text:
PART I
GENERAL
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Partnership Grant) Regulations 1998, and shall come into force on 5th June 1998.
2
These Regulations apply only in relation to schools and LEAs in England.
Interpretation
2
In these Regulations —
“the 1996 Act ” means the Education Act 1996;
“approved expenditure” —
in relation to partnership grant, means expenditure approved by the Secretary of State under regulation 3(2); and
in relation to research grant, means expenditure approved by him under regulation 5(2);
“independent school” means a registered school (as defined in section 465 of the 1996 Act);
“ LEA ” means a local education authority;
“maintained school” means —
a school maintained by an LEA,
a special school not so maintained, or
a grant-maintained school.
“partnership grant” means grant payable under regulation 3;
“partnership project” has the meaning specified in regulation 3(1);
“project organiser” means any person (including an LEA or the proprietor of an independent school but not the governing body of a maintained school) who the Secretary of State is satisfied is organising or intends to organise a partnership project;
“research grant” means grant payable under regulation 5; and
references to a “school” include (except where the context otherwise requires) references to the proprietor thereof and persons acting with the proprietor’s authority.
PART II
PAYMENT OF GRANTS
Partnership grant
3
1
In these Regulations “partnership project” means a scheme in which a group of schools, which must include at least one independent and one maintained school, agree to co-operate with each other and, where the schools in the group so agree, with other persons (who may include an LEA) for the purpose of taking measures designed —
a
to widen the educational opportunities of pupils attending one or more of the schools in that group, and
b
to contribute towards the raising of standards of education provided for such pupils.
2
Subject to paragraph (4), the Secretary of State may pay grants (“partnership grant”) to a project organiser in respect of expenditure incurred or to be incurred by that person in connection with the organisation and operation of a partnership project, but only to the extent to which that expenditure is approved by the Secretary of State for the purposes of this regulation.
3
Without prejudice to the generality of paragraph (2), the Secretary of State may in particular pay partnership grant in respect of approved expenditure incurred or to be incurred in connection with —
a
the release from their normal duties of teachers and other school staff to work on a partnership project;
b
the remuneration of persons engaged to work on a partnership project (but not remuneration which would be payable whether or not they were so engaged);
c
the support, training, or professional development of governors, teachers and other school staff engaged on a project;
d
the provision of transport for pupils and staff to and from premises used in relation to a project;
e
equipment, books, computer hardware and software, and other materials used in relation to a project;
f
the costs associated with entering a pupil for any examination (but only where he would not have been so entered apart from his school’s participation in a project);
g
auditing, monitoring or other evaluation of a project.
4
Where the project organiser is an LEA, partnership grant shall be payable only in respect of expenditure referred to in paragraph (2) incurred or to be incurred by that authority in a financial year to the extent to which that expenditure is approved for that year by the Secretary of State.
Partnership grant in respect of payments to third parties
4
Where —
a
a project organiser incurs expenditure in making payments to any other person (including the proprietor or the governing body of a school participating in a project) who incurs expenditure in connection with a partnership project, and
b
that expenditure of the person to whom the payments are made would be approved expenditure if it were expenditure of the project organiser,
such payments shall to that extent be treated as approved expenditure for the purposes of regulation 3.
Grant for research into partnership projects
5
1
Subject to paragraph (2), the Secretary of State may also pay grants to a person (other than an LEA) in respect of expenditure incurred or to be incurred by that person for the purposes of carrying out research into partnership projects, including the evaluation of —
a
particular aspects of individual projects, or
b
the effectiveness of projects.
2
Research grant may be paid only in respect of expenditure which is approved by the Secretary of State.
Rate of grant
6
1
Subject to paragraph (2), grant paid under these Regulations may be of an amount constituting reimbursement of the approved expenditure to which it relates, or of a lesser sum determined by the Secretary of State.
2
In relation to a partnership project where the project organiser is an LEA, partnership grant shall be payable at the rate of 100 per cent. of approved expenditure.
Payment of grant
7
Payments of grant under these Regulations shall be made at such times and in such instalments as the Secretary of State thinks appropriate.
PART III
SUPPLEMENTAL
Conditions of payment
8
The making of payments of grant under these Regulations shall be dependent upon the fulfilment of such conditions as may be specified by the Secretary of State.
Requirements to be observed
9
1
Any person to whom grant is paid under these Regulations shall comply with such requirements as may be determined by the Secretary of State in the case in question.
2
Without prejudice to the generality of paragraph (1), requirements determined under this regulation may include requirements as to —
a
the repayment of grant;
b
the payment to the Secretary of State of other sums related to the value of assets acquired, provided or improved —
i
with the aid of grant, or
ii
(in relation to partnership grant) by any other person referred to in regulation 4 with the aid of payments made by the project organiser in respect of which grant has been paid;
c
the payment of interest on sums due to the Secretary of State;
d
the keeping of such records and accounts, and the provision to the Secretary of State of such information, documents, returns and accounts as the Secretary of State may from time to time require.
3
The Secretary of State may determine to withdraw a requirement imposed under this regulation or, after consulting the person upon whom it is imposed, vary such a requirement.
Stephen Byers
Minister of State,
Department for Education and Employment
12th May 1998


type: legislation

jurisdiction: UK

text:
Commencement and citation
1
This Order may be cited as The A10 Trunk Road (Haringey) Red Route (Prohibited Turn) Traffic Order 1998, and shall come into force on 5th August 1998.
Intepretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
causing includes permitting;
c
“West Green Road” means the road of that name in the London Borough of Haringey.
Prohibited Turn
3
Subject to the provisions of article 4 no person shall cause any vehicle to turn left from A10 High Road into West Green Road.
Exemptions
4
The provisions specified in article 3 shall not apply in respect of —
i
any vehicle being used for fire brigade, ambulance or police purpose, or
ii
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
22nd July 1998


