text:
Citation and commencement
1
1
These Regulations may be cited as the Criminal Justice Act 1991 (Notice of Transfer) (Amendment) Regulations 1998 and shall come into force on 1st April 1998.
Amendment of 1992 Regulations
2
1
The Criminal Justice Act 1991 (Notice of Transfer) Regulations 1992 shall be amended as follows —
a
for paragraph (b) of regulation 3 there shall be substituted the following paragraph —
b
subject to regulation 3A below, copies of the documents containing the evidence (including oral evidence) on which any charge to which the notice of transfer relates is based.
;
b
after regulation 3 there shall be inserted the following regulation —
3A
There shall be no requirement for copies of any documents referred to in the documents sent with the notice of transfer as having already been supplied to accompany the copy of the notice of transfer given in accordance with regulation 3 above.
;
c
for paragraph (b) of regulation 4 there shall be substituted the following paragraph —
b
copies of the documents referred to in paragraph (b) of that regulation, including both those which accompanied the copy of the notice of transfer given to the person to whom the notice relates and those which had already been supplied.
;
d
in Form 2 in the Schedule —
i
in paragraph 4 after the words “the copy of that notice given to you” there shall be inserted the words “or is referred to as having already been supplied to you”;
ii
at the end of paragraph 5 there shall be added the following —
which have not already been supplied to you. Where such a statement or document has already been supplied, that fact is indicated on the list.
;
iii
for paragraph 6 there shall be substituted the following paragraph —
6
I also enclose a list of the exhibits in your case together with copies of those exhibits which are in documentary form which have not already been supplied to you. Where a copy has already been supplied, that fact is indicated on the list.
.
John Morris
Her Majesty’s Attorney General
23rd February 1998


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Contributions) (Re-rating) Consequential Amendment Regulations 1998 and shall come into force on 6th April 1998 immediately after the coming into force of the Social Security (Contributions) (Re-rating and National Insurance Fund Payments) Order 1998 .
Amendment of the Social Security (Contributions) Regulations 1979
2
In regulation 98 of the Social Security (Contributions) Regulations 1979 (modification of provisions of the Social Security Contributions and Benefits Act 1992 in relation to share fishermen) , in paragraph (c) (weekly rate of any Class 2 contributions payable by share fishermen) for “£6.80” substitute “£7”.
Signed by authority of the Secretary of State for Social Security.
John Y. Denham
Parliamentary Under-Secretary of State,
Department of Social Security
3rd March 1998


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


text:
1
This Order may be cited as the Public Telecommunication System Designation (GN Great Northern Gateway Ltd. A/S) Order 1998 and shall come into force on 5th October 1998.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Barbara Roche
Parliamentary Under Secretary of State for Small Firms, Trade and Industry,
Department of Trade and Industry
1st September 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (Individual Pupils' Achievements) (Information) (Amendment) Regulations 1998 and shall come into force on 14th April 1998.
2
Any reference in these Regulations to the principal Regulations is a reference to the Education (Individual Pupils' Achievements) (Information) Regulations 1997 .
Amendment of the principal Regulations
2
At the end of regulation 3 (interpretation) there shall be added the following paragraphs —
4
References in paragraph 1 of Schedule 1 (information about pupils in the final year of the first key stage) to the results of any NC tasks are references to the results of NC tasks as recorded pursuant to article 5(4) of the 1995 (Key Stage 1) Order , namely, the record of the results consisting of a statement of the pupil’s level of attainment in each relevant attainment target or, if the associated document in which the NC tasks are published so requires, a statement of the pupil’s level of attainment in the subject determined in accordance with the provisions of that document, or, if that document so requires, both such statements.
5
References in paragraph 2 of Schedule 1 (information about pupils in the final year of the second key stage) to the results of any NC tests are references to the results of NC tests as recorded pursuant to article 5(4) of the 1995 (Key Stage 2) Order , namely, the record of results consisting of each level of attainment in a core subject achieved by the pupil and which is provided by the external marking agency to the head teacher.
6
References in paragraph 3 of Schedule 1 (information about pupils in the final year of the third key stage) to the results of any NC tests are references to the results of NC tests as recorded pursuant to article 10(4) of the 1996 (Key Stage 3) Order , namely, the record of the results consisting of a statement of each level of attainment in a core subject achieved by the pupil which is provided by the external marking agency to the head teacher.
.
3
1
Regulation 4 of the principal Regulations (head teacher’s report to parents and adult pupils) shall be amended as follows.
2
In paragraph (2)(b) there shall be substituted for “subject to sub-paragraph (c)” the words “subject to paragraph (2A)”.
3
Paragraph (2)(c) shall be omitted.
4
After paragraph (2) there shall be inserted the following paragraph —
2A
Paragraph (2)(b) does not apply to any pupil registered at the school who has ceased to be of compulsory school age and who is proposing to leave the school or who has left the school (and in respect of whom the information in regulation 6 is to be made available to the pupil concerned).
.
4
1
Schedule 1 to the principal Regulations (information about individual pupils) shall be amended as follows.
2
After paragraph 2(2) there shall be inserted the following sub-paragraph —
2A
Teacher assessment of the pupil’s level of attainment in the attainment targets in English entitled “Speaking and Listening”, “Reading” and “Writing” together with the results of any NC tests in the attainment targets of “Reading” and “Writing”.
.
3
In paragraph 2(3) there shall be substituted for “sub-paragraph (2)” the words “sub-paragraphs (2) and (2A)”.
5
1
Paragraph 3 of Schedule 2 to the principal Regulations (information about pupils at the school) shall be amended as follows.
2
After sub-paragraph (1) there shall be inserted the following sub-paragraph —
1A
The percentages of registered pupils who achieved each level of attainment in geography, history, modern foreign languages, design and technology and information technology shown as determined by teacher assessment.
.
3
In sub-paragraph (3) there shall be substituted for “core” the word “foundation”.
4
In sub-paragraph (4) there shall be inserted at the end the words “or teacher assessment referred to in sub-paragraphs (1) and (1A)”.
Estelle Morris
Parliamentary Under-Secretary of State,
Department for Education and Employment
18th March 1998


