type: legislation

jurisdiction: UK

text:
Citation
1
This Order may be cited as the Transport and Works Act 1992 (Commencement No. 7) Order 1998.
Provisions coming into force
2
The provisions of the Transport and Works Act 1992 specified in the Schedule to this Order (which relate to repeals) shall come into force on 26th February 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
5th February 1998


text:
Citation and commencement
1
This Order may be cited as the Motor Vehicles (Authorisation of Special Types) (Amendment) Order 1998 and shall come into force on 18th September 1998.
Preliminary
2
The Motor Vehicles (Authorisation of Special Types) General Order 1979 shall be further amended in accordance with the provisions of this Order.
Amendment of article 16 of the Motor Vehicles (Authorisation of Special Types) General Order 1979
3
1
Article 16 shall be amended as follows.
2
After paragraph (1), there shall be inserted the following paragraph–
1A
In this Article–
“the 1986 Regulations ” means the Road Vehicles (Construction and Use) Regulations 1986 ; and
“the 1989 Regulations ” means the Road Vehicles Lighting Regulations 1989 .
3
In paragraph (2)–
a
in sub-paragraphs (A) and (B), for the words “the Construction and Use Regulations” in each place where those words occur there shall be substituted the words “the 1986 Regulations and the 1989 Regulations”;
b
in condition (a), there shall be inserted at the beginning the words “subject to paragraph (3)”;
c
for condition (b), there shall be substituted the following sub-paragraph–
b
the relevant requirements, to the extent that they are applicable to the vehicle, shall be complied with or (as the case may be) shall not be contravened;
;
d
in condition (c), there shall be inserted at the beginning the words “subject to paragraph (7),”;
e
in condition (d), there shall be inserted at the beginning the words “subject to paragraph (8),” and for the words “Regulations 9 or 73 of the Construction and Use Regulations” there shall be substituted the words “Regulation 7 of the 1986 Regulations”;
f
in condition (e), there shall be inserted at the beginning the words “subject to paragraph (8),”;
g
in condition (f), for the words “the Construction and Use Regulations” there shall be substituted the words “the 1986 Regulations”.
4
After paragraph (2), there shall be inserted the following paragraphs–
3
Paragraph (2)(a) shall not apply if the vehicle is being used in the following circumstances–
a
a person (“the approved person”) has been approved by the Secretary of State for the purposes of this article in respect of the vehicle;
b
the vehicle is registered under the Vehicle Excise and Registration Act 1994 in the name of the approved person and no one else; and
c
the requirements of paragraph (4) or (5) are met.
4
The requirements of this paragraph are that the vehicle is being used by the approved person and he is using it for the sole purpose of making an evaluation of the vehicle.
5
The requirements of this paragraph are that–
a
the approved person has lent the vehicle to a person (“the borrower”) for the borrower’s own use on terms which include a requirement that the borrower must–
i
supply to the approved person information or opinions derived from such use; and
ii
return the vehicle to the approved person on demand;
b
the vehicle is being used by the borrower in accordance with such terms; and
c
the approved person requires the information or opinions for the purposes of evaluating the vehicle.
6
For the purposes of paragraph (2)(b), the relevant requirements are the requirements of–
a
the provisions of the 1986 Regulations (so far as they would otherwise apply to the vehicle) set out in the left hand column of Table I below as modified for the purposes of this article in accordance with the entries in the right hand column of that Table; and
b
the provisions of the 1989 Regulations (so far as they would otherwise apply to the vehicle) set out in the left hand column of Table II below as modified for the purposes of this Article in accordance with the entries made in the right hand column of that Table.
7
Paragraph (2)(c) shall not apply to the vehicle when it is being used in circumstances where all the provisions of the 1986 Regulations as to the weights of vehicles whether laden or unladen, or the weights transmitted to the road surface by all or any of the wheels are complied with.
8
If a vehicle forms part of a combination of vehicles, paragraph (2)(d) and (e) shall have effect in relation to that vehicle as if–
a
each reference to its overall length included a reference to the overall length of the combination of vehicles; and
b
the reference to particulars of the vehicle were a reference to particulars of each vehicle in the combination.
9
A reference in this Article to any enactment comprised in the 1986 Regulations or the 1989 Regulations is a reference to that enactment as from time to time amended or as from time to time re-enacted with or without modification.
10
Nothing in this Article shall be construed as authorising a vehicle to be used when–
a
the condition of the vehicle or its accessories or equipment;
b
the purpose for which it is used;
c
the number of passengers carried by it, or the manner in which they are carried; or
d
the weight, position or distribution of its load, or the manner in which it is secured,
is such that the use of the vehicle involves a danger of injury to any person.
TABLE I
(see paragraph (6)(a))
Provision of the 1986 Regulations Subject matter Modifications made to the 1986 Regulations for the purposes of this Article
Regulation 10 Indication of overall travelling height Regulation 16 Braking systems In regulation 16(1) for the words “to which regulation 15 does not apply” there shall be substituted the words “and has effect subject to the proviso in paragraph of regulation 15”. Regulation 18(1) Maintenance and efficiency of brakes Regulation 20 General requirement as to wheels and tracks Regulation 26 Mixing of tyres Regulation 27 Conditions and maintenance of tyres Regulation 29 Maintenance of steering gear Regulation 30 View to the front Regulation 34 Windscreen wipers and washers Regulation 37 Audible warning instruments Regulation 53 Mascots Regulation 54 Silencers — general Regulation 61 Emissions Regulation 62 Closets etc. Regulations 81 and 82 Restrictions on the use of vehicles carrying wide or long loads or having fixed appliances or apparatus In regulation 82(8)(c)(ii)(B) the reference to paragraph 1 of Schedule 12 to the 1986 Regulations shall be omitted. Regulation 83 Number of trailers Regulation 84 Trailers drawn by motor cycles Regulation 86 Distance between motor vehicles and trailers Regulation 89 Leaving trailers at rest Regulation 90 Passengers in trailers Regulation 92 Attachment of side cars Regulation 97 Avoidance of excessive noise Regulation 98 Stopping of engine when stationary Regulation 99 Use of audible warning instruments Regulation 100 Maintenance and use of vehicles so as not to be a danger Regulation 101 Parking in darkness Regulation 102 Passengers on motor cycles Regulation 103 Obstruction Regulation 104 Driver’s control Regulation 105 Opening of doors Regulation 106 Reversing Regulation 107 Leaving motor vehicle unattended Regulation 108 Securing of suspended implements Regulation 109 Television sets
TABLE II
(see paragraph (6)(b))
Provision of the 1989 Regulations Subject matter Modifications made to the 1989 Regulations for the purpose of this Article
Regulation 11 Colour of lights shown by lamps and reflectors Regulation 13 Lamps to show steady light Regulation 16 Restrictions on fitting blue warning beacons, special warning lamps and similar devices Regulation 17 Obligatory warning beacons Regulation 18 Obligatory lamps, reflectors, rear markings and devices
In regulation 18(1)(b) there shall be added at the end:
as if–
i
the requirements relating to the markings of lamps, retro-reflectors and rear markings were omitted;
ii
the requirements relating to angles of visibility were omitted;
iii
the requirements relating to the positioning of any lamp, retro-reflector or rear marking permitted any specified maximum measurement to be increased by 5 per cent and any specified minimum measurement to be decreased by 5 per cent; and
iv
the requirements relating to the fitting of a dim-dip device or running lamp in Table 1 of Schedule 1 were omitted.
;
Regulation 19 Restrictions on the obstruction of certain lamps and reflectors Regulation 21 Projecting trailers and vehicles carrying overhanging or projecting loads or equipment Regulation 22 Additional side marker lamps
In paragraph (1), after the words paragraph (2) there shall be inserted “and subject to paragraph (3)”.
In paragraph (3), there shall be added at the end:
as if–
the requirements relating to the markings of lamps, retro-reflectors and rear markings were omitted;
the requirements relating to angles of visibility were omitted; and
the requirements relating to the positioning of any lamp, retro-reflector or rear marking permitted any specified maximum measurement to be increased by 5 per cent and any specified minimum measurement to be decreased by 5 per cent.
4
The Motor Vehicles (Authorisation of Special Types) ( No. 2) Order 1951 is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Larry Whitty
Parliamentary Under Secretary for State,
Department of the Environment, Transport and the Regions
13th September 1998


text:
1
This Order may be cited as the Value Added Tax (Increase of Registration Limits) Order 1998 and shall come into force on 1st April 1998.
2
Schedule 1 to the Value Added Tax Act 1994 shall be amended as follows —
a
in paragraphs 1(1)(a), 1(1)(b), 1(2)(a) and 1(2)(b) for “£49,000” there shall be substituted “£50,000”; and
b
in paragraphs 1(3), 4(1) and 4(2) for “£47,000” there shall be substituted “£48,000”.