text:
Citation and commencement
1
1
This Order may be cited as the County of Carmarthenshire (Electoral Arrangements) Order 1998.
2
This Order shall come into operation on 6th May 1999 except that for the purposes of all proceedings preliminary or relating to an election to be held on or after that day, it shall come into force immediately.
Electoral divisions
2
1
The existing electoral divisions of the County of Carmarthenshire shall be abolished and the County shall be divided into 58 electoral divisions which shall bear the names set out in column (1) of the Schedule to this Order, and each such electoral division shall comprise the area specified opposite thereto in column (2) of that Schedule.
2
The number of councillors to be returned for each such electoral division shall be the number specified opposite thereto in column (3) of the Schedule to this Order.
Register of local government electors
3
The registration officer shall make such re-arrangement or adaptation of the register of local government electors as may be necessary on account of the coming into force of this Order.
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
23rd November 1998


text:
Citation and commencement
1
This Order may be cited as the Water Undertakers (Extension of Byelaws) Order 1998 shall come into force on 25th September 1998.
Extension of water byelaws
2
The byelaws listed in column (2) of the Schedule and made by, or having effect as if made by, the water undertakers listed in column (1) of the Schedule under section 17 of the Water Act 1945 (prevention of waste of water etc. ) shall remain in force until 31st December 1999.
Revocation
3
The following Orders are hereby revoked–
The Water Undertakers (Extension of Byelaws) Order 1997 ; and
The South East Water Limited (Extension of Byelaws) Order 1997 .
Signed by authority of the Secretary of State
Alan Davis
An Under Secretary in the
Department of the Environment, Transport and the Regions
22nd September 1998


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (West Penwith) Designation (Amendment) (No. 2) Order 1998 and shall come into force on 16th October 1998.
Interpretation
2
In this Order, “the principal Order ” means the Environmentally Sensitive Areas (West Penwith) Designation Order 1986 .
Amendment of the principal Order
3
The principal Order shall have effect as if, in article 7 (saving) of the Environmentally Sensitive Areas (West Penwith) Designation (Amendment) Order 1998 , for the words “Articles 4 and 5”, there were substituted “Articles 4, 5 and 6”.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
9th September 1998
We consent,
Jim Dowd
David Jamieson
Two of the Lords Commissioners of Her Majesty’s Treasury
9th September 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Benefits Up-rating Regulations 1998 and shall come into force on 6th April 1998.
2
In these Regulations, unless the context otherwise requires —
“the Administration Act ” means the Social Security Administration Act 1992; and
“the Up-rating Order ” means the Social Security Benefits Up-rating Order 1998 .
Exceptions relating to payment of additional benefit under awards made before the commencing date
2
Section 155(3) of the Administration Act (effect of alteration of rates of benefit under Parts II to V of the Contributions and Benefits Act) shall not apply if a question arises as to either —
a
the weekly rate at which the benefit is payable by virtue of the Up-rating Order; or
b
whether the conditions for receipt of the benefit at the altered rate are satisfied;
until that question has been determined in accordance with the provisions of the Administration Act.
Persons not ordinarily resident in Great Britain
3
Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 1975 (application of disqualifications in respect of up-rating of benefits) shall apply to any additional benefit payable by virtue of the Up-rating Order.
Amendment of the Social Security (General Benefit) Regulations 1982
4
In regulation 16 of the Social Security (General Benefit) Regulations 1982 (earnings level for the purpose of unemployability supplement) for the sum of “£2,418.00” there shall be substituted the sum of “£2,496.00”.
Amendment of the Social Security Benefit (Dependency) Regulations 1977
5
In paragraph 2B of Schedule 2 to the Social Security Benefit (Dependency) Regulations 1977 (prescribed circumstances for increase of invalid care allowance) —
a
for the sum of “£135” in both places where it occurs there shall be substituted the sum of “£140”; and
b
for the sum of “£17” there shall be substituted the sum of “£18”.
Amendment of the Social Security (Incapacity Benefit) Regulations 1994
6
In regulation 8 of the Social Security (Incapacity Benefit) Regulations 1994 (limit of earnings from councillor’s allowance) for the sum of “£46.50” there shall be substituted the sum of “£48.00”.
Revocation
7
The Social Security Benefit Up-rating Regulations 1997 are hereby revoked.
Signed by authority of the Secretary of State for Social Security.
Frank Field
Minister of State,
Department of Social Security
3rd March 1998


