text:
Citation and commencement
1
This Order may be cited as the Blackburn with Darwen Education Action Zone Order 1998 and shall come into force on 31st August 1998.
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.
Revocation
3
The Blackburn and Darwen Education Action Zone Order 1998 is hereby revoked.
Constitution of education action zone
4
The schools listed in Schedule 2 to this Order shall constitute collectively an education action zone under the name of the Blackburn with Darwen Education Action Zone (“the zone”) for the purposes of Chapter III of Part I of the School Standards and Framework Act 1998.
5
1
There shall be an Education Action Forum for the zone, the membership of which shall include–
a
one person appointed by the governing body of each zone school, unless any such governing body chooses not to make such an appointment;
b
either one or two persons appointed by the Secretary of State; and
c
one or more persons appointed by each partner, the maximum number of persons who may be appointed by each partner being specified in Schedule 1 to this Order in relation to each partner, unless any partner chooses not to make such appointments;
d
three persons appointed by Blackburn with Darwen Borough Council (unless they choose not to make such an appointment) each of whom are members of that Council elected for one of the following wards–
Higher Croft
Queen’s Park
Shadworth
Sudell
Little Harwood with Whitebirk
Sunnyhirst
and any person so appointed shall cease to hold office as a member of the Forum if he ceases to be a member of Blackburn with Darwen Borough Council elected for any of those wards.
2
Where a partner is an individual he may appoint himself under paragraph (1)(c), but he shall cease to hold office as a member of the Forum if he ceases to hold the office by virtue of which he is a partner.
6
The Forum may at any time appoint not more than 5 additional members from persons appearing to them to represent the interests of–
a
sponsoring businesses;
b
parents of children aged 16 years or under resident in the area served by the zone schools;
c
a voluntary sector agency active in the zone; and
d
persons involved in the provision of education in the area served by the zone schools.
Disqualification from membership of the Forum
7
Articles 8 to 10 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
8
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
9
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
10
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
11
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 such period.


type: legislation

jurisdiction: UK

text:
1
The new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The length of trunk road described in Schedule 2 to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall become an unclassified road as from the date on which the Secretary of State notifies the County Council of Pembrokeshire that the new trunk road is open for through traffic.
4
In this Order: —
all measurements of distance are measured along the route of the relevant highway;
i
“the deposited plan”
means the plan numbered HA10/2 WO128 marked the Haverfordwest to Milford Haven Trunk Road (A4076) (Victoria Bridge, Milford Haven Improvement) Order 1998, signed by authority of the Secretary of State and deposited at the Welsh Office Repository, Curran Embankment, Cardiff;
ii
“the new trunk road”
means the highway mentioned in Article 1 of this Order;
iii
“the trunk road”
means the Haverfordwest to Milford Haven Trunk Road (A4076).
5
This Order shall come into force on 30th January 1998 and may be cited as the Haverfordwest to Milford Haven Trunk Road (A4076) (Victoria Bridge, Milford Haven Improvement) Order 1998.
Signed by authority of the Secretary of State.
D M Timlin
Head of Roads Administration Division Welsh Office
22nd January 1998


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Incapacity for Work) (General) Amendment Regulations 1998 and shall come into force on 6th April 1998.
Amendment of the Social Security (Incapacity for Work) (General) Regulations 1995
2
In regulation 17 of the Social Security (Incapacity for Work) (General) Regulations 1995 (exempt work), in sub-paragraph (a) of paragraph (2), for “£46.50” there shall be substituted “£48.00”.
Signed by authority of the Secretary of State for Social Security.
Frank Field
Minister of State,
Department of Social Security
25th February 1998


text:
Commencement and citation
1
This Order may be cited as The A10 Trunk Road (Haringey) Red Route Traffic Order 1997 Variation Order 1998, and shall come into force on 30th January 1998.
Variations
2
The A10 Trunk Road (Haringey) Red Route Traffic Order 1997 is varied as provided by the provisions of this Order.
3
In Schedule 3A item 1 is substituted as follows:
Great Cambridge Road (A10) — east side, between a point 3.0 metres north of the party wall of Nos. 40 and 42 Great Cambridge Road and a point opposite the party wall of Nos. 36 and 38 Great Cambridge Road.
4
In Schedule 3A item 2 is substituted as follows:
Great Cambridge Road (A10) — west side, between a point opposite the party wall of Nos. 19 and 21 Great Cambridge Road and a point opposite the party wall of Nos. 23 and 25 Great Cambridge Road.
5
In Schedule 2B new items are added as follows:
1. Great Cambridge Road (A10) — east side, between a point opposite the party wall of Nos. 36 and 38 Great Cambridge Road and a point opposite the party wall of Nos. 32 and 34 Great Cambridge Road. 7am–7pm Monday–Saturday Inclusive 20 mins 40 mins 2. Great Cambridge Road (A10) — west side, between a point 1.5 metres north of the party wall of Nos. 15 and 17 Great Cambridge Road and a point opposite the party wall of Nos. 19 and 21 Great Cambridge Road. 7am–7pm Monday–Saturday Inclusive 20 mins 40 mins
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
15th January 1998