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


text:
Citation and commencement
1
This Order may be cited as the United Nations Personnel (Isle of Man) Order 1998 and shall come into force on 24th August 1998.
Extension
2
Sections 1 to 8 and 10 of, and the Schedule to, the United Nations Personnel Act 1997 shall extend to the Isle of Man with the exceptions, adaptations and modifications specified in the Schedule to this Order.
N. H. Nicholls
Clerk of the Privy Council


text:
1
This Order may be cited as the Civil Aviation Act 1982 (Jersey) (Amendment) Order 1998 and shall come into force on 18th May 1998.
2
In paragraph 14 of Part II of Schedule 1 to the Civil Aviation Act 1982 (Jersey) Order 1990 (hereinafter referred to as “the 1990 Order”) —
a
sub-paragraph (c) shall be omitted;
b
at the end, there shall be added —
; and
h
after subsection (12), there shall be added —
13
In subsections (1), (3), (4) and (5) above, “prescribed” means prescribed by order of the Committee.
.
3
In paragraph 28 of Part II of Schedule 1 to the 1990 Order, at the end, there shall be added —
; and
c
after subsection (5), there shall be added —
6
the Subordinate Legislation (Jersey) Law, 1960 as amended shall apply to an order made by the Committee under this Act as if this Act were an enactment for the purposes of that Law.
.
N. H. Nicholls
Clerk of the Privy Council


text:
1
This Order may be cited as the Carriage by Air and Road Act 1979 (Commencement No. 3) Order 1998.
2
Section 3(1) of the Carriage by Air and Road Act 1979 shall come into force on 22nd October 1998.
N.H. Nicholls
Clerk of the Privy Council


text:
Title, commencement and interpretation
1
1
This Order, which supersedes the Land Registration (District Registries) Order 1998 , may be cited as the Land Registration (District Registries) (No. 2) Order 1998 and shall come into force on 1st March 1999.
2
In this Order, unless the context otherwise requires:
“district land registry” means a district registry of the Land Registry within the meaning of section 132 of the Land Registration Act 1925;
“the Schedule” means the Schedule to this Order.
District Land Registries
2
1
The name of the Birkenhead District Land Registry shall be changed to the Birkenhead (Old Market) District Land Registry.
2
Subject to the change of name effected by paragraph (1), there shall continue to be district land registries bearing the names specified in column 1 in Part I of the Schedule.
3
There shall be two new district land registries bearing the names specified in column 1 in Part II of the Schedule.
4
The district of each district land registry shall comprise the administrative areas specified opposite its name in column 2 in Part I or, as the case may be, Part II of the Schedule.
Signed by authority of the Lord Chancellor
G. W. Hoon
Minister of State,
Lord Chancellor’s Department
Dated 23rd November 1998
We concur,
Jim Dowd
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 1st December 1998