3
Schedule 3 to the Value Added Tax Act 1994 shall be amended in paragraphs 1(1), 1(2), 2(1)(a), 2(1)(b) and 2(2) by substituting “£50,000” for “£49,000”.
Graham Allen
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
17th March 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Republic of Serbia (Prohibition on Investment) Regulations 1998, and shall come into force on 1st August 1998.
2
In these Regulations, “the EC Regulation ” means Council Regulation (EC) No. 1607/98 of 24th July 1998 concerning the prohibition of new investment in the Republic of Serbia .
Offence of breaching Article 1 of the EC Regulation
2
Any person who commits a breach of Article 1 of the EC Regulation shall be guilty of an offence.
Authorisations
3
1
Authorisations for the release of funds or other financial assets on a case-by-case basis pursuant to Article 2 of the EC Regulation shall be given by or on behalf of the Treasury.
2
If, in connection with a request for such an authorisation any person —
a
makes any statement or furnishes any document or information which to his knowledge is false in a material particular, or
b
recklessly makes any statement or furnishes any document or information which is false in a material particular,
he shall be guilty of an offence; and any authorisation granted pursuant to the request shall be void as from the time it was granted.
Information
4
In accordance with Article 4 of the EC Regulation, the Schedule to these Regulations shall have effect in order to facilitate the obtaining, by or on behalf of the Treasury, of information for the purpose of ensuring compliance with the EC Regulation.
Penalties and proceedings
5
1
Any person guilty of an offence under regulation 2 or 3(2) above or under paragraph 2(b) or (c) of the Schedule to these Regulations shall be liable —
a
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both;
b
on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum, or both.
2
Any person guilty of an offence under paragraph 2(a) of the Schedule to these Regulations shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale, or both.
3
Where any 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 be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, that person as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
4
Proceedings against any person for an offence under these Regulations may be taken before the appropriate court in the United Kingdom having jurisdiction in the place where that person is for the time being.
5
No proceedings for an offence under these Regulations, other than a summary offence, shall be instituted in England, Wales or Northern Ireland except by the Secretary of State or with the consent of the Attorney General or, as the case may be, the Attorney General for Northern Ireland:
Provided that this paragraph shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.
Amendment of S.I. 1998/1643
6
The Federal Republic of Yugoslavia and Serbia (Freezing of Funds) Regulations 1998 are amended, by the substitution for the words “not exceeding the statutory maximum” in regulation 4(2) of the words “not exceeding level 5 on the standard scale”.
Graham Allen
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
30th July 1998


text:
Citation and commencement
1
This Order may be cited as the Coventry Healthcare National Health Service Trust (Establishment) Amendment Order 1998 and shall come into force on 18th May 1998.
Amendment of Establishment Order
2
For Article 3 of the Coventry Healthcare National Health Service Trust (Establishment) Order 1994 there shall be substituted the following Article: —
Nature and functions of the trust
3
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more Health Authorities) shall be —
a
to own and manage pursuant to section 5(1)(a) of the Act Parkside House, Quinton Road, Coventry CV1 2NJ, and associated hospitals, establishments or facilities, and there to provide hospital accommodation and services;
b
to own and manage pursuant to section 5(1)(a) of the Act Gulson Hospital, Gulson Road, Coventry CV1 2HR, and associated premises and there to provide community health services; and
c
to provide and manage pursuant to section 5(1)(b) of the Act:
i
Coventry Mental Health Unit, Clifford Bridge Road, Walsgrave, Coventry CV2 2TE, and
ii
121 Hollyfast Road, Coundon, Coventry CV6 2AE,
and there to provide hospital accommodation and services
.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,
Department of Health
5th May 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of West Somerset (Electoral Changes) Order 1998.
2
This Order shall come into force 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 West Somerset;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and any reference to “the map” is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the District of West Somerset (Electoral Changes) Order 1998”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of West Somerset
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into eighteen wards which shall bear the names set out in column (1) of the Schedule.
3
The wards shall comprise the areas described in column (2) of the 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 the Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or other similar geographical feature, it shall be treated as running along the centre line of the feature.
Minehead parish
3
1
The existing wards of the parish of Minehead shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Alcombe East, Alcombe West, Minehead North and Minehead South and each parish ward shall comprise the area of the ward of the district bearing the same name.
3
The number of councillors to be elected for each of the parish wards of Alcombe East and Alcombe West shall be three and for each of the parish wards of Minehead North and Minehead South shall be five.
Revocation
4
— The District of West Somerset (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
5th October 1998


text:
Citation and commencement
1
This Order may be cited as the Cardiff Community Healthcare National Health Service Trust (Establishment) Amendment Order 1998 and shall come into force on 1st September 1998.
Amendment of Establishment Order
2
For Article 3 of the Cardiff Community Healthcare National Health Service Trust (Establishment) Order 1995 there shall be substituted the following Article: —
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be —
a
to own and manage under section 5(1)(a) of the Act hospital accommodation and services provided at Whitchurch Hospital, Park Road, Cardiff CF4 1XB, Royal Hamadryad Hospital, Hunter Street, Cardiff Bay, Cardiff CF1 6UQ and associated hospitals;
b
to manage under section 5(1)(a) of the Act community health services provided from Trenewydd, Fairwater Road, Llandaff, Cardiff CF5 2LD and to own the associated premises;
c
to manage under section 5(1)(b) of the Act community health services provided from the Sealock Centre, 2nd Floor, Sealock Warehouse, Burt Street, Butetown, Cardiff CF1 6HZ; premises at 1st Floor, 128 Cowbridge Road West, Cardiff CF5 5BT and Meridian Court, North Road, Cardiff CF4 3BL and to provide the associated premises.
.
Signed by authority of the Secretary of State for Wales
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
10th August 1998


text:
PART I
GENERAL
Citation, commencement and application
1
1
These Regulations may be cited as the Education (School Information) (England) Regulations 1998 and shall come into force on 5th November 1998.
2
These Regulations apply in relation to maintained schools in England.
Revocation
2
The Education (School Information) (England) Regulations 1996 are hereby revoked.
Interpretation
3
1
In these Regulations, unless the context otherwise requires —
“the 1996 Act ” means the Education Act 1996;
“admission school year” means a school year at the beginning of which pupils are to be admitted to any school;
“assess” means assess pursuant to orders made under section 356(2)(c) of the 1996 Act and “assessment” shall be construed accordingly;
“associated documents” means the documents published by Her Majesty’s Stationery Office, setting out any levels of attainment and attainment targets in relation to the core subjects, which documents have effect by virtue of the respective section 356(2)(a) and (b) orders for those subjects for the time being in force ;
“authority” means a local education authority and, in relation to an authority, “the offices”means the education offices;
“core subjects” means English, mathematics and science;
“ GCE ‘A’ level examinations” and “GCE ‘AS’ examinations” means General Certificate of Education advanced level and advanced supplementary examinations respectively;
“ GCSE ” means General Certificate of Secondary Education;
“ GNVQ ” means a General National Vocational Qualification;
“local average figures” means the average figures for all schools maintained by the relevant authority (other than any special school established in a hospital), all grant-maintained schools, grant-maintained special schools (other than any established in a hospital), and all city technology colleges and city colleges for the technology of the arts, in the area of that relevant authority;
“maintained school” means:
any county or voluntary school;
any special school maintained by an authority which is not established in a hospital;
any grant-maintained school or grant-maintained special school which is not established in a hospital,
but excludes any nursery school;
“national average figures” means the average figures for all schools in England;
“national summary figures” means the summary figures in respect of National Curriculum assessments of pupils for all schools in England;
“ NC tasks” means National Curriculum standard tasks administered to pupils in the final year of the first key stage pursuant to article 5 of the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 1) (England) Order 1995 ;
“NC tests” means National Curriculum tests administered to pupils in, as the case may be, the final year of the second key stage or the final year of the third key stage pursuant to, respectively, article 5 of the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 2) (England) Order 1995 and article 10 of the Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (England) Order 1996 ;
“non-maintained special school” means a special school which is neither maintained by an authority nor a grant-maintained special school (and which is not established in a hospital);
“previous school year” means the school year immediately preceding the reporting school year;
“publication school year” means the school year immediately preceding the admission school year;
“public examinations” means public examinations which are for the time being prescribed by regulations made under sections 402, 451, 453 and 454 of the 1996 Act ;
“primary education” does not include such education provided at a middle school;
“relevant authority”, in relation to a county or voluntary school or a special school maintained by an authority which is not established in a hospital, means the authority by which the school is maintained and, in relation to a grant-maintained school or a grant-maintained special school which is not established in a hospital, means the authority in whose area the school is situated;
“reporting school year” means the school year immediately preceding the publication school year;
“school prospectus” means the document described in regulation 11;
“special educational needs” and “special educational provision” have the same meanings as in section 312 of the 1996 Act;
“special school” has the meaning assigned to it by section 337(1) of the 1996 Act;
“the statutory arrangements” means assessment arrangements specified by orders made under section 356(2)(c) of the 1996 Act;
“teacher assessment” means assessment of a pupil by a teacher as specified in the statutory arrangements;
“unit” in relation to a vocational qualification, means a module or part of a course leading to that qualification which, when successfully completed, can be counted together with other modules or parts towards obtaining that qualification; and
references to levels and attainment targets are references to, respectively, the levels of attainment of the National Curriculum level scale and attainment targets set out in the associated documents.