text:
Citation and commencement
1
These Regulations may be cited as the Education (Grants to Aided and Special Agreement Schools) Regulations 1998 and shall come into force on 1st July 1998.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Education Act 1996;
“associated school property” has the meaning given by regulation 4 below;
“eligible expenditure” means qualifying expenditure in respect of which the Secretary of State determines that a grant should be made in any particular case;
“market value” in relation to property means the value which that property might reasonably be expected to fetch on a sale in the open market as determined by the district valuer (within the meaning of section 622 of the Housing Act 1985 );
“net proceeds of disposal” means the proceeds of disposal of associated school property (other than disposal by way of the grant of a lease) less —
the incidental costs of making the disposal;
any expenditure incurred with the prior approval of the Secretary of State —
on making or keeping the property safe or secure until disposal,
which is necessary to effect a disposal, other than the incidental costs of making the disposal, or
on the payment of the premiums on any policy of insurance relating to the property; and
any payments made to the local education authority pursuant to a determination by the Secretary of State under section 60(4) or 62(2) of the Act;
“relevant school” in the context of the making of a grant means the school or proposed school in respect of which the grant is made.
2
For the purposes of the definition of “net proceeds of disposal” in paragraph (1) above the incidental costs of making the disposal shall consist of expenditure wholly and exclusively incurred for the purposes of the disposal being fees, commission or remuneration paid for the professional services of any surveyor, valuer, auctioneer, accountant, agent or legal adviser and the costs of transfer or conveyance together with costs of advertising to find a buyer.
Amount of grant
3
1
Subject to regulations 5 and 6, where grant is made in respect of qualifying expenditure of any of the classes or descriptions specified in paragraph (2) below the grant shall be 85% of
( A - B )
where —
A is eligible expenditure; and
B is,
in a case where associated school property is disposed of by way of sale (having not been previously disposed of by way of lease), the net proceeds of disposal of such property to the extent that such proceeds have become or are expected to become available to the governing body or to the trustees of the relevant school;
in a case where associated school property is disposed of by way of lease and the rent of such property has become or is expected to become available to the governing body or to the trustees of the relevant school, the market value of such property.
2
The classes or description of qualifying expenditure referred to in paragraph (1) above are —
a
expenditure in respect of the provision of buildings for a school which has transferred to a new site under the authority of an order made under section 47 of the Act;
b
expenditure in respect of the provision of a site and buildings for a school established pursuant to proposals approved by the Secretary of State under section 43 of the Act (whether or not an order has also been made under section 46(2) of the Act);
c
expenditure in respect of the provision of a site and buildings for a school which has transferred to a new site pursuant to proposals approved by the Secretary of State under section 43 of the Act;
d
expenditure in respect of the provision of a site or buildings consequent on the making of a significant change in the character of a school pursuant to proposals approved by the Secretary of State under section 43 of the Act;
e
expenditure in respect of the provision of a site and buildings necessary for a significant enlargement of the premises of the school pursuant to proposals approved by the Secretary of State under section 43 of the Act;
f
expenditure in respect of alterations to the premises of the school.
3
In paragraph (1) above references to the proceeds of disposal or to rent becoming available to the trustees of the relevant school include cases where such proceeds or rent becomes available to the trustees by virtue of an order under section 554 of the Act.
Meaning of associated school property
4
For the purposes of these Regulations associated school property is property other than a teacher’s dwelling house which was used for the purposes of or in connection with the school but in consequence of the establishment, transfer to a new site, significant change of character, significant enlargement of premises or alteration of the premises of the relevant school, is no longer so used.
Mixed trusts etc.
5
1
Where the associated school property was held by a charity established for charitable purposes which are partly educational purposes and partly other purposes the value of B for the purpose of regulation 3 above shall be the proportion of the net proceeds of disposal of the associated school property or, as the case may be, its market value that is determined by the Secretary of State to be attributable to the educational purposes of the charity.
2
Where —
a
the Secretary of State has made an order under section 554 of the Act relating to an endowment the assets of which are or include the associated school property or its proceeds of disposal; and
b
such an order makes provision for the application of part of such assets towards a religious education fund,
the value of B in regulation 3 above shall be reduced by the value of the assets constituting the religious education fund, valued at the date of the establishment of that fund, or, where associated school property is disposed of by way of sale and the fund was established before the date of the sale, at the date of completion of the sale.
Supplementary
6
1
Where at the time a grant is made it appears to the Secretary of State that there is associated school property in relation to the relevant school which has not at the time of making the grant been disposed of, grant shall be made either —
a
in accordance with regulation 3, but taking B in the formula in that regulation as the market value of the property; or
b
(if the Secretary of State so determines) in accordance with regulation 3, but taking B in the formula in that regulation as zero.
2
Where paragraph (1) applies and grant was paid in accordance with paragraph (1)(a) the grant shall be made subject to a requirement that —
a
if and when the associated school property is disposed of by way of sale (having not been previously disposed of by way of lease); and
b
if the net proceeds of disposal are greater than the market value which was taken into account in determining the grant,
the governing body repay to the Secretary of State the difference between the grant paid and the grant which would have been paid if the grant had been paid after the property had been disposed of.
3
Where paragraph (1) applies and grant was paid in accordance with paragraph (1)(b) the grant shall be subject to a requirement that if and when the associated school property is disposed of by way of sale the governing body repay to the Secretary of State the difference between the grant paid and the grant which would have been paid if the grant had been paid after the property had been disposed of.
4
Where —
a
grant was paid in accordance with the provisions of paragraph (1)(a),
b
the associated property is disposed of by way of sale (having not been previously disposed of by way of lease), and
c
the net proceeds of disposal are less than the market value which was taken into account in determining the grant,
the grant shall be re-determined after the completion of the sale in accordance with regulation 3 and further payment of grant accordingly made by the Secretary of State to the governing body.
Stephen Byers
Minister of State,
Department for Education and Employment
11th May 1998
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
13th May 1998