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


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Pilot Schemes: Financial Assistance for Preparatory Work) Regulations 1998 and shall come into force on 22nd June 1998.
2
In these Regulations —
“ the Act ” means the National Health Service (Primary Care) Act 1997; and
“the relevant date” has the meaning given to it in regulation 2(7).
Provision of financial assistance
2
1
An authority may make payments of financial assistance for preparatory work within the meaning of section 18(2) of the Act.
2
Subject to the provisions of this regulation, such payments may be made only following receipt by the authority of a written application from a person (“the applicant”), who —
a
where the financial assistance is requested for preparatory work falling within section 18(2)(a) of the Act, is a person who wishes to provide piloted services and with whom an agreement which constitutes, or is one of the agreements which together constitute, a pilot scheme may be made ; or
b
where the financial assistance is requested for preparatory work falling within section 18(2)(b) of the Act, is a person who is named as a proposed provider of piloted services —
i
in proposals for a pilot scheme which have been approved by the Secretary of State under section 5 of the Act, or
ii
where such proposals have been subsequently varied with the agreement of the Secretary of State or, as the case may be, in a manner authorised by directions given by the Secretary of State under section 6 of the Act, in the proposals as so varied.
and such proposals are referred to below in this regulation as “the relevant proposals”.
3
Payments of financial assistance may be made under paragraph (1) only if —
a
the applicant’s application specifies —
i
the purposes for which he intends to use the payment of financial assistance for which he has applied; and
ii
subject to paragraph (5), in the case of an application for financial assistance for preparatory work falling within section 18(2)(a) of the Act, the date by which he intends the authority to submit the proposals in question to the Secretary of State;
b
the authority has notified the applicant in writing that it is willing to make a payment of financial assistance to him for the purposes so specified, and of the maximum amount of the payment which it is willing to make; and
c
the applicant has satisfied the authority that —
i
he has incurred costs which are not less than the amount of the payment of financial assistance for which he has applied, and
ii
those costs were incurred before the relevant date, for the purposes specified in his application.
4
Where two or more persons have together applied for financial assistance, payment may be made to any one of them on behalf of them all; but otherwise in such a case “the applicant” means all of them together.
5
In relation to applications made by persons referred to in paragraph (2)(a), where the Secretary of State has in directions to the authority specified the date (or a number of dates) by which proposals are to be submitted to him, and the authority receives an application which for the purposes of paragraph (3)(a)(ii) specifies a different date, the authority must —
a
notify the applicant of all dates specified in the directions which relate to proposals for the services in question which have not yet passed; and
b
invite the applicant to amend the application so as to specify one of those dates for the purposes of paragraph (3)(a)(ii) (being a date which has not yet passed at the time of the amendment);
and until the application is so amended it shall be treated as not having been made.
6
In relation to applications made by persons referred to in paragraph (2)(b), subject to any directions given by the Secretary of State under section 6(1) of the Act as to implementation of proposals —
a
if the relevant proposals do not specify the date by which those proposals are to be implemented, an authority may give notification to an applicant under paragraph (3)(b) only if it has agreed with him the date by which the proposals are to be implemented; but
b
where an authority and the applicant have agreed a date by which the relevant proposals are to be implemented, they may, at any time before that date, agree a different date as the date by which the proposals are to be implemented, in substitution for that date.
7
In paragraph (3)(c)(ii) and in regulation 3(1) “the relevant date” means —
a
in relation to applications made by persons referred to in paragraph (2)(a), whichever of the dates mentioned in heads (i) or (ii) occurs first —
i
subject to paragraph (5), the date specified by the applicant in his application (or as the case may be his amended application) as the date by which he intends the authority to submit the proposals in question to the Secretary of State, or
ii
the date on which the authority submits the proposals in question to the Secretary of State.
b
in relation to applications made by persons referred to in paragraph (2)(b), whichever of the dates mentioned in heads (i) to (iii) occurs first —
i
the date on which the relevant proposals are implemented,
ii
the date on which the authority receives notification from an applicant to whom it has given notification under paragraph (3)(b) in respect of the relevant proposals that he wishes to withdraw before those proposals are implemented , or
iii
the date specified in the relevant proposals or, as the case may be, for the time being agreed under paragraph (6) as the date by which the proposals are to be implemented.
Conditions on payments of financial assistance
3
1
Notwithstanding that the applicant has satisfied the authority as mentioned in regulation 2(3)(c), the authority shall upon making a payment of financial assistance under regulation 2(1) also require all the costs in respect of which the payment is made to have been incurred before the relevant date and for the purposes specified in the application for that payment.
2
An applicant receiving such a payment shall comply with any conditions which the authority may impose in writing in connection with that requirement.
3
Where an authority, despite having been satisfied as mentioned in regulation 2(3)(c), subsequently discovers that the applicant has not complied with any conditions imposed under paragraph (2) it may demand repayment of any part of the payment that was not properly incurred and the applicant shall forthwith repay the sum demanded.
Transitional provisions
4
Where before 22nd June 1998 an application has been made to an authority for financial assistance under regulation 2(1), 4(1) or 6(1) of the National Health Services (Pilot Schemes: Financial Assistance for Preparatory Work) Regulations 1997 the provisions of those Regulations shall continue to apply in relation to any such application as if regulation 5 of these Regulations had not come into force.
Revocations
5
The Regulations specified in column (1) of Schedule 1 are hereby revoked to the extent specified in column (3) of that Schedule.
Frank Dobson
One of Her Majesty’s Principal Secretaries of State,
Department of Health
27th May 1998


text:
Citation and commencement
1
This Order may be cited as the Highland (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 Highland Council shall be divided into 80 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:
1
This Order may be cited as the School Standards and Framework Act 1998 (Commencement No. 2 and Supplemental, Saving and Transitional Provisions) (Amendment) Order 1998, and shall come into force on 1st October 1998.
2
1
The School Standards and Framework Act 1998 (Commencement No. 2 and Supplemental, Saving and Transitional Provisions) Order 1998 shall be amended as follows.
2
In article 4(1) and (2), after “supplemental” there shall (in each place) be inserted “, saving”.
3
In the heading to Schedule 2, there shall be inserted before “TRANSITIONAL” the words “SUPPLEMENTAL, SAVING AND”.
4
In Part I of Schedule 2, there shall be inserted after paragraph 4 the following new paragraph–
North East London Education Association
4A
Notwithstanding the repeal of Part II and certain related provisions of the School Inspections Act 1996 (“the Inspections Act”)–
a
there shall continue to be a body corporate known as the North East London Education Association (“the Association”);
b
the following provisions of the Inspections Act shall continue to have effect in relation to the Association–
i
section 31(1) to (3), (5), (6) and (7);
ii
section 32;
iii
section 38(3) and (4) so far as those subsections enable the Secretary of State to make provision for the disposal of the property of Hackney Downs School and the discharge of any liabilities of the Association in respect of that school;
iv
section 39;
v
section 44(1)(a) and (2);
vi
in section 45(1) the words “(except an order under section 38)”;
vii
in section 45(2) the words “(except an order under section 39)”; and
viii
Schedule 5;
c
the North East London Education Association Order 1995 (S.I. 1995/2037 ) shall continue to have effect;
d
any order previously made in relation to the Association and Hackney Downs School under section 38(3) of the Inspections Act shall continue to have effect;
e
section 45 of the Inspections Act shall continue to apply in relation to any order made in respect of the Association or Hackney Downs School under section 38 or 39 of that Act.
.
Estelle Morris
Minister of State,
Department for Education and Employment
30th September 1998