text:
Commencement and citation
1
This Order may be cited as The A205 Trunk Road (Lewisham) Red Route (Prohibited Turns) Experimental Traffic Order 1998, and shall come into force on 9th October 1998.
Interpretation
2
In this Order–
a
“Stanstead Road (north arm)” means that length of the A205 Trunk Road called Stanstead Road and fronting St Dunstan’s College in the London Borough of Lewisham;
b
“Stanstead Road (south arm)” means that length of the A205 Trunk Road called Stanstead Road between Stanstead Road (north arm) and Catford Hill in the London Borough of Lewisham;
c
“Stanstead Road link” means that length of the A205 Trunk Road to the rear of Nos. 28 to 36 Catford Hill and which connects Stanstead Road (north arm) with Stanstead Road (south arm);
d
“Catford Hill” means that length of the A205 Trunk Road called Catford Hill in the London Borough of Lewisham;
e
“Catford Road” means te length of the A205 Trunk Road called Catford Road in the London Borough of Lewisham;
f
“Nelgrade Road” means the road of that name in the London Borough of Lewisham.
Prohibition
3
Except as provided in article 4 below, no person shall cause or permit–
a
any vehicle proceeding eastwards on Stanstead Road (north arm) to turn right into Catford Hill;
b
any vehicle proceeding north-eastwards on Catford Hill to turn left into Stanstead Road (north arm);
c
and vehicle proceeding north-westwards on Stanstead Road (south arm) to turn right into Stanstead Road (north arm);
d
any vehicle proceeding north-westwards on Stanstead Road (south arm) to turn right into Stanstead Road link;
e
any vehicle proceeding westwards on Catford Road to turn right into Nelgrade Road.
Exemptions
4
1
None of the controls specified in article 3 apply to–
a
anything done with the permission or at the direction of a police constable in uniform or a traffic warden; or
b
in respect of a vehicle being used for ambulance, fire brigade or police purposes.
2
The controls specified in article 3(d) do not apply to a local bus being used to provide a local bus service.
Power to modify or suspend this Order
5
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Signed in accordance with a direction from the Secretary of State
Derek Turner
Traffic Director for London
28th September 1998


text:
Commencement and citation
1
This Order may be cited as the A205 Trunk Road (Lambeth) Red Route (Prescribed Routes and Prohibited Turns) Traffic Order 1998, and shall come into force on 4th May 1998.
Interpretation
2
In this Order:
a
a reference to an article followed by a number is a reference to the article of this order so numbered;
b
Causing includes permitting;
c
“Clapham Common South Side” means that length of the A205 Trunk Road in the London Borough of Lambeth known as Clapham Common South Side;
d
“A205 Cavendish Road” means that length of the A205 Trunk Road in the London Borough of Lambeth known as Cavendish Road;
e
“Poynders Road” means that length of the A205 Trunk Road in the London Borough of Lambeth known as Poynders Road;
f
“Atkins Road” means that length of the A205 Trunk Road in the London Borough of Lambeth known as Atkins Road;
g
“Cotherstone Road” means that length of the A205 Trunk Road in the London Borough of Lambeth known as Cotherstone Road;
h
“Unnamed service road fronting Christ Church” means that length of the A205 Trunk Road in the London Borough of Lambeth known as Unnamed service road fronting Christ Church;
i
“Thurlow Park Road” means that length of the A205 Trunk Road in the London Borough of Lambeth known as Thurlow Park Road;
k
“Englewood Road” means the road of that name in the London Borough of Lambeth;
l
“Cavendish Road” means the road of that name in the London Borough of Lambeth not being the A205 Cavendish Road;
m
“Kings Avenue” means the road of that name in the London Borough of Lambeth;
n
“Rosendale Road” means the road of that name in the London Borough of Lambeth;
o
“local bus” and “pedal cycle” have the meanings given to those terms in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Prohibition
3
Subject to the provisions of article 5:
a
no person shall cause a vehicle to turn right on entering Clapham Common South Side from Englewood Road;
b
no person shall cause a vehicle to turn right from Clapham Common South Side to Englewood Road;
c
no person shall cause any vehicle proceeding north bound in A205 Cavendish Road to make a right turn into Poynders Road;
d
no person shall cause any vehicle proceeding west bound in Atkins Road to make a right turn into the northern arm of Kings Avenue;
e
no person shall cause any vehicle proceeding in Cotherstone Road to turn into the unnamed service road fronting Christ Church;
f
no person shall cause a vehicle, other than a pedal cycle or local bus, to turn right into the eastern arm of Thurlow Park Road from the southern arm of Rosendale Road.
Prescribed Routes
4
Subject to the provisions of article 5:
a
no person shall cause any vehicle on entering Clapham Common South Side from A205 Cavendish Road to proceed in any direction other than turning left into Clapham Common South Side;
b
no person shall cause any vehicle on entering A205 Cavendish Road from Cavendish Road to proceed in any direction other than northwards;
c
no person shall cause any vehicle on entering A205 Cavendish Road from Poynders Road on the south side of the traffic island in Poynders Road to proceed in any direction other than turning left into A205 Cavendish Road;
d
no person shall cause any vehicle on entering A205 Cavendish Road from Poynders Road on the north side of the traffic island in Poynders Road to proceed in any direction other than turning right into A205 Cavendish Road.
Exemptions
5
The controls specified in article 3 shall not apply to:
a
anything done with the permission or at the direction of a police constable in uniform or a traffic warden; or
b
a vehicle being used for fire brigade, ambulance or police purposes.
Power to modify or suspend this Order
6
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on-street, or for preserving or improving the amenities of the area through which any road affected by this order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
24th April 1998