2
In these Regulations, unless the context otherwise requires, a reference to a numbered regulation or Schedule is a reference to a regulation in, or a Schedule to, these Regulations so numbered and any reference to a paragraph is to a paragraph of the regulation or Schedule in which the reference is made and, any reference to a sub-paragraph is a reference to a sub-paragraph of the paragraph in which the reference is made.
3
In these Regulations, any reference to a date up to which parents may express a preference for a school is a reference to the date by which, in accordance with arrangements made by the relevant local education authority under section 411(1) of the 1996 Act, a parent wishing education to be provided for his child in the exercise of the authority’s functions should express such a preference.
4
In these Regulations, unless the context otherwise requires, a reference to publication by the governing body of a school includes a reference to publication on behalf of the governing body by the relevant authority by virtue of section 414(8) of the 1996 Act.
5
In these Regulations, references to the first key stage, the second key stage, the third key stage and the fourth key stage are references to the periods set out in paragraphs (a) to (d) of section 355(1) of the 1996 Act.
6
In these Regulations, unless the context otherwise requires, references to pupils of a particular age are to pupils who attained that age during the period of twelve months ending on the 31st August immediately preceding the commencement of the reporting school year and who were registered pupils at the school on the third Thursday in January in the reporting school year.
7
In these Regulations —
a
except where otherwise provided, where a percentage which is required to be calculated by virtue of these Regulations is not a whole number it shall be rounded to the nearest whole number, the fraction of one half being rounded upwards to the next whole number;
b
where an average point score which is required to be calculated by virtue of these Regulations is not a whole number, it shall be calculated to one decimal place.
8
In these Regulations, references to examinations for which pupils at the school were entered include examinations for which they were entered otherwise than in pursuance of section 402 of the 1996 Act.
9
For the purposes of these Regulations, any examination for the GCSE for which a pupil aged 15 was entered during the previous school year or any earlier school year shall be treated as such an examination for which the pupil was entered during the reporting school year.
Qualification of duties
4
The duties imposed on governing bodies and authorities by virtue of these Regulations in respect of provision, publication or making available of information apply only to the extent that that information is available to the governing body or the authority in time for it to be reasonably practicable to provide, publish or make available the information before the latest occasion on which the information is required to be provided, published or made available as the case may be.
PART II
PROVISION OF INFORMATION BY HEAD TEACHER
Provision of information by head teacher to governing body
5
For the purpose of enabling the governing body to comply with their obligations under these Regulations, the head teacher of every maintained school shall make available to the governing body information about the matters mentioned in Schedule 2.
PART III
INFORMATION TO BE PUBLISHED OR PROVIDED BY AUTHORITIES
General information to be published by authorities
6
1
An authority shall publish with respect to its policy and arrangements in respect of primary and secondary education (including such education provided in a middle school) in its area information in respect of each of the matters specified in Schedule 1.
2
Where changes in respect of any of those matters have been decided on by the authority but not yet implemented, the authority shall also publish information about those changes.
3
This information shall be published as provided in regulation 7.
Time and manner of publication by authorities of general information and particulars of school admission arrangements and related matters.
7
1
This regulation shall apply in relation to the publication by an authority of —
a
information in respect of the matters specified in Schedule 1;
b
particulars of the arrangements mentioned in section 414(1), (3), (4) and (5) of the 1996 Act; and
c
particulars of the arrangements relating to voluntary aided or special agreement schools mentioned in section 414(2), (3) and (4) of the 1996 Act where those particulars are being published by the authority on behalf of the governing body of the school pursuant to subsection (8) of that section.
2
Such information and particulars shall be published during the publication school year and, except in so far as they relate exclusively to primary education or special educational provision, they shall be published no later than six weeks before the date up to which parents may express a preference for a school in respect of the admission school year.
3
Subject to paragraphs (4) to (9), such information and particulars shall be published —
a
by copies being made available for distribution without charge to parents on request, and for reference by parents and other persons —
i
at the offices of the relevant authority, and
ii
at every school maintained by that authority, other than a nursery school or a special school;
b
by copies being distributed without charge to parents of pupils at schools maintained by the relevant authority, other than nursery schools or special schools, who, in the publication school year, are in the final year at such schools and who might transfer to other schools so maintained; and
c
by copies being made available for reference by parents and other persons at the public libraries in the area of the relevant authority.
4
So far as the information in respect of the matters specified in paragraphs 3, 4 and 5 of Schedule 1 is concerned (schools maintained by the authority), the information in respect of schools in a particular part of the relevant local education authority’s area need not —
a
be made available at offices, schools and libraries outside that part; or
b
be distributed to the parents of pupils who are at schools outside that part,
if information about how it may be obtained is available at those offices, schools and libraries or, as the case may be, is distributed to those parents.
5
It shall be a sufficient compliance with paragraph (3)(a)(ii) if so much of the information and particulars as relates to schools classified as —
a
primary schools;
b
middle schools; or
c
secondary schools,
(irrespective of the terminology used) is available only in schools of the classification in question.
6
It shall be a sufficient compliance with paragraph (3)(b) if there is published so much of the information and particulars as is relevant having regard to the schools to which pupils in the final year at that school might transfer.
7
So far as the particulars specified in Part II of Schedule 1 are concerned (special educational provision), paragraphs (3), (4), (5) and (6) shall not apply but the particulars shall be published —
a
by copies being available for distribution without charge to parents on request, and for reference by parents and other persons, at the offices of the relevant authority; and
b
by copies being available for reference by parents and other persons —
i
at every school maintained by the relevant authority, and
ii
at the public libraries in the area of that authority.
8
Without prejudice to the foregoing provisions of this regulation, such particulars of the arrangements made by the relevant authority under section 423(1) of the 1996 Act (appeals against admission decisions) and mentioned in section 414(1)(c) of that Act shall also be published by being set out in any document containing a notification to parents of a decision referred to in section 423(1) of that Act refusing their child admission to a school for which the parents have expressed a preference in accordance with arrangements made under section 411(1) of that Act.
9
Information about the matters mentioned in paragraphs 7(2) and 18 of Schedule 1 (transport arrangements and policies) shall also be published by copies being distributed without charge to institutions within the further education sector or at which a further education funding council has secured provision which (in either case) the authority consider students resident within its area may wish to attend.
10
The particulars referred to in paragraph (1)(c) shall be supplied to the authority by the governing body and shall be published without material alteration.
PART IV
INFORMATION TO BE PUBLISHED BY GOVERNING BODIES
General information to be published by governing bodies
8
1
Subject to regulation 9, the governing body of a maintained school shall publish as respects that school the information specified in Schedule 2.
2
Subject to regulation 9, this information shall be published as provided in regulation 11.
Determination of examination results particulars and equivalency between GCSE examinations and vocational qualifications
9
1
The provisions of this regulation have effect for the purpose of determining the information specified in Schedule 2.
2
Subject to paragraph (14), if a pupil has been entered for two or more examinations in the same subject in the same school year, or in different school years which are treated as the same school year by virtue of regulation 3(9), only the examination in which he achieved the higher or highest grade shall be taken into account.
3
In the case of an examination leading to the award of GCSE in two subjects, a pupil shall be included only once in the number of pupils entered for the examination and taken into account only once in calculating the relevant percentages, but each grade awarded to him shall be treated as having been awarded in a separate subject.
4
In the case of any GCSE examination for which pupils aged 15 were entered, the information shall commence with the subjects listed in the first column of Schedule 4 in the order in which they are so listed.
5
For the purposes of this regulation, any GCSE examination in a subject listed in the first column of Schedule 4 is not to be treated as such unless the examination is in a syllabus referred to in the second column opposite that subject.
6
For the purposes of paragraph 12(1)(e) of Schedule 2, where a pupil is awarded a grade in an examination relating to a GCSE short course, he shall be treated as having achieved that grade in half a GCSE subject.
7
For the purposes of paragraph 12(1)(e) and (2) of Schedule 2, questions as to —
a
which vocational qualification award corresponds to which GCSE examination grade, and
b
the equivalency between GCSE examination results and vocational qualifications,
shall be determined in accordance with paragraphs (8) to (13) below.
8
Where a pupil is awarded a Part One GNVQ (Intermediate level), he shall be treated as having achieved grade A* to C in two GCSE subjects.
9
Where a pupil is awarded a Part One GNVQ (Foundation level), he shall be treated as having achieved grade D to G in two GCSE subjects.