text:
1
This Order may be cited as the British Nationality (Cameroon and Mozambique) Order 1998 and shall come into force on 25th January 1999.
2
Schedule 3 to the British Nationality Act 1981 (countries whose citizens are Commonwealth citizens) shall be amended by inserting the word “Cameroon” under the word “Brunei” and the word “Mozambique” under the word “Mauritius”.
A.K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) Amendment (No. 4) Regulations 1998 and shall come into force on 22nd September 1998.
2
In these Regulations “the principal Regulations ” means the Social Security (Contributions) Regulations 1979 .
Amendment of regulation 19 of the principal Regulations
2
In regulation 19 of the principal Regulations (payments to be disregarded) before paragraph (1)(n) , insert–
mm
a payment which comprises any gain on which the earner is chargeable to tax by virtue of section 135 of the Income and Corporation Taxes Act 1988 (gains by directors and employees from share options) ;
.
Signed by authority of the Secretary of State for Social Security.
Stephen C. Timms
Parliamentary Under-Secretary of State,
Department of Social Security
21st September 1998


text:
Citation and commencement
1
This Order may be cited as the Limit in Relation to Provision of Digital Programme Services Order 1998 and shall come into force on 14th November 1998.
Amendment to paragraph 7 of Part III of Schedule 2 to the Broadcasting Act 1990
2
Paragraph 7 of Part III of Schedule 2 to the Broadcasting Act 1990 shall be amended as follows:–
a
in sub-paragraph (7)(b) the number “24” shall be substituted by the number “40” and the number “4” shall be substituted by the number “10”;
b
in sub-paragraph (7)(c) the number “24” shall be substituted by the number “40”.
Chris Smith
Secretary of State for Culture, Media and Sport
12th November 1998


text:
Citation and commencement
1
This order may be cited as the Offshore Installations (Safety Zones) Order 1998 and shall come into force on 26th March 1998.
Establishment of safety zones
2
A safety zone is hereby established around each installation specified in column 1 of the Schedule hereto (being an installation stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of the Schedule.
Removal of safety zones
3
In Schedule 1 to the Offshore Installations (Safety Zones) Order 1997 the entries relating to Emerald Central Location, Emerald Field FSU Template, Emerald Well WSE, Emerald Wells PSF and PSD and Emerald Wells WSA and WSB are deleted.
Signed by authority of the Secretary of State.
Angela Eagle
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
5th March 1998


text:
Citation and commencement
1
1
These Regulations may be cited as the Asbestos (Licensing) (Amendment) Regulations 1998 and, subject to paragraph (2), shall come into force on 1st February 1999.
2
Regulation 2, insofar as it relates to paragraphs 1, 2, 3(a), 4(b) and 5 of the Schedule to these Regulations, shall come into force on 1st August 1999.
Amendments to the Asbestos (Licensing) Regulations 1983
2
The Asbestos (Licensing) Regulations 1983 shall be amended in accordance with the Schedule to these Regulations.
Signed by authority of the Secretary of State.
Alan Meale
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
20th December 1998


text:
Title and commencement
1
These Regulations may be cited as the Feeding Stuffs (Amendment) (No. 2) Regulations 1998 and shall come into force on the following dates–
a
except in relation to regulation 3, on 26th August 1998, and
b
in relation to regulation 3, on 16th September 1998.
Amendment of the Feeding Stuffs Regulations 1995
2
The Feeding Stuffs Regulations 1995 shall be amended in accordance with regulations 3 and 4 below.
3
In the Table in Schedule 4 (permitted additives and provisions relating to their use)–
a
in Part III (permitted emulsifiers, stabilisers, thickeners and gelling agents)–
i
in Chapter A, the entries relating to the name or description “Furcellaran” shall be deleted;
ii
in Chapter B–
A
in the provisions relating to the name or description “Gellan Gum (Polytetrasaccharide containing glucose, glucuronic acid and rhamnose (2 : 1 : 1) produced by Pseudomonas elodea ( ATCC 31466))”, for the expression in column 5 there shall be substituted the expression “Feeding stuffs with a moisture content exceeding 20%”;
B
in the provisions relating to the name or description “Cassia Gum”, for the expression in column 5 there shall be substituted the expression “Feeding stuffs with a moisture content exceeding 20%”; and
b
in Part VIII (permitted preservatives), in the provisions in Chapter B relating to the name or description “sodium nitrite”, for the expression in column 5 there shall be substituted the expression “100 (feeding stuffs with a moisture content exceeding 20% only)”.
4
In Schedule 5 (prescribed limits for undesirable substances)–
a
in Part I (feeding stuffs), in Chapter A, after the provisions relating to the substance “Cadmium” there shall be inserted the following provisions:
Dioxin (sum of PCDD and PCDF), expressed in International Toxic Equivalents Citrus pulp
500 pg I–TEQ/ kg (upper bound detection limit)
Note: Upper bound concentrations are calculated assuming that all values of the different congeners less than the limit of detection are equal to the limit of detection
b
in Part II (ingredients), after the provisions relating to the substance “Arsenic” there shall be added the following provisions:
Dioxin (sum of PCDD and PCDF), expressed in International Toxic Equivalents Citrus pulp
500 pg I–TEQ/kg (upper bound detection limit)
Note: Upper bound concentrations are calculated assuming that all values of the different congeners less than the limit of detection are equal to the limit of detection
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
19th August 1998
Sewel
Parliamentary Under Secretary of State, Scottish Office
23rd August 1998
Signed by authority of the Secretary of State for Wales
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
20th August 1998