text:
Citation and commencement
1
These Regulations may be cited as the Education Action Forum (Proceedings) Regulations 1998, and shall come into force on 1st September 1998.
Interpretation
2
1
In these Regulations–
“chairman” means the chairman of the Forum;
“Forum” means an Education Action Forum;
“secretary” means the person appointed as such under regulation 3;
“vice-chairman” means the person elected as such under regulation 4.
2
Any reference in these Regulations (except regulation 6(1)(b)) to the chairman shall include the vice-chairman during such time as the chairman is unable to act.
Appointment of Secretary
3
A Forum shall appoint a person to act as secretary to the Forum to carry out the functions conferred on the secretary by these Regulations.
Appointment of vice-chairman
4
1
The Forum may elect one of their members to be vice-chairman and where such a person is so elected he may exercise the functions conferred by these Regulations on the chairman during such time as the chairman is unable to act.
2
A person elected as vice-chairman shall remain vice-chairman for one year from the date of his election (unless he resigns as vice-chairman earlier) without prejudice to his eligibility to be re-elected for a further such period.
Meetings
5
1
A Forum shall hold a meeting at least once in each relevant period in every year, and shall hold other meetings if–
a
the chairman, or the Forum at a previous meeting, so determines; or
b
if notice is given to the secretary requesting a meeting stating the reason for the request signed by a number of members equal to at least 20% of the members.
2
Every meeting shall be convened by the secretary and, where a request has been received under paragraph (1)(b), shall be convened within fourteen days of the date on which the secretary received the notice under that sub-paragraph.
3
Every member of the Forum shall be given, at least seven days before the date of the meeting–
a
written notice thereof, signed by the secretary, and
b
a copy of the agenda of the meeting
provided that, where the chairman so directs on the grounds that there are matters demanding urgent consideration, it shall be sufficient if the written notice convening the meeting and the copy of the agenda for the meeting are given within such shorter period as he specifies.
4
For the purposes of this regulation relevant periods are–
a
1st September to 31st December;
b
1st January to 31st March; and
c
1st April to 31st August.
Quorum
6
1
The quorum for a meeting of the Forum at which the matter to be considered is–
a
the authorisation of a committee to exercise any of its functions; and
b
the election of a chairman or vice-chairman
and the quorum for a vote on any such matter shall be two thirds of the membership of the Forum when complete.
2
The quorum for any other meeting, and any vote on any matter at such a meeting shall be one third of the membership of the Forum when complete.
Voting at and minutes of meetings
7
1
Every question to be decided at a meeting of a Forum shall be determined by a majority of the votes of members present and voting on the question and in the case of an equality of votes the chairman shall have a second or casting vote.
2
Minutes of proceedings of a Forum shall be drawn up and shall be signed at the same or next subsequent meeting by the chairman.
Public access
8
Any question whether a person who is not a member of the Forum should be allowed to attend a meeting of the Forum shall be decided by the Forum.
Withdrawal from meeting
9
1
Subject to sub-paragraph (4), if a person has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter and is present at a meeting of the Forum or any committee of the Forum at which the contract or other matter is the subject of consideration, he shall at the meeting and as soon as practicable after its commencement disclose the fact and withdraw from the meeting during the consideration or discussion of the contract or matter and he shall not vote on any question with respect of the contract or matter.
2
For the purposes of this regulation a person shall be treated as having an indirect pecuniary interest in a contract, proposed contract or other matter if–
a
he or any nominee of his is a member of a company or other body with which the contract was made or is proposed to be made or which has a direct pecuniary interest in the matter under consideration; or
b
he is a partner, or is in the employment, of a person with whom the contract was made or is proposed to be made or who has a direct pecuniary interest in the matter under consideration:
provided that a person shall not by virtue of this paragraph be treated as so having such an interest by reason only of his membership of, or employment under, any public body or by reason only of his membership of a company or other body if he has no financial interest in any securities of that company or other body.
3
For the purposes of this regulation a person shall be treated as having a direct or indirect pecuniary interest in a contract, proposed contract or other matter if a relative (including his spouse) living with him, to his knowledge has, or would be treated as having, such an interest, direct or indirect.
4
No provision in this regulation shall prevent members of the Forum or any committee of the Forum considering and voting upon proposals for the Forum to take out insurance protecting its members against liabilities incurred by them arising out of their office or the Forum obtaining such insurance and paying the premiums.
Andrew Smith
Minister of State,
Department for Education and Employment
10th August 1998