10
Where a pupil is awarded an Intermediate GNVQ, he shall be treated as having achieved grade A* to C in four GCSE subjects.
11
Where a pupil is awarded a Foundation GNVQ, he shall be treated as having achieved grade D to G in four GCSE subjects.
12
Where a pupil is awarded a GNVQ Language Unit (Intermediate level), he shall be treated as having achieved grade A* to C in half a GCSE subject.
13
Where a pupil is awarded a GNVQ Language Unit (Foundation level), he shall be treated as having achieved grade D to G in half a GCSE subject.
14
In the case of a pupil who has been entered for both GCE ‘A’ level and GCE ‘AS’ examinations in the same subject —
a
except in the circumstances described in sub-paragraph (b), only the GCE ‘A’ level examination result shall be taken into account;
b
where the pupil achieves grade N or fails to achieve a grade in the GCE ‘A’ level examination but achieves a grade between A and E inclusive in the GCE ‘AS’ examination, only the GCE ‘AS’ examination result shall be taken into account.
15
Subject to paragraph (14), in calculating the number of GCE ‘A’ levels a pupil is entered for, one GCE ‘AS’ shall be treated as the equivalent of half a GCE ‘A’ level.
16
Subject to paragraph (14), for the purpose of determining point scores in GCE ‘A’ level and GCE ‘AS’ examinations, the following grades of achievement equate to the following points, namely:
GCE ‘A’ level: grade A=10 points; grade B=8 points; grade C=6 points; grade D=4 points; and grade E=2 points;
GCE ‘AS’: grade A=5 points; grade B=4 points; grade C=3 points; grade D=2 points; and grade E=1 point.
Performance information relating to the reporting school year
10
1
This regulation applies where the information relating to the results of assessment, public examination results, vocational qualifications and units and school attendance referred to in paragraphs 9, 10, 11, 12, 13 and 15 of Schedule 2 for assessment undertaken, examinations held, qualifications achieved in, or attendance during the reporting school year, is not available in time for it to be reasonably practicable to publish the information in accordance with regulation 11.
2
Where this regulation applies, the governing body shall, as soon as practicable after the information in question for the reporting school year is made available to them, and in any event not later than two weeks before the earlier of the two dates referred to in paragraph (3) of regulation 11, publish that information as a supplement to the school prospectus in the manner required by that regulation for the publication of the prospectus.
Publication of school prospectuses
11
1
This regulation applies in relation to the publication by the governing body of a maintained school of information in relation to the school specified in Schedule 2.
2
In the case of any maintained school —
a
such information shall be published in a single document to be known as the school prospectus; and
b
copies shall be made available at the school for distribution without charge to parents on request and for reference by parents and other persons.
3
The school prospectus shall be published during the publication school year and, except in the case of a primary school (other than a middle school deemed to be a primary school) or of a special school, it shall be published not later than six weeks before whichever is the earlier of the following dates —
a
the date by which an application for admission to that school in respect of the admission school year should be made in accordance with the arrangements for admission to that school;
b
the date up to which parents may express a preference for a school in respect of the admission school year.
4
Where any information of the kind referred to in Schedule 2 is to be published by the relevant authority, it shall be supplied to them by the governing body and shall be published without material alteration.
5
In the case of a special school such information shall also be published by copies being made available at the offices of the relevant authority for distribution without charge to parents on request and reference by parents and other persons.
6
In the case of any maintained secondary school, a copy of the school prospectus shall be provided without charge to the offices in the area served by the school of persons providing careers services in accordance with arrangements made, or directions given, under section 10 of the Employment and Training Act 1973 .
Publication of admissions arrangements
12
1
This regulation applies in relation to the publication by the governing body of an aided or special agreement school of particulars of the arrangements mentioned in section 414(2), (3) and (4) of the 1996 Act (except where those particulars are being published by the authority on the governing body’s behalf pursuant to section 414(8) of the 1996 Act).
2
Such particulars shall be published by copies being made available at the school for distribution without charge to parents on request and for reference by parents and other persons.
3
Such particulars shall be published during the publication school year and, except in the case of a primary school (other than a middle school deemed to be a primary school) or of a special school, it shall be published not later than six weeks before whichever is the earlier of the following dates —
a
the date by which an application for admission to that school in respect of the admission school year should be made in accordance with the arrangements for admission to that school;
b
the date up to which parents may express a preference for a school in respect of the admission school year.
4
Without prejudice to the foregoing provisions of this regulation, such particulars of the arrangements mentioned in subsection (2)(b) of section 414 of the 1996 Act (appeals against admissions decisions) shall also be published by being set out in any document containing a notification to parents of a decision referred to in subsection (2) of section 423 of that Act refusing their child admission to a school for which such parents have expressed a preference in accordance with arrangements made under subsection (1) of section 411 of that Act.
PART V
INFORMATION TO BE MADE AVAILABLE BY GOVERNING BODIES
13
The governing body of a maintained school shall make available in the school prospectus the information specified in Schedule 3.
PART VI
SUPPLEMENTARY
Supplementary provisions relating to published documents
14
1
This regulation shall apply in relation to any document which contains such information or particulars as are mentioned in the preceding provisions of these Regulations and which is published in accordance with them.
2
Such a document shall state the school year to which the information or particulars contained in it relate and contain a warning that, although they were correct in relation to that year at a date specified in the document (not being earlier than six months before that of its publication), it should not be assumed that there will be no change affecting the relevant arrangements or some matter particularised —
a
before the start of, or during, the school year in question, or
b
in relation to subsequent school years.
3
If it appears requisite to the governing body in respect of such a document to be published by them or, as the case may be, an authority in respect of such a document to be published by them or on behalf of the governing body, that a translation of such a document in a language other than English should be available or that a braille or audio tape version of such a document should be available, it shall be translated into that language or produced in a braille or audio tape version, as the case may be, and the document so translated or so produced shall be published in such manner as appears to the governing body or authority to be appropriate.
4
Parents shall not be charged for a copy of such a translated document or such a document produced in a braille or audio tape version if they are entitled without charge to a copy of the original document.
PART VII
TRANSITIONAL PROVISIONS
15
Where before the date that these Regulations come into force the governing body of a maintained school have already published, pursuant to regulation 8 of the Education (School Information) (England) Regulations 1996, for the publication school year ending in 1998 the information specified in Schedule 2 to those Regulations, the duties imposed under regulations 8 and 13 of these Regulations shall not apply in respect of that governing body and that school in relation to that publication school year.
Charles Clarke
Parliamentary Under Secretary of State,
Department for Education and Employment
14th October 1998


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (North Kent Marshes) 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 (North Kent Marshes) Designation Order 1993 .
Amendment of the principal Order
3
The principal Order shall have effect as if, in article 2 of the Environmentally Sensitive Areas (North Kent Marshes) Designation (Amendment) Order 1998 , for the words “the Environmentally Sensitive Areas (North Kent Marshes) Designation (Amendment) Order 1993” there were substituted “the Environmentally Sensitive Areas (North Kent Marshes) Designation Order 1993”.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
30th August 1998
We consent,
Bob Ainsworth
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
25th August 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Southern Derbyshire Acute Hospitals National Health Service Trust (Establishment) Order 1998 and shall come into force on 1st April 1998.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“the trust” means the Southern Derbyshire Acute Hospitals National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is established an NHS trust which shall be called the Southern Derbyshire Acute Hospitals National Health Service Trust.
Functions of the trust
3
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more Health Authorities) shall be —
a
to own and manage pursuant to section 5(1)(a) of the Act Derby City General Hospital, Uttoxeter Road, Derby DE22 3NE, Derbyshire Royal Infirmary, Devonshire House, London Road, Derby DE1 2QY and other premises associated with either of those hospitals, and there to provide hospital accommodation and services (including teaching and research facilities); and
b
to provide and manage pursuant to section 5(1)(b) of the Act hospitals or other establishments or facilities in the area of the Southern Derbyshire Health Authority, and there to provide hospital accommodation and services.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 executive directors and 5 non-executive directors.
Significant teaching commitment
5
1
The trust is to be regarded as having a significant teaching commitment by virtue of paragraph 3(2)(b) of Schedule 2 to the Act.
2
One of the non-executive directors of the trust shall be appointed from the University of Nottingham.
Operational date and accounting date of the trust
6
1
The operational date of the trust shall be 1st April 1998.
2
The accounting date of the trust shall be 31st March.
Restriction on disposal of assets
7
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State
Department of Health
18th March 1998


text:
1
These Regulations may be cited as the Registration of Political Parties (Access to the Register) Regulations 1998 and shall come into force on 14th January 1999.
2
The registrar shall keep the register open to inspection by any person on payment of a fee of £5 at the Information Centre, Companies House, Crown Way, Cardiff, during the hours when that Centre is open to the public.
3
1
The registrar shall, on request and on payment of a fee of £20, provide a copy of the register.