text:
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (Kazakhstan) Order 1998.
2
It is hereby declared —
a
that the arrangements specified in the Protocol set out in the Schedule to this Order, which vary the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Kazakhstan) Order 1994 , have been made with the Government of the Republic of Kazakhstan with a view to affording relief from double taxation in relation to income tax, corporation tax or capital gains tax and taxes of a similar character imposed by the laws of Kazakhstan; and
b
that it is expedient that those arrangements should have effect.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the School Standards and Framework Act 1998 (Home–School Agreements) (Modification) Regulations 1998, and shall come into force on 1st February 1999.
2
In these Regulations “the 1998 Act ” means the School Standards and Framework Act 1998.
3
A reference in these Regulations to a county, voluntary, maintained special, grant-maintained or grant-maintained special school shall be construed in accordance with the Education Act 1996 .
Modification of section 110 of the 1998 Act
2
Until 1st September 1999 section 110(1)(a) of the 1998 Act shall have effect as if the reference in that provision to a maintained school were a reference to–
a
a county, voluntary or maintained special school, or
b
a grant-maintained or grant-maintained special school.
Charles Clarke
Parliamentary Under Secretary of State,
Department for Education and Employment
11th November 1998
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
12th November 1998


text:
Citation and commencement
1
These Regulations may be cited as the Housing Renewal Grants (Prescribed Form and Particulars) (Amendment) Regulations 1998 and shall come into force on 13th April 1998.
Amendments
2
The form set out in the Schedule to the Housing Renewal Grants (Prescribed Form and Particulars) Regulations 1996 is amended as specified in the Schedule to these Regulations.
Application
3
These Regulations shall not have effect in relation to applications for a grant made before the 13th April 1998.
Signed by authority of the Secretary of State
Nick Raynsford
Parliamentary Under Secreyary of State,
Department of the Environment, Transport and the Regions
5th March 1998
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
18th March 1998


text:
Citation and commencement
1
These Regulations may be cited as the Surface Waters (Dangerous Substances) (Classification) Regulations 1998 and shall come into force on 25th March 1998.
Classification of inland freshwaters
2
The classification DS6 and the criteria for that classification set out in Schedule 1 to these Regulations shall apply for classifying inland freshwaters with a view to reducing the pollution of those waters by the dangerous substances listed in that Schedule.
Classification of coastal waters and relevant territorial waters
3
The classification DS7 and the criteria for that classification set out in Schedule 2 to these Regulations shall apply for classifying coastal waters and relevant territorial waters with a view to reducing the pollution of those waters by the dangerous substances listed in that Schedule.
Sampling
4
The Environment Agency shall ensure that waters classified under these Regulations are sampled at such sampling points and at such times, and samples are analysed in such manner, as the Agency considers necessary for —
a
monitoring the effect on those waters of discharges containing the dangerous substances in question; and
b
determining the extent to which those waters are polluted by those substances and whether the requirements for the relevant classification are satisfied.
Modification of section 83 of the Water Resources Act 1991
5
Section 83 of the Water Resources Act 1991 (water quality objectives) shall have effect as if —
a
it imposed a duty on the Secretary of State to exercise his powers under that section to apply the classification DS6 to all inland freshwaters and the classification DS7 to all coastal waters and relevant territorial waters and to specify 1st April 1998 as the relevant date in each case; and
b
in relation to performance of that duty and the resulting water quality objectives, subsections (3) to (6) of that section (reviews and consultation requirements) were omitted.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Michael Meacher
Minister of State,
Department of the Environment, Transport and the Regions
19th February 1998
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
23rd February 1998


text:
Citation and commencement
1
This Order may be cited as the “Next Step” North East Lincolnshire Education Action Zone Order 1998 and shall come into force on 1st September 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 of 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 “Next Step” North East Lincolnshire Education Action Zone (“the zone”) for the purposes of Chapter III of Part I of the School Standards and Framework Act 1998.
4
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 person appointed by each partner, unless any partner chooses not to make such an appointment.
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.
5
The Forum may at any time appoint either two or three additional members from persons appearing to them to represent the interests of–
a
businesses in the area served by the zone schools;
b
parents of children of compulsory school age who reside in that area; and
c
education generally in the area served by the zone schools.
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 such period.


text:
Citation and commencement
1
This Order may be cited as the New Opportunities Fund (Specification of Initiatives) Order 1998 and shall come into force on 24th July 1998.
Specification of initiatives
2
For the purposes of section 43B(1) of the National Lottery etc. Act 1993 the initiatives set out in article 3 are specified.
3
1
An initiative to provide facilities, services and advice to promote healthy living.
2
An initiative to train teachers, staff in school libraries and staff working in public library services to use information and communications technology in order to assist learning; and to make materials of an educational nature available in a digital form on such technology.
3
An initiative to provide activities outside school hours for children who attend school.
4
For the purposes of article 3(3) a child shall be regarded as attending school notwithstanding that he is excluded, permanently or temporarily, from school.
Chris Smith
Secretary of State for Culture, Media and Sport
3rd July 1998