text:
1
This Order may be cited as the Merchant Shipping (Oil Pollution) (Pitcairn) (Amendment) Order 1998 and shall come into force on 23rd April 1998.
2
In the sections 166(1) and 177(1) set out in the Schedule to the Merchant Shipping (Oil Pollution) (Pitcairn) Order 1997 the words “damage done to a ship” shall be replaced by the words “damage done by a ship”.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the City of Chester (Electoral Changes) Order 1998.
2
This Order shall come into force for all purposes on 6th May 1999, except that for the purpose of all proceedings preliminary or relating to an election to be held on or after that date this Order shall come into force on the day after that on which it is made.
3
In this Order–
“the city” means the city of Chester;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the City of Chester (Electoral Changes) Order 1998”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of Chester
2
1
The existing wards of the city shall be abolished.
2
The city shall be divided into thirty-one wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes, or where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or other similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of Chester
3
1
Subject to the following provisions of this article, the election of councillors for wards of the city shall be by thirds.
2
Elections of councillors for all wards of the city shall be held simultaneously on the ordinary day of election of councillors in 1999 .
3
The councillors holding office for any ward in the city immediately before 10th May 1999 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
4
The order of retirement of councillors shall be as set out in Schedule 2.
5
Where the number of councillors elected in 1999 for any ward of the city is two or more–
a
the first to retire shall, subject to paragraphs (6) and (7) below, be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
6
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
7
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
8
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
9
Except as otherwise provided in the foregoing paragraphs of this article, the term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly elected councillors shall come into office on the day on which their predecessors retire.
Wards of the parish of Upton by Chester
4
1
The existing wards of the parish of Upton by Chester shall be abolished.
2
The parish shall be divided into three wards which shall bear the names Upton Grange, Upton Heath and Upton Park and the wards shall comprise the areas designated on sheet 2 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Upton Grange parish ward shall be five; the number of councillors to be elected for the Upton Heath parish ward shall be seven and the number of councillors to be elected for the Upton Park parish ward shall be two.
Parish elections
5
1
The term of office of any parish councillor elected on the ordinary day of election of councillors in 1999 for the parishes of Duddon, Foulk Stapleford, Huxley, Puddington, Saughall, Shotwick, Shotwick Park, Tarvin and Woodbank shall be three years and elections shall be held simultaneously on the ordinary day of election of councillors in 2002 and every fourth year after 2002.
2
The term of office of any parish councillor elected on the ordinary day of election of councillors in 1999 for the parishes of Aldford, Buerton, Churton Heath, Claverton, Clotton Hoofield, Dodleston, Eaton, Eccleston, