street, Chelsea, London SW3 6NP,
ii
Harefield Hospital, Harefield, Middlesex UB9 6JH
and associated hospitals and facilities, and there to provide hospital accommodation and services (including the management of teaching and research facilities).
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 executive directors and 5 non-executive directors.
Significant teaching commitment
5
1
The trust is to be regarded as having a significant teaching commitment by virtue of paragraph 3(2)(b) of Schedule 2 to the Act.
2
One of the non-executive directors of the trust shall be appointed from the University of London.
Operational date and accounting date of the trust
6
1
The operational date of the trust shall be 1st April 1998.
2
The accounting date of the trust shall be 31st March.
Restriction on disposal of assets
7
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,
Department of Health
17th March 1998