text:
1
This Order may be cited as the European Communities (Definition of Treaties) (Europe Agreement establishing an Association between the European Communities and their Member States, and the Republic of Slovenia) Order 1998. It shall come into force in respect of the treaty specified in the Schedule to this Order on the date on which the treaty enters into force for the United Kingdom. This date will be notified in the London, Edinburgh and Belfast Gazettes.
2
The treaty specified in the Schedule to this Order is to be regarded as a Community Treaty as defined in section 1(2) of the European Communities Act 1972.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Special Health Authorities (Establishment and Constitution Orders) Amendment Order 1998 and shall come into force on 21st July 1998.
Amendment of the Authorities for the Ashworth, Broadmoor and Rampton Hospitals (Establishment and Constitution) Order 1996
2
After article 5 of the Authorities for the Ashworth, Broadmoor and Rampton Hospitals (Establishment and Constitution) Order 1996 there shall be added the following article —
Admission to meetings
6
The Public Bodies (Admission to Meetings) Act 1960 shall apply to each Authority.
.
Amendment of the Family Health Services Appeal Authority (Establishment and Constitution) Order 1995
3
After article 7 of the Family Health Services Appeal Authority (Establishment and Constitution) Order 1995 there shall be added the following article —
Admission to meetings
8
The Public Bodies (Admission to Meetings) Act 1960 shall apply to the Authority.
.
Amendment of the Health Education Authority (Establishment and Constitution) Order 1987
4
After article 5 of the Health Education Authority (Establishment and Constitution) Order 1987 there shall be added the following article —
Admission to meetings
6
The Public Bodies (Admission to Meetings) Act 1960 shall apply to the Authority.
.
Amendment of the Mental Health Act Commission (Establishment and Constitution) Order 1983
5
After article 4 of the Mental Health Act Commission (Establishment and Constitution) Order 1983 there shall be added the following article —
Admission to meetings
5
The Public Bodies (Admission to Meetings) Act 1960 shall apply to the Commission.
.
Amendment of the National Blood Authority (Establishment and Constitution) Order 1993
6
After article 7 of the National Blood Authority (Establishment and Constitution) Order 1993 there shall be added the following article —
Admission to meetings
8
The Public Bodies (Admission to Meetings) Act 1960 shall apply to the Authority.
.
Amendment of the National Health Service Supplies Authority (Establishment and Constitution) Order 1991
7
After article 6 of the National Health Service Supplies Authority (Establishment and Constitution) Order 1991 there shall be added the following article —
Admission to meetings
7
The Public Bodies (Admission to Meetings) Act 1960 shall apply to the Authority.
.
Amendment of the United Kingdom Transplant Support Service Authority (Establishment and Constitution) Order 1991
8
After article 7 of the United Kingdom Transplant Support Service Authority (Establishment and Constitution) Order 1991 there shall be added the following article —
Admission to meetings
8
The Public Bodies (Admission to Meetings) Act 1960 shall apply to the Authority.
.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,
Department of Health
29th June 1998


text:
1
1
This Order may be cited as the Northern Ireland (Entry to Negotiations, etc) Act 1996 (Cessation of Section 3) Order 1998 and shall come into force on the day after that on which this Order is made.
2
Section 3 of the Northern Ireland (Entry to Negotiations, etc) Act 1996 shall cease to have effect on the day after that on which this Order is made.
3
The Northern Ireland (Entry to Negotiations, etc) Act 1996 (Revival of Section 3) Order 1997 is hereby revoked.
Marjorie Mowlam
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
24th April 1998


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Agricultural Holdings (Units of Production) Order 1998 and shall come into force on 12th September 1998.
2
Any reference in this Order to “the Schedule” is a reference to the Schedule to this Order.
3
Any reference in this Order to a Community instrument is a reference to that instrument and any amendment of such instrument in force on the date this Order is made.
4
In this Order:
“Council Regulation 805/68” means Council Regulation ( EEC ) No. 805/68 on the common organisation of the market in beef and veal ;
“Council Regulation 3013/89” means Council Regulation (EEC) No. 3013/89 on the common organisation of the market in sheepmeat and goatmeat ;
“Council Regulation 1765/92” means Council Regulation (EEC) No. 1765/92 establishing a support system for producers of certain arable crops .
Assessment of productive capacity of land
2
1
Paragraphs (2) and (3) of this article have effect for the purpose of the assessment of the productive capacity of a unit of agricultural land, in order to determine whether that unit is a commercial unit of agricultural land within the meaning of subparagraph (1) of paragraph 3 of Schedule 6 to the Agricultural Holdings Act 1986.
2
Where the land in question is capable, when farmed under competent management, of being used to produce any livestock, crop, fruit, etc. , as is mentioned in any of the entries 1 to 7 in column 1 of the Schedule, then —
a
the unit of production prescribed in relation to that use of the land shall be the unit specified in column 2 of the Schedule opposite to that entry, and
b
the amount determined, for the period of 12 months beginning with 12th September 1998, as the net annual income from that unit of production in that period shall be the amount specified in column 3 of the Schedule opposite that unit of production.
3
Where land capable, when farmed under competent management, of producing a net annual income is designated as set aside land, as is mentioned in entry 8 in column 1 of the Schedule, then —
a
the unit of production prescribed in relation to that use of the land shall be the unit specified in column 2 of the Schedule opposite to that entry, and
b
the amount determined, for the period of 12 months beginning with 12th September 1998, as the net annual income from that unit of production in that period shall be the amount specified in column 3 of the Schedule opposite that unit of production.
4
The Schedule has effect subject to the Notes to the Schedule.
Revocation
3
The Agricultural Holdings (Units of Production) Order 1997 is revoked.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
8th August 1998
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
6th August 1998


text:
Citation, commencement and application
1
1
This Order may be cited as the Shropshire County Council (District of The Wrekin) (Staff Transfer) Order 1998 and shall come into force on 1st April 1998.
2
This Order makes provisions which are consequential on or supplementary to, the Shropshire (District of The Wrekin) (Structural Change) Order 1996 .
Interpretation
2
In this Order —
“contract of employment” means a contract under which a person works for another person whether under a contract of service or apprenticeship or otherwise but does not include a contract for services;
“designated list” means the list marked “The Shropshire County Council (District of The Wrekin) (Staff Transfer) Order 1998 Designated List” which is signed by the Secretary of State for the Environment, Transport and the Regions, one copy of which is deposited with the District of The Wrekin Council, one with the Shropshire County Council and one in the offices of the Secretary of State for the Environment, Transport and the Regions;
“employee” means a person employed under a contract of employment including a person employed under a fixed term contract the expiry date for which is after 31st March 1998, but does not include a person whose employment is on a temporary basis and who on 31st March 1998 has had a continuous period of employment (when calculated in accordance with sections 210 to 219 of the Employment Rights Act 1996 ) of less than two years.
Transfer of Staff
3
1
This article shall apply to any employee (a “designated employee”) —
a
who immediately before 1st April 1998 (“the reorganisation date”) is employed by the Shropshire County Council;
b
whose employment would continue but for the transfer of functions to the Council of the District of The Wrekin; and
c
whose name is mentioned, or who falls within a class or description of employees which is mentioned, in the designated list.
2
The contract of employment of a designated employee shall not be terminated on the reorganisation date but shall have effect as if originally made between that employee and the District of The Wrekin Council.
3
This article is without prejudice to any provision of the Transfer of Undertakings (Protection of Employment) Regulations 1981 .
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
25th February 1998