text:
Title, extent and commencement
1
These Regulations may be cited as the Fertilisers (Mammalian Meat and Bone Meal) Regulations 1998, shall extend to Great Britain and shall come into force on 30th April 1998.
Interpretation
2
In these Regulations —
“agricultural land” means land used or capable of use for the purposes of a trade or business in connection with agriculture;
“agriculture” includes fruit growing, seed growing, dairy farming and livestock breeding and keeping, the use of land as grazing land, meadow land, osier land, the use of land for woodlands, and horticulture (except the propagation of plants and the growing of plants within greenhouses and glass or plastic structures);
“mammalian meat and bone meal” means mammalian protein derived from the whole or part of any dead mammal by the process of rendering;
“protein” means any proteinaceous material, except —
any milk product;
dicalcium phosphate derived from bones;
dried plasma or any other blood product;
gelatin; or
amino acids produced from hides and skins by a process which involves exposure of the material to acid of a pH lower than 2 followed by alkali of a pH greater than 11 and heat treatment at a minimum of 140°C for 30 minutes at a pressure of 3 bar.
Prohibition on mammalian meat and bone meal as or in fertiliser on agricultural land
3
1
No person shall sell or have in his possession with a view to sale, for use as a fertiliser on agricultural land, any mammalian meat and bone meal or any material derived from or containing mammalian meat and bone meal to any extent.
2
No person shall use on agricultural land as a fertiliser any mammalian meat and bone meal or any material derived from or containing mammalian meat and bone meal to any extent.
Restriction on mammalian meat and bone meal as or in fertiliser in other cases
4
1
Subject to paragraph (2) below, no person shall —
a
sell or have in his possession with a view to sale, for use as a fertiliser on any land other than agricultural land; or
b
use as a fertiliser on any such land,
any mammalian meat and bone meal or any material derived from or containing mammalian meat and bone meal to any extent unless the mammalian meat and bone meal concerned was manufactured in accordance with regulation 3 of the Fertilisers (Mammalian Meat and Bone Meal) (Conditions of Manufacture) Regulations 1998 .
2
Nothing in paragraph (1) above shall prevent —
a
the sale for use on any land other than agricultural land;
b
the possession with a view to such sale; or
c
the use on any such land,
of any fertiliser consisting solely of mammalian meat and bone meal or derived from or containing mammalian meat and bone meal to any extent if that mammalian meat and bone meal was manufactured before the date of coming into force of these Regulations and the contract for its purchase by the manufacturer of that fertiliser was made before that date.
3
In this regulation, the references to mammalian meat and bone meal being “manufactured” are references to the rendering process by which the mammalian meat and bone meal concerned was derived.
Revocations
5
The Fertilisers (Mammalian Meat and Bone Meal) Regulations 1996 and the Fertilisers (Mammalian Meat and Bone Meal) (Amendment) Regulations 1996 are hereby revoked.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
30th March 1998
Sewel
Parliamentary Under Secretary of State, Scottish Office
30th March 1998
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
2nd April 1998