2
The registrar shall, on request and on payment of a fee of £5 for each party to which the request relates, provide a copy of the entry in the register in respect of any such party.
3
Where the register includes an index to the names of all the parties registered in it, the registrar shall, on request and on payment of a fee of £5, provide a copy of that index.
George Howarth
Parliamentary Under-Secretary of State
Home Office
21st November 1998


text:
PART 1
GENERAL
Citation, commencement and application
1
1
These Regulations may be cited as the Education (New Grant-maintained Schools) (Finance) Regulations 1998 and shall come into force on 1st April 1998.
2
These Regulations apply in relation to the financial year beginning on that date.
3
These Regulations apply in respect of grant-maintained schools situated in England which are established pursuant to proposals under section 211 or 212 of the 1996 Act (proposals for establishment of new schools) except to such a school which is established —
a
where section 213(3) of the 1996 Act applies (proposals by promoters to establish a new school in place of an existing independent school which it is proposed to discontinue on or before the date of implementation of the proposals in respect of the new school); or
b
in connection with the discontinuance of another grant-maintained school pursuant to proposals published under section 267 or 268 of the 1996 Act.
Interpretation
2
1
In these Regulations, except where the context otherwise requires —
“the 1996 Act” means the Education Act 1996;
“the 1997 Regulations ” means the Education (New Grant-maintained Schools) (Finance) Regulations 1997 ;
“financial year in question” means the financial year beginning in 1998;
“local education authority” means —
in relation to any school and financial year, the local education authority for the area in which the school is situated; or
where the school is situated in the area of more than one local education authority, such local education authority as the Secretary of State, after consultation with those local education authorities concerned, may determine;
“preceding financial year” means the financial year beginning in 1997;
“pupils with statements of special educational needs” means pupils for whom statements of their special educational needs are maintained under section 324 of the 1996 Act;
“school” means a grant-maintained school in respect of which these Regulations apply.
2
Expressions used in these Regulations set out in the first column of the following table shall have the meanings attributed to them by the provisions set out opposite thereto in the second column, references to regulations being references to regulations of these Regulations —
aggregated budget section 101(3)(b) of the 1996 Act allocation formula section 106(2) of the 1996 Act capital grants section 246(1) of the 1996 Act Central AMG regulation 4(1)(b) change in the characteristics of the school regulation 7(6) comparable maintained school regulation 7(2) date of implementation of the proposals section 217 of the 1996 Act Direct AMG regulation 4(1)(a) financial year section 579(1) of the 1996 Act general schools budget section 101(3)(a) of the 1996 Act maintained school regulation 7(2) maintenance grant section 244(1) of the 1996 Act relevant date regulation 18(7) relevant percentage regulation 8(2) scheme section 101(1) of the 1996 Act school’s budget share section 101(3)(c) and (6) of the 1996 Act special purpose grants section 245(1) of the 1996 Act.
3
For the purposes of these Regulations, a grant-maintained school is established on the date of implementation of the proposals in respect of the school under Chapter IV of Part III of the 1996 Act.
4
For the purposes of these Regulations, proposals for the establishment of a grant-main tained school or a comparable maintained school have been fully implemented when the number of pupils admitted to the school in each age group has, in the opinion of the funding authority, reached —
a
that number of pupils indicated by the local education authority, the promoters or the funding authority, as the case may be, when publishing proposals under section 35, 41, 211 or 212 of the 1996 Act for the establishment of that school, as the number to be admitted to each age group when the proposals were fully implemented; or
b
if no such number was indicated, such number as the funding authority may determine.
5
Unless the context otherwise requires, any reference in these Regulations to —
a
a numbered Part, regulation or Schedule is a reference to the Part, regulation or Schedule in these Regulations so numbered; and
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.
Revocation and transitional provisions
3
1
The 1997 Regulations are revoked.
2
Notwithstanding the provisions of these Regulations, the 1997 Regulations shall continue to apply for the purposes of —
a
determining, apportioning and redetermining the amount of maintenance grant payable in respect of a school as therein defined situated in England for the financial year ending on 31st March 1998; and
b
determining (and revising) the total amount of maintenance grant which the Secretary of State may recover from the local education authority (within the meaning of those Regulations) for such a school in respect of that year.
3
Paragraph (1) is without prejudice to the continued operation after 31st March 1998 of any requirements imposed by the funding authority on a governing body to whom payments in respect of maintenance grant, capital grant and special purpose grant have been made under the 1997 Regulations.
PART 2
MAINTENANCE GRANT
Determination of amount of maintenance grant
4
1
The amount of maintenance grant payable for the financial year in question in respect of a school shall be the aggregate of the following amounts —
a
an amount (Direct AMG) determined in accordance with, as the case may be, regulation 5, 6 or 11;
b
an amount (Central AMG) determined in accordance with regulation 8 or that regulation as it has effect in accordance with regulation 12 (apportionment);
c
an amount determined in accordance with regulation 9 (Section 11 funding), regulation 10 (school meals, subject in the case of a school established in September in the financial year in question to apportionment under regulation 13), regulation 14 (contingencies) and regulation 15 (nursery education); and
d
(where applicable) an amount determined in accordance with regulations 16 and 17 (deductions representing excessive surpluses in previous year and excessive severance payments).
2
Where in the opinion of the funding authority precise calculation for the purpose of determining any of the amounts referred to in paragraph (1) —
a
would be impracticable;
b
would not significantly affect the amount; or
c
would be disproportionately costly having regard to the complexity of the calculation and the likely effect on the amount,
paragraph (1) shall have effect as if it required the funding authority to determine as the amount of maintenance grant payable for the financial year in question such amount as appears to them to be fair and reasonable having regard in particular to the local education authority’s scheme.
Determination of Direct AMG for a complete financial year by reference to a comparable maintained school’s budget share
5
1
This regulation applies in the case of a school established on or before 1st April in the financial year in question.
2
In any case to which this regulation applies, and subject to regulation 6 (alternative method), the funding authority shall determine an amount which appears to them to be equal or approximate to an amount which the local education authority could have determined, by the application (subject to regulation 7) of the allocation formula in their scheme in relation to a comparable maintained school covered by the scheme, as such a school’s budget share for the financial year in question.
Alternative method of determining Direct AMG
6
1
The funding authority shall in the case of a school established on or before 1st April in the financial year in question, instead of determining an amount under regulation 5, determine, after consulting the local education authority and the governing body of the school, an amount in accordance with this regulation which is the aggregate of the amounts determined under paragraphs (2), (8) and (9), if such amount would be larger than the amount that would be determined under regulation 5.
2
The funding authority shall determine an amount which appears to them to be equal or approximate to an amount which the local education authority could have determined, by the application (subject to regulation 7) of the allocation formula in their scheme in relation to a comparable maintained school covered by the scheme, as such a school’s budget share for the financial year in question on the hypotheses, for the purposes of this paragraph, set out in paragraphs (3) to (7).
3
In the case of a school situated in the area of a local education authority which does not use estimates of pupil numbers for the purposes of the allocation formula, the number of registered pupils at the school aged under 16 on 31st August 1998 is —
a
in the case of a primary school, 80 (“the minimum threshold”) or, if higher, the number which the funding authority estimate will be the number of such pupils at the school on a date in April in the financial year in question determined by them; or
b
in the case of a secondary school, 220 (“the minimum threshold”) or, if higher, the number which the funding authority estimate will be the number of such pupils at the school on a date in April in the financial year in question determined by them.
4
In the case of a school situated in the area of a local education authority which does use estimates of pupil numbers for the purposes of the allocation formula, the number of registered pupils at the school aged under 16 on 31st August 1998 is —
a
in the case of a primary school, 80 (“the minimum threshold”) or, if higher, 5/12ths of the number which the funding authority estimate will be the number of such pupils at the school on a date in April in the financial year in question determined by them and 7/12ths of the number which they estimate will be the number of such pupils at the school on a date in September in the financial year in question determined by them; or
b
in the case of a secondary school, 220 (“the minimum threshold”) or, if higher, 5/12ths of the number which the funding authority estimate will be the number of such pupils at the school on a date in April in the financial year in question determined by them and 7/12ths of the number which they estimate will be the number of such pupils at the school on a date in September in the financial year in question determined by them.
5
The ages of notional pupils (being the number by which the minimum threshold exceeds the funding authority’s estimate of pupil numbers under paragraph (3), or the composite number based on the funding authority’s estimates of pupil numbers under paragraph (4)) are determined pro rata according to the distribution of ages of pupils in that estimate or in that composite number based on those estimates, as the case may be.
6
The number of registered pupils aged 16 or over on 31st August 1998 at the school is the number which the funding authority estimate will be the number of such registered pupils at the school on a date in April in the financial year in question determined by them.
7
The allocation formula does not contain any factors which are applicable wholly or mainly to comparable maintained schools the proposals for the establishment of which have not yet been fully implemented.