text:
PART I
PRELIMINARY
Citation, commencement and revocation
1
1
These Regulations may be cited as the Merchant Shipping (Small Workboats and Pilot Boats) Regulations 1998 and shall come into force on 3rd August 1998.
2
The Merchant Shipping (Pilot Boats) Regulations 1991 are hereby revoked.
Amendment of Fees Regulations
2
In Part I of the Schedule to the Merchant Shipping (Fees) Regulations 1996 , in the table in paragraph 1(2), section I, for the title and number —
Merchant Shipping (Pilot Boats) Regulations 1991 65
there shall be substituted the following title and number —
Merchant Shipping (Small Workboats and Pilot Boats) Regulations 1998
.
Interpretation
3
1
In these Regulations:
“Certifying Authority” means the Secretary of State or any other person authorised by him;
“Code of Practice” means the Code of Practice entitled “The Safety of Small Workboats and Pilot Boats — A Code of Practice” published by the Maritime and Coastguard Agency; and any reference to the Code includes a reference to any document amending the Code specified in a Merchant Shipping Notice;
“competent harbour authority” means a body which is a competent harbour authority for the purposes of the Pilotage Act 1987 ;
“dedicated pilot boat” means a vessel used, or intended to be used, solely as a pilot boat;
“ EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;
“EEA State” means a State which is a Contracting Party to the EEA Agreement;
“load line length” means either 96% of the total length on a waterline or 85% of the least moulded depth measured from the top of the keel, or the length from the foreside of the stern to the axis of the rudder stock on that waterline, whichever is the greater; in a vessel designed with a rate of keel 1, the waterline on which this length is measured should be parallel to the design waterline;
“Maritime and Coastguard Agency” means the Maritime and Coastguard Agency, an executive agency of the Department of the Environment, Transport and the Regions;
“Merchant Shipping Notice” means a Notice described as such and issued by the Maritime and Coastguard Agency; and any reference to a particular Merchant Shipping Notice includes a reference to any such document amending or replacing that Notice;
“owner” means, in relation to a vessel, the person who owns the vessel, not being the competent harbour authority;
“pilot boat” means a vessel, of whatever size, employed or intended to be employed in pilotage services;
“small vessel” means a ship of less than 24 metres in load line length;
“small workboat” means a small vessel in commercial use other than for sport or pleasure, including a dedicated pilot boat, not being used as:
a tug or salvage ship;
a ship engaged in the surveying of harbours or the approaches thereto; or
a hopper barge or dredger;
“surveyor” means a marine surveyor nominated by the Secretary of State to undertake the surveys required by these Regulations and includes any marine surveyor of the Department of the Environment, Transport and the Regions;
“vessel in commercial use” includes any vessel, including any pleasure vessel within the meaning of regulation 3 of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1993 , while it is in possession of a broker, ship repairer or other such person for the purposes of his business.
2
Where a vessel is managed by a person other than the owner (whether on behalf of the owner or some other person, or on his own behalf), a reference in these Regulations to the owner shall be construed as including a reference to that person.
3
Any approval or exemption given pursuant to these Regulations or the Code of Practice shall be given in writing and shall specify the date on which it takes effect and the conditions (if any) on which it is given.
Application
4
1
Subject to paragraph (2) below, these Regulations shall apply to —
a
small workboats which are United Kingdom ships wherever they may be;
b
other small workboats operating from United Kingdom ports whilst in United Kingdom waters; and
c
pilot boats, not being small workboats, which are United Kingdom ships wherever they may be.
2
Regulation 5 shall not apply to —
a
dedicated pilot boats, of whatever size; or
b
pilot boats which are not small workboats.
PART II
REQUIREMENTS FOR SMALL VESSELS IN COMMERCIAL USE
Small vessels complying with the Code of Practice
5
1
Subject to provisions of the relevant paragraphs of the Code of Practice, the statutory instruments listed in the Schedule to these Regulations shall not apply to any workboat to which this regulation applies which has been examined, and in respect of which a certificate has been issued, in accordance with the Code of Practice.
2
Where a vessel has been so examined and a certificate issued, the vessel shall not proceed or attempt to proceed to sea unless —
a
the certificate is currently in force;
b
the vessel complies with the requirements of the Code of Practice (including any requirements as to operation, manning and maintenance) and is operated in accordance with any conditions as specified in the certificate; and for this purpose any provision of the Code of Practice expressed in the conditional (i.e. “should”) shall be a requirement; and
c
the certificate is displayed in some conspicuous place on board.
3
Following the completion of any survey of a vessel required by the Code of Practice, no material change shall be made to the vessel, its machinery or equipment without the prior approval of the Certifying Authority.
PART III
REQUIREMENTS FOR PILOT BOATS
Compliance with the Code of Practice for Pilot Boats
6
1
The statutory instruments listed in the Schedule to these Regulations shall not apply to dedicated pilot boats or to pilot boats, not being small workboats, which are United Kingdom ships.
2
A vessel shall not be operated as a pilot boat unless —
a
the vessel has been examined and a Pilot Boat Certificate or a Workboat Certificate with a Pilot Boat endorsement has been issued in accordance with the Code of Practice;
b
the certificate is currently in force;
c
the vessel complies with the requirements of the Code of Practice (including any requirements as to operation, manning and maintenance) and is operated in accordance with any conditions as specified in the certificate; and for this purpose any provision of the Code of Practice expressed in the conditional (i.e. “should”) shall be a requirement; and
d
the certificate is displayed in some conspicuous place on board.
3
Following the completion of any survey of a boat required by the Code of Practice, no material change shall be made to the boat, its machinery or equipment without the prior approval of the Certifying Authority.
Exemptions under Part III
7
The Secretary of State may exempt any pilot boat from any or all of the provisions of this Part on such terms, if any, as he may specify if he is satisfied that compliance with such provision is either impracticable or unreasonable in the case of that pilot boat and may, subject to giving reasonable notice, alter or cancel any such exemption.
PART IV
COMMON PROVISIONS
Equivalent standards
8
1
Where these Regulations or the Code of Practice require that a particular piece of equipment or machinery shall be provided or carried in a vessel to which these Regulations apply or that any particular provision shall be made, the Secretary of State may permit any other piece of equipment or machinery to be provided or carried, or any other provision to be made, if he is satisfied by trials thereof or otherwise that such other piece of equipment or machinery or provision is at least as effective as that required by these Regulations or the Code of Practice.
2
For the purposes of these Regulations, the results of verifications and tests carried out by the bodies and laboratories of other EEA States offering suitable and satisfactory guarantees of technical and professional competence and independence shall be accepted.
Penalties
9
1
Contravention of any provision of regulation 5 above shall be an offence by the owner and the master of the vessel punishable on summary conviction by a fine not exceeding the statutory maximum, or on conviction on indictment by imprisonment for a term not exceeding two years or a fine, or both.
2
Subject to paragraph (3) below, contravention of any provision of regulation 6 above in respect of a pilot boat shall be an offence by the competent harbour authority, the owner and the master of the boat punishable on summary conviction by a fine not exceeding level 4 on the standard scale.
3
Any contravention of regulation 6(2)(d) above in respect of a pilot boat shall be an offence by the competent harbour authority, the owner and the master of the boat punishable on summary conviction by a fine not exceeding level 3 on the standard scale.
4
In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove that he took all reasonable steps to avoid commission of the offence.
Power to detain
10
In any case where a vessel does not comply with the requirements of these Regulations, that vessel shall be liable to be detained and section 284(1)–(6) and (8) of the Merchant Shipping Act 1995 (which relates to the detention of a ship) shall have effect in relation to the vessel, as if for the words “this Act” wherever they appear, there were substituted the words “the Merchant Shipping (Small Workboats and Pilot Boats) Regulations 1998”.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Glenda Jackson
Parliamentary Under Secretary of State
Department of the Environment, Transport and the Regions
29th June 1998
We consent to the making of these Regulations
Jon Owen Jones
Graham Allen
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd July 1998