text:
Title and commencement
1
These Regulations may be cited as the Cattle Identification (Amendment) Regulations 1998 and shall come into force on 1st January 1999.
Amendment to the Cattle Identification Regulations
2
1
The Cattle Identification Regulations 1998 are amended in accordance with this Regulation.
2
For paragraph (3) of regulation 3 (the maximum time within which an eartag must be applied to an animal) there is substituted the following–
3
In accordance with Article 4.2 of the Council Regulation–
a
in the case of a dairy herd, the keeper shall apply one eartag to the animal within 36 hours of the birth of the animal, and the second eartag–
i
within 30 days of the birth of an animal born before 1st January 2000, or
ii
within 20 days of the birth of an animal born on or after 1st January 2000;
b
in the case of any other herd the keeper shall apply the eartags to the animal–
i
within 30 days of the birth of an animal born before 1st January 2000, or
ii
within 20 days of the birth of an animal born on or after 1st January 2000.
.
3
The following paragraph is inserted between paragraphs (1) and (2) of regulation 13 (application for a cattle passport)–
1A
For the purpose of paragraph (1) above, the period within which the keeper shall apply for a cattle passport shall be calculated, in the case of a dairy herd, from the date on which the second eartag is applied to the animal.
.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
25th November 1998
Sewel
Parliamentary Under Secretary of State, Scottish Office
28th November 1998