8
The funding authority shall determine £3,000 in respect of the school if the number, which they estimate will be the number of registered pupils at the school on a date in the financial year in question determined by them, is less than 80% of the number of registered pupils who will be at the school when the proposals for the establishment of the school have been fully implemented.
9
If the number which the funding authority estimate will be the number of pupils at the school on a date in the financial year in question determined by them is less than 80% of the number of registered pupils who will be at the school when the proposals for the establishment of the school have been fully implemented, the funding authority shall determine in respect of the school £750 for every 15 registered pupils (rounding down to the nearest number divisible by 15) which they estimate will be in each age group on that date in the financial year in question determined by them.
Additional provisions for determining Direct AMG
7
1
Where —
a
at any time before the beginning of the financial year in question the allocation formula included a particular factor; and
b
the scheme has been revised, varied or replaced under section 111 or 114 of the 1996 Act at any time before the relevant date in relation to the school as initially determined in accordance with regulation 18(2), and for the financial year in question —
i
no such provision is included in the allocation formula, or
ii
the proportion of a comparable maintained school’s budget share derived from the application of that provision would be less than it would have been had the scheme not been so revised, varied or replaced,
the allocation formula shall be deemed, for the purposes of determining the amount under regulation 5 or 6, as the case may be, to include such provision for taking into account any such factor (but subject always to regulation 6(7)) as it had effect immediately before the scheme was so revised, varied or replaced:
Provided that the funding authority shall add to, or subtract from, any sum derived from the application of the said provision such amount as appears to them to be fair and reasonable having regard to any increase or decrease in the actual or planned level of spending of the local education authority in respect of schools maintained by them occurring during or since the financial year which preceded the financial year in which such revision, variation or replacement occurred.
2
Subject to paragraphs (3), (4) and (5), references in this Part to a maintained school are references to a school maintained by the local education authority in question, and references to a comparable maintained school are references to a maintained county school, any characteristics of which relevant for the purposes of any formula of a kind referred to in regulation 5 or 6, as the case may be, are identical to any such characteristics of the grant-maintained school and are references (in particular) to a school —
a
the number of registered pupils in each age group at which is identical to the number of such pupils in each age group at the grant-maintained school; and
b
any other factors affecting the needs of which (including, in particular, the number of registered pupils at the school who have special educational needs and the nature of the special educational provision required to be made for them) are identical to any other factors affecting the needs of the grant-maintained school.
3
Where the allocation formula includes provision for taking into account the amount of any non-domestic rate payable in respect of a school, the funding authority shall, in applying the allocation formula for the purpose of determining the amount under regulation 5 or 6, as the case may be, apply the provision as if the amount of the non-domestic rate payable was, in the case of Brinkley Grove Primary School, Essex and Blenheim High School, Surrey, that payable in respect of a comparable maintained county school.
4
For the purposes of this regulation, it is to be assumed that there is a comparable maintained school covered by the local education authority’s scheme whether or not there is in fact such a school.
5
In this regulation “factor” means, in relation to the allocation formula, any circumstance, fact or matter affecting the needs of individual schools and subject to variation from school to school which is to be taken into account in accordance with the allocation formula.
6
References in these Regulations to any change in the characteristics of the school include, in particular, references to any change in the number of registered pupils thereat.
Determination of Central AMG
8
1
Subject to regulation 12 (apportionment), the funding authority shall determine an amount for Central AMG which is equal to the relevant percentage of the amount calculated in respect of the school in accordance with regulation 5(2) (Direct AMG by reference to a comparable maintained school’s budget share) whether or not Direct AMG for the school was determined under that regulation or regulation 6.
2
In these Regulations the relevant percentage is the percentage determined in accordance with Schedule 1.
Section 11 funding
9
1
Subject to paragraph (2), the funding authority shall determine in respect of the period in the financial year in question during which the school is a grant-maintained school (“the period in question”), the amount, if any, which it appears to them, were the school maintained by the local education authority, could have been allocated for the purposes of the school in accordance with the authority’s scheme in support of expenditure of the kind referred to in section 11 of the Local Government Act 1966 in respect of posts approved by the Secretary of State for the purpose of making grants in respect of such expenditure, not being expenditure expected to be offset by income received as central government grants or grant from any of the European Communities.
2
If no such amount as referred to in paragraph (1) could have been so allocated in respect of the period in question the funding authority shall determine —
a
the amount which could have been so allocated in respect of an equivalent period in the last financial year, if any, in which any amount could have been so allocated; or
b
if no such amount as is referred to in sub-paragraph (a) above could have been so allocated such amount as appears to them to be fair and reasonable, being not more than half of the amount of “approved expenditure” which they estimate will be incurred by the governing body of the school for the period in question.
3
In paragraph (2)(b) “approved expenditure” means expenditure of the kind referred to in section 11 of the Local Government Act 1966 both in respect of posts and of an amount approved by the Secretary of State for the purpose of making grants in respect of such expenditure.
Calculation of an amount in respect of the provision of school meals
10
1
Subject to regulation 13 (apportionment), the funding authority shall determine an amount in respect of the provision of school meals calculated by the application of the following formula —
( M × F ) ( P ) + ( S × G ) ( B )
where
M is the number of registered pupils in receipt of free school meals at the school on a date in the financial year in question determined by the funding authority;
F is the amount which, in the opinion of the funding authority, the local education authority will spend in the financial year in question in providing meals to pupils in receipt of free school meals at relevant schools, excluding any such expenditure falling within their aggregated budget;
P is the number of registered pupils in receipt of free school meals at relevant schools on a date in the financial year in question determined by the funding authority;
S is the number of registered pupils at the school who bought meals at the school on a date in the financial year in question determined by the funding authority;
G is the amount (which may not be less than zero) which, in the opinion of the funding authority, the local education authority will spend in the financial year in question on school meals, other than free school meals, at relevant schools and excluding —
expenditure to be met from any charges for such meals, and
expenditure falling within their aggregated budget; and
B is the number of registered pupils at relevant schools who bought meals at those schools on a date in the preceding financial year determined by the funding authority.
2
In paragraph (1) “relevant schools” means all primary or all secondary schools maintained or formerly maintained by the authority required to be covered by a statement for the year under section 122(2) of the 1996 Act, according as to whether the school is a primary school or a secondary school.
3
Without prejudice to regulation 19 (adjustments), until such time as the funding authority are able to determine an amount by the application of the formula in this regulation, having regard to the date or dates determined by them for the purposes of “M”, “P” and “S”, the funding authority shall determine such amount (“the estimated amount”) in respect of the provision of school meals as appears to them to be fair and reasonable and if the amount subsequently determined in accordance with the said formula is different from the estimated amount, they may revise their determination accordingly (whether or not this reduces the amount of maintenance grant payable in respect of the school for the financial year in question).
Determination of Direct AMG for schools established in September in the financial year in question
11
1
This regulation applies in the case of a school established in September in the financial year in question.
2
In any case to which this regulation applies the funding authority shall determine an amount in accordance with regulation 5 or 6, and subject to paragraph (3) below, as if the school had been established on 1st April in the financial year in question, and shall apportion that amount in accordance with the following formula —
( A × 7 / 12 ) + B ,
where
A is the amount so determined under regulation 5 or 6, as the case may be, but in the latter case is less the sum of the amounts determined in accordance with paragraphs (8) and (9) of that regulation; and
B is only added where Direct AMG has been determined under regulation 6 and is the sum of the amounts determined in accordance with paragraphs (8) and (9) of that regulation.
3
a
In any case to which this regulation applies paragraphs (3) and (4) of regulation 6 shall have effect as if the number of registered pupils at the school aged under 16 on 31st August 1998 is —
i
in the case of a primary school, 80 (“the minimum threshold”) or, if higher, the number which the funding authority estimate will be the number of such pupils at the school on a date in September in the financial year in question determined by them, or
ii
in the case of a secondary school, 220 (“the minimum threshold”) or, if higher, the number which the funding authority estimate will be the number of such pupils at the school on a date in September in the financial year in question determined by them.
b
In any case to which this regulation applies paragraph (6) of regulation 6 shall have effect as if for the reference to “a date in April” there were substituted a reference to “a date in September.”
Determination of Central AMG — apportionment for schools established in September in the financial year in question
12
1
This regulation applies in the case of a school established in September in the financial year in question.
2
Where this regulation applies, regulation 8 (determination of Central AMG) shall have effect as if it required the funding authority to determine the relevant percentage of the amount determined in accordance with the following formula —
( A × J ) 365 ,
where
J is the amount calculated in accordance with regulation 5(2) (Direct AMG by reference to a comparable maintained school’s budget share) in respect of the school as if it had been established on 1st April in the financial year in question; and
A is the number of days in the financial year falling on or after the date on which the school was established.