text:
Citation and Commencement
1
This Order may be cited as the European Communities (Enforcement of Community Judgments) (Amendment) Order 1998 and shall come into force on 22nd June 1998.
2
The European Communities (Enforcement of Community Judgments) Order 1972 is amended by inserting in paragraph (1) of article 2 in the definition of “Community judgment”after the words “E.C.S.C. Treaty” the words “or Article 82 of Regulation 40/94 of 20 December 1993 on the community trade mark” .
N. H. Nicholls
Clerk of the Privy Council


text:
1
1
This Order may be cited as the Combined Probation Areas (North Wales) Order 1998.
2
This Order shall come into force on 1st January 1999.
2
For that part of the Combined Probation Areas Order 1986 which relates to the North Wales Probation Area there shall be substituted the following:
(1) (2) (3) Petty Sessions Area Probation Area Number of justices on probation committee
Aberconwy North Wales 1 Arfon 1 Colwyn 1 Denbighshire 1 Dwyfor 1 Flintshire 2 Meirionnydd 1 Wrexham Maelor 2 Ynys Môn/Anglesey 1
Paul Boateng
Minister of State
Home Office
22nd December 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Gwent Healthcare National Health Service Trust (Establishment) Order 1998 and shall come into force on 4th January 1999.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 4th January 1999;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means Gwent Healthcare 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 Gwent Healthcare National Health Service Trust or Ymddiriedolaeth Gwasanaeth Iechyd Gwladol Gofal Iechyd Gwent.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1) of the Act.
2
The trust’s functions shall be —
a
to own and manage pursuant to section 5(1)(a) of the Act —
i
Royal Gwent Hospital, Cardiff Road, Newport, NP9 2UB,
ii
Nevill Hall Hospital, Abergavenny, NP7 7EG,
iii
Llanfrechfa Grange Hospital, Cwmbran, NP44 8YN,
and associated hospitals and premises, and there to provide and manage hospital accommodation and services and community health services; and
b
to provide and manage pursuant to section 5(1)(b) of the Act hospital accommodation and services at —
i
Chepstow Community Hospital, Chepstow,
ii
the Llanwenarth Unit, Nevill Hall Hospital, Abergavenny NP7 7EG; and
c
to provide and manage pursuant to section 5(1)(b) of the Act community health services from —
i
Chepstow Community Hospital, Chepstow,
ii
7 Sandpiper Way, Dyffryn, Newport,
iii
Oakfield Street Surgery, Ystrad Mynach.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 7 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act, one of the non-executive directors shall be appointed from the University of Wales.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1999.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by Health Authorities before operational date
7
1
Gwent Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (2) of this article.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
16th December 1998


text:
1
This Order may be cited as the Public Telecommunication System Designation (Cignal Global Communications U.K. 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:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Easington District Council) Order 1998 and shall come into force on 19th November 1998.
Exemption of sports and leisure facilities management
2
The management of sports and leisure facilities by the council of the district of Easington shall not be treated as a defined activity so long as it is carried out at the following leisure centres:
a
the Peterlee Leisure Centre, St. Cuthbert’s Way, Peterlee; and
b
the Seaham Leisure Centre, Recreation Ground, Deneside, Seaham
during the period beginning with 1st January 1999 and ending on 31st December 1999.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
22nd October 1998