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Sheep and Goats Spongiform Encephalopathy Regulations 1998 and shall come into force on 29th July 1998.
2
These Regulations shall extend to Great Britain.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“the appropriate Minister” means, in relation to England, the Minister of Agriculture, Fisheries and Food, and in relation to Scotland or to Wales, the Secretary of State;
“the Commission Decision ” means Commission Decision 98/272/ EEC on epidemio-surveillance for transmissible spongiform encephalopathies;
“the disease” means any transmissible spongiform encephalopathy in sheep and goats;
“ the Minister ” means, in relation to the whole of Great Britain, the Minister of Agriculture, Fisheries and Food;
“premises” means any place (including any structure or vehicle) in which sheep or goats may be grazed, handled, held or kept;
“the Sheep and Goats Order ” means the Sheep and Goats Spongiform Encephalopathy Order 1998 ;
“transmissible spongiform encephalopathy” has the same meaning in these Regulations as in the Commission Decision; and
“veterinary inspector” means a veterinary inspector appointed by the appropriate Minister.
Investigation of the disease in sheep and goats
3
1
If a veterinary inspector has reasonable grounds for supposing that the disease exists or has existed on any premises, he shall, with all practicable speed, carry out any investigation he believes may be necessary to establish the correctness of that supposition.
2
For the purposes of such an investigation in relation to any premises, a veterinary inspector or an officer of the appropriate Minister may —
a
inspect and examine any sheep or goat or any carcase of a sheep or goat on the premises;
b
make such tests in relation to, and take such samples from, any sheep or goat or any carcase of a sheep or goat on the premises as he may consider necessary for the purpose of diagnosis or research in relation to the disease;
c
mark for identification purposes any sheep or goat or any carcase of a sheep or goat on the premises; and
d
examine any record on the premises, and any information relating to sheep and goats contained in any computer accessible from the premises, which he believes may be relevant to any test, sampling, marking or examination under these Regulations.
3
The occupier of the premises and his employees, and any person who is or has been in possession or charge of any animal or carcase which is or has been on the premises, shall —
a
provide such reasonable facilities and comply with such reasonable requirements as are necessary for the purposes of any investigation of the disease under this regulation; and
b
if so required by a veterinary inspector or an officer of the appropriate Minister, give such information as he possesses as to —
i
any animal or carcase which is or has been on the premises;
ii
any other animal or carcase with which any animal or carcase which is or has been on the premises may have come into contact; and
iii
the location and movement of any animal or carcase which is or has been in his possession or charge.
4
A veterinary inspector or an officer of the appropriate Minister shall, on producing if so required some duly authenticated document showing his authority, have a right at all reasonable hours —
a
to enter any premises, including any part of any premises occupied as or contiguously with a private dwelling —
i
for the purpose of ascertaining whether any sheep or goat is being or has been kept on the premises;
ii
for any other purpose connected with an investigation of the disease under this regulation,
iii
for any purpose connected with the imposition of restrictions on movement of any sheep or goat under article 4 of the Sheep and Goats Order; or
iv
for any purpose connected with the application of section 32 of the Animal Health Act 1981 to the slaughter of sheep or goats under article 7 of the Sheep and Goats Order; or
b
to enter any premises (other than any premises occupied as a private dwelling) for the purpose of ascertaining whether there is on the premises any evidence of any contravention of the provisions of these Regulations.
5
If a justice of the peace, on sworn information in writing, is satisfied that there is reasonable ground for entry into any premises (other than any premises occupied as a private dwelling) for any such purpose as is mentioned in paragraph (4) above and that either —
a
admission to the premises has been refused, or a refusal is apprehended, and that notice of the intention to apply for a warrant has been given to the occupier; or
b
an application for admission, or the giving of such a notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier temporarily absent,
the justice may by warrant signed by him authorise a veterinary inspector or an officer of the appropriate Minister to enter the premises, if need be by reasonable force.
6
In the application of this regulation to Scotland any reference to a justice of the peace includes a reference to the sheriff and to a magistrate.
7
A veterinary inspector or an officer of the appropriate Minister, when entering any premises for any of the purposes mentioned in paragraph (4) above, or when on any premises for any such purpose, may —
a
seize, detain and require the production of any information or record (in whatever form the information or record is held, including any kept by means of a computer) which he has reason to believe may be required as evidence in proceedings under any of the provisions of these Regulations;
b
take with him such other person as he considers necessary to carry out any checks and examinations under these Regulations; and
c
take with him a representative of the European Commission acting for any purposes in relation to the Commission Decision.
Obstruction
4
1
No person shall —
a
intentionally obstruct any person acting in the execution of these Regulations;
b
without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the purpose of carrying out his functions under these Regulations; or
c
furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.
2
Nothing in paragraph (1)(b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Offences and penalties
5
1
Any person who, without lawful authority or excuse, proof of which shall lie on him —
a
defaces, obliterates or removes any mark applied to any sheep or goat or carcase under regulation 3(2)(c) above;
b
contravenes or fails to comply with regulation 3(3) above or 4(1) above; or
c
knowingly causes or permits any such contravention or non-compliance,
shall be guilty of an offence.
2
A person guilty of an offence under these Regulations shall be liable —
a
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both;
b
on summary conviction to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or to both.
Offences by bodies corporate
6
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar person of the body corporate, or
b
any person who was purporting to act in any such capacity,
he, as well as the body corporate, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1) above, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
3
Where an offence under these Regulations which has been committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Enforcement
7
The provisions of these Regulations shall be executed and enforced by the appropriate Minister.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
7th July 1998
Sewel
Parliamentary Under Secretary of State, Scottish Office
3rd July 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Tynedale (Electoral Changes) Order 1998.
2
This Order shall come into force for all purposes on 6th May 1999, except that for the purpose of all proceedings preliminary or relating to an election to be held on or after that date this Order shall come into force on 10th October 1998.
3
In this Order–
“the district” means the district of Tynedale;
“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 Tynedale (Electoral Changes) Order 1998”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of Tynedale
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into thirty one 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, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or other similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Hexham
3
1
The existing wards of the parish of Hexham shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the district ward specified in respect of the 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 the parish ward in column (3) of that Schedule.
Wards of the parish of Prudhoe
4
1
The existing wards of the parish of Prudhoe shall be abolished.
2
The parish shall be divided into five parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the district ward specified in respect of the 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 the parish ward in column (3) of that Schedule.
Numbers of parish councillors
5
1
The number of councillors to be elected for the parish of Ovingham shall be eight.
2
The number of councillors to be elected for the parish of Slaley shall be six.
3
The number of councillors to be elected for the parish of Simonburn shall be six.
Revocation
6
The District of Tynedale (Electoral Arrangements) Order 1976 is hereby revoked.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
21st September 1998


text:
Citation and commencement
1
These Regulations may be cited as the River Ewe Salmon Fishery District (Baits and Lures) Regulations 1998 and shall come into force on 1st April 1998.
Specification of baits and lures and area of application
2
1
Natural prawns and shrimps (whether fresh or preserved, dyed or natural colour) and any part thereof are hereby specified as baits and lures for the purposes of the definition of “rod and line” in section 24(1) of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 .
2
These Regulations shall apply to the River Ewe Salmon Fishery District.
G.M.Thomson
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
6th March 1998


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


text:
Citation and commencement
1
This Order may be cited as the East Renfrewshire (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 East Renfrewshire Council shall be divided into 20 wards, having the names, contents and boundaries set forth in the Schedule to this Order.
Henry B McLeish
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
4th December 1998