Apportionment in respect of the provision of school meals for schools established in September in the financial year in question
13
In the case of a school established in September in the financial year in question, the amount of maintenance grant payable in respect of the provision of school meals determined under regulation 10 for the financial year in question shall be apportioned in accordance with the following formula —
A × C × F B ,
where
A is the number of days in the financial year falling on or after the date on which the school was established;
B is 365;
C is the amount determined in accordance with regulation 10 (school meals);
F is 1.015.
Contingencies
14
The funding authority shall determine the amount which it appears to them, were the school maintained by the local education authority, could have been allocated for the purposes of the school in accordance with the authority’s scheme in respect of contingencies.
Nursery Education
15
Where the school provides education for junior pupils who have not attained the age of five years, the funding authority shall determine an amount in respect of such provision which they are satisfied is fair and reasonable having regard in particular to the extent to which, in their opinion, the cost of such provision ought to be met from the amount determined in accordance with (as the case may be) regulation 5, 6 or 11 (Direct AMG).
Excessive surpluses
16
1
The funding authority shall determine the amount which appears to them to be equal or approximate to that amount of the school’s maintenance grant and special purpose grant paid in respect of costs incurred by the school in respect of Value Added Tax for the preceding financial year which has not been spent by the governing body (“the unspent amount”).
2
Paragraph (3) applies where the unspent amount is greater than the sum of —
a
20 per cent. of the amount of maintenance grant that would, ignoring the effects of this regulation, be payable in respect of the school for the financial year in question; and
b
the amount of special purpose grant which the funding authority estimate they would, ignoring the effects of this regulation, pay to the governing body in the financial year in question in respect of costs incurred by the school in respect of Value Added Tax.
3
Where this paragraph applies, the amounts to be added together for the purpose of determining the amount of maintenance grant payable in respect of the school under regulation 4(1) shall have deducted from them such amount, if any, as the funding authority, having consulted the governing body of the school, may determine being no greater than the difference between the unspent amount and the sum of the amounts referred to in paragraph (2)(a) and (b).
Excessive Severance Payments
17
1
This regulation applies in a case where the funding authority are, after consultation with the governing body of the school, of the opinion that the governing body have made a payment in respect of the dismissal, or for the purpose of securing the resignation, of any member of the staff of the school which is, having regard to all the circumstances of the case, excessive or wholly improper.
2
Where this regulation applies the amounts to be added together for the purpose of determining the amount of maintenance grant payable in respect of the school under regulation 4(1) shall have deducted from them such part of the payment referred to in paragraph (1) as the funding authority regard as excessive or, where they are of the opinion that the payment is wholly improper, the whole of the payment.
Relevant date
18
1
Subject to regulation 25 (relevant date for the purposes of a redetermination of the amount of maintenance grant), any amount required to be determined by the funding authority under this Part shall be determined on the information available to them on the relevant date.
2
In paragraph (1), the relevant date is such date as the funding authority may determine and different dates may be determined for different cases or classes of case.
3
The funding authority may, in any case where they consider it appropriate to do so, redetermine the relevant date.
4
Where —
a
the funding authority determine the relevant date, in respect of any school for the financial year in question, in accordance with paragraph (2); or
b
they redetermine the relevant date in accordance with paragraph (3),
they shall notify the governing body of the school and the local education authority in writing of that fact.
5
Where there is not available to the funding authority on the relevant date sufficient information as will, in their opinion, allow them to determine any amount referred to in paragraph (1) they may determine the amount of maintenance grant payable in respect of the school on such basis as appears to them to be fair and reasonable having regard to the information available to them on the relevant date.
6
The funding authority shall not take into account any information made available to them after the relevant date (but before the date of their determination) for the purposes of determining the amount of maintenance grant payable in respect of a school for the financial year in question.
7
References in this Part to the relevant date are references to the date referred to in paragraph (2) unless the relevant date has been redetermined in accordance with paragraph (3) in which case it is a reference to that date as redetermined.
Adjustments
19
1
Without prejudice to paragraph (5) but subject to paragraph (7) and regulation 24 (transfer of site), this paragraph applies where —
a
after determining the amount of maintenance grant payable in respect of any school for the financial year in question in accordance with this Part it appears to the funding authority that, by reason of —
i
any change in the characteristics of the school,
ii
any change in the level of spending by the local education authority, or
iii
any other change affecting the needs of the school,
the amount so payable should be revised; or
b
the funding authority are satisfied that their determination of the amount of maintenance grant payable in respect of any school for the financial year in question was made in ignorance of, or was based on a mistake as to, some material fact, or was not in accordance with these Regulations.
2
In any case to which paragraph (1) applies, the funding authority may redetermine the amount of maintenance grant payable in respect of the school for that year in accordance with these Regulations and, if the amount so redetermined is different from the amount previously determined, revise their determination accordingly.
3
Subject to paragraph (4), paragraph (2) shall not enable the funding authority to revise their determination of maintenance grant so as to reduce the amount of grant payable in respect of the school concerned for the financial year in question.
4
The funding authority may revise their determination of maintenance grant so as to reduce the amount payable where —
a
that determination was made in ignorance of, or was based on a mistake as to, some material fact; and
b
such ignorance or mistake was not attributable to an act or omission of the local education authority.
5
Where it appears to the funding authority that, by reason of any extraordinary circumstances, the amount of maintenance grant determined in respect of a school for the financial year in question is insufficient to enable the governing body of the school adequately to carry out their functions with respect to the conduct of the school, they may redetermine the amount of maintenance grant payable in respect of the school for that year in accordance with paragraph (6), and revise their determination accordingly.
6
Where the funding authority decide to redetermine the amount of maintenance grant by virtue of paragraph (5), they shall redetermine that amount by adding to it such amount as appears to them to be necessary for the purpose of enabling the governing body adequately to carry out their functions with respect to the conduct of the school.
7
Where the funding authority have determined the amount of Direct AMG in respect of a school under regulation 6 (including calculation in accordance with that regulation for the purposes of apportionment under regulation 11) they may not redetermine the amount of Direct AMG in respect of that school under regulation 5 (including calculation in accordance with that regulation for the purposes of apportionment under regulation 11) for the financial year in question.
Redetermination to enable governing body to carry out their functions
20
Where it appears to the funding authority that the amount of maintenance grant determined in respect of a school for the financial year in question is insufficient to enable the governing body of the school adequately to carry out their functions with respect to the conduct of the school, they may, after consultation with the local education authority and the governing body of the school, redetermine the amount of maintenance grant payable in respect of the school for the year and revise their determination by adding such amount as appears to them to be fair and reasonable for the purpose of enabling the governing body adequately to carry out their functions with respect to the conduct of the school.
Redetermination to take into account local education authority capital expenditure from the revenue account
21
1
The funding authority may redetermine the amount of maintenance grant payable in respect of the school for the year and revise their determination by adding to the amount so determined such sum as appears to them to be fair and reasonable having regard to —
a
the amount of expenditure of a capital nature incurred by the local education authority in respect of relevant schools;
b
the proportion of the total amount of expenditure of a capital nature incurred by the local education authority charged to a revenue account of the authority as defined in section 41(2) of the Local Government and Housing Act 1989 ;
c
the amount of capital grants paid to the governing body of the school by the funding authority in the financial year in question.
2
In paragraph (1) —
“expenditure of a capital nature” means expenditure treated by the local education authority as expenditure of a capital nature; and
“relevant schools” means all primary or all secondary schools maintained or formerly maintained by the authority required to be covered by a statement for the year under section 122(2) of the 1996 Act, according as to whether the school is a primary school or a secondary school.
Notice of revisions to the governing body and the local education authority
22
Where in accordance with regulation 10(3) (redetermination of school meals), 19 (adjustments), 20 (redetermination to enable governing body to carry out their functions) or 21 (capital expenditure from the revenue account) the funding authority revise the amount of maintenance grant payable in respect of any school for the financial year in question they shall give notice thereof to the local education authority and to the governing body of the school.
Further revisions
23
A determination which has been revised in accordance with regulation 19, 20 or 21 may be further revised in accordance with those regulations and may be so further revised notwithstanding that the funding authority are satisfied that the revised determination was not made in accordance with these Regulations.
Transfer of site
24
Where, after the funding authority have determined under this Part the amount of maintenance grant payable in respect of any school for the financial year in question, the school is transferred to a new site in the area of another local education authority, the provisions of this Part shall apply for the purposes of redetermining the amount of maintenance grant payable in respect of the school for that year as if the school had not been so transferred.
Application of relevant date provisions to a redetermination of the amount of maintenance grant
25
1
In its application for the purposes of any redetermination under regulation 19 (adjustments) of the amount of maintenance grant payable in respect of a school for the financial year in question, regulation 18 (relevant date) shall have effect subject to the following provisions of this regulation.
2
Where the redetermination of maintenance grant is under regulation 19(2) on one or more of the grounds specified in paragraph (1)(a) of that regulation, the funding authority may take into account for the purposes of the redetermination any information received by them after the relevant date which relates to any of the reasons for making the redetermination.
3
Where the redetermination of maintenance grant under regulation 19(2) is made on the grounds, specified in paragraph (1)(b) of that regulation, that the funding authority are satisfied that their determination was made in ignorance of, or was based on a mistake as to, some material fact, they may take into account any information received by them after the relevant date which relates to that fact.
4
Where in accordance with paragraphs (2) and (3) any additional information is taken into account by the funding authority for the purposes of redetermining grant under regulation 19(2), they may take that information into account for the purposes of making any further redetermination under that regulation.
5
Regulation 18 (relevant date) shall not apply where a redetermination is made by the funding authority in accordance with regulation 19(5) and (6) (redetermination by reason of extraordinary circumstances), regulation 20 (redetermination to enable governing body to carry out their functions) and regulation 21 (capital expenditure from the revenue account).
6
Where the redetermination of maintenance grant is in accordance with regulation 10(3) (redetermination of school meals), the funding authority may take into account information received by them after the relevant date which relates to the number of registered pupils at the school in receipt of free school meals or who bought meals at the school or to the number of registered pupils in receipt of free school meals at relevant schools (as defined in regulation 10(2)).
Requirements which may be attached to payment of maintenance grant
26
1
The requirement set out in paragraph 1 of Schedule 2 (conduct of school) is specified as a requirement which may be imposed by the funding authority on governing bodies to whom payments of maintenance grant are or have been made.
2
The funding authority may determine, for the purposes of the application of section 247(1) and (2) of the 1996 Act to such governing bodies, any requirement referred to in paragraphs 2 to 4 of Schedule 2 (requirements as to accounts and financial affairs).
PART 3
CAPITAL AND SPECIAL PURPOSE GRANTS
Capital grants
27
The funding authority may pay capital grants in respect of expenditure of a capital nature of a class or description specified in Schedule 3 incurred or to be incurred by the governing body of a school.
Special purpose grants
28
1
The funding authority may pay special purpose grants in respect of expenditure of any class or description specified in Schedule 4 incurred or to be incurred by the governing body of a school —
a
for or in connection with the educational purposes so specified; or
b
in respect of any expenses so specified being expenses which it appears to the funding authority the governing bodies of schools cannot reasonably be expected to meet from maintenance grant.
2
Special purpose grants may be paid on a regular basis in respect of expenditure of a recurrent kind or by reference to expenditure incurred or to be incurred on particular occasions or during any particular period.
Requirements which may be attached to payment of capital or special purpose grants
29
1
The requirements set out in paragraph 1 of Schedule 2 (conduct of the school) and paragraph (2) below are specified as requirements which may be imposed by the funding authority on governing bodies to whom payments of capital or special purpose grants are or have been made.
2
The requirements referred to in paragraph (1) are —
a
a requirement that any such payment shall be applied for the purpose of defraying expenditure in respect of which it was made and for no other purpose; and
b
a requirement that such a payment shall be so applied before a date specified by the funding authority.
3
The funding authority may determine for the purposes of the application of section 247(1) and (2) of the 1996 Act to such governing bodies as are referred to in paragraph (1) —
a
any requirement referred to in paragraphs 2 to 4 of Schedule 2 (requirements as to accounts and financial affairs);
b
any requirement formulated for the purpose of assisting the funding authority to be satisfied that a requirement imposed in accordance with paragraph (2) is being, or has been, complied with including, in particular, requirements as to the furnishing by the governing body of audited statements relating to expenditure in respect of which the grant has been paid together with such accounts, receipts, invoices and other information as the funding authority may require in order to verify the same; and
c
any requirement as to the repayment, in whole or in part, of payments made to the governing body in respect of such grant if any other requirement imposed by the funding authority in accordance with this regulation subject to which the payments were made is not complied with.
4
The funding authority may determine for the purposes of the application of that section to such governing bodies as are referred to in paragraph (1), requirements as to the payment to the funding authority, if any conditions specified in the requirements are satisfied, of the whole or any part of the amount referred to in section 247(7) of the 1996 Act (subject always, where any payment is made in respect of capital grants, to the provisions of section 247(8) of that Act).
PART 4
RECOVERY OF AMOUNTS IN RESPECT OF MAINTENANCE GRANT FROM A LOCAL EDUCATION AUTHORITY
Determination of amount to be recovered
30
The total amount which the Secretary of State may recover by virtue of section 256 of the 1996 Act from a local education authority named in a determination under that section applying that section in respect of any school in relation to the financial year in question is the amount determined in accordance with these Regulations as the amount of the maintenance grant payable in respect of the school and financial year in question (as from time to time revised) but excluding any amount determined under regulation 21 (capital expenditure from the revenue account).


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Amendment Order 1998 and shall come into force on 6th April 1998.
2
In this Order, “the principal Order ” means the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983.
Amendment of article 18 of the principal Order
2
In article 18 of the principal Order (unemployability allowances) in paragraph (2) for the amount “£2,418” there shall be substituted the amount “£2,496”.
Amendment of article 29 of the principal Order
3
In article 29 of the principal Order (pensions to widows) in paragraph (1A) for the amount “£52.80” there shall be substituted the amount “£54.70”.
Amendment of Schedules to the principal Order
4
1
In Schedule 1 to the principal Order (rates of retired pay, pensions, gratuities and allowances in respect of disablement) —
a
for the Table in Part II there shall be substituted the Table set out in Schedule 1 to this Order;
b
for Tables 1 and 2 of Part III there shall respectively be substituted the Tables set out in Schedules 2 and 3 to this Order; and
c
for Part IV there shall be substituted the Part set out in Schedule 4 to this Order.
2
In Schedule 2 (rates of pensions and allowances in respect of death) —
a
for Tables 1, 2, 3, 4 and 5 of Part II there shall be substituted the Tables set out in Schedule 5 to this Order; and
b
for Part III there shall be substituted the Part set out in Schedule 6 to this Order.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Functions of Health Authorities) (Prescribing Incentive Schemes) Regulations 1998 and shall come into force on 31st March 1998.
2
In regulation 2 —
“ the Act ” means the National Health Service Act 1977;
“directions” means directions given by the Secretary of State under section 17 of the Act;
“practice” means —
one with respect to which section 18(1) of the National Health Service and Community Care Act 1990 applies, or
one which consists of —
a single medical practitioner who is on the medical list of a Health Authority and who practises otherwise than in partnership, or
in the case of two or more medical practitioners who practise in partnership with each other, each medical practitioner who is on the medical list of a Health Authority,
and who (in a paragraph (b)(i) case) is a member, or who (in a paragraph (b)(ii) case) are all members, of a fund-holding practice which has been granted recognition as a GP commissioning group in accordance with regulation 5 of the National Health Service (Fund-holding Practices) Regulations 1996 ; and
“prescribing incentive scheme” means a scheme under which a Health Authority is required to make a payment to a practice which, in a financial year, has contained its prescribing costs as specified in directions.
Prescribed function of Health Authorities
2
For the purposes of section 15(1)(b) of the Act it shall be a prescribed function of each Health Authority to establish, operate and make payments to practices under a prescribing incentive scheme in accordance with directions.
Revocation
3
The National Health Service (Functions of Family Health Services Authorities) (Prescribing Incentive Schemes) Regulations 1995 are hereby revoked.
Frank Dobson
One of Her Majesty’s Principal Secretaries of State,
Department of Health
10th March 1998


text:
Citation and commencement
1
These Rules may be cited as the Mental Health Review Tribunal (Amendment) Rules 1998 and shall come into force on 1st June 1998.
Amendment of the Mental Health Review Tribunal Rules 1983
2
1
The Mental Health Review Tribunal Rules 1983 shall be amended in accordance with the following provisions of this rule.
2
In rule 7 (notice to other persons interested) for the words “restricted patient,” there shall be substituted the words “conditionally discharged patient,”.
3
In rule 25(2) (further consideration after decision with recommendations) the words “and, in the case of a restricted patient, the Secretary of State” shall be omitted.
4
In rule 29 (references) —
a
in paragraph (a) after the word “apply” there shall be added the words “and where a reference is made under section 75(1) of the Act rule 20 shall also not apply;”;
b
in paragraph (c) after the word “application;” there shall be added the words
and where a reference is made under section 75(1) of the Act —
i
rule 6(2) shall apply as if the period of time specified therein was 2 weeks instead of 3 weeks; and
ii
on receipt of the authority’s statement, the tribunal shall give notice of the date, time and place fixed for the hearing to any person whom the tribunal notifies of the proceedings under rule 7;
;
c
after paragraph (c) there shall be inserted the following paragraph —
cc
where a reference is made under section 75(1) of the Act, on receipt of the reference the tribunal shall —
i
fix a date for the hearing being not later than eight weeks, nor earlier than five weeks, from the date on which the reference was received;
ii
fix the time and place for the hearing; and
iii
give notice of the date, time and place of the hearing to the patient, the responsible authority and the Secretary of State;
.
Irvine of Lairg, C.
Made 7th May 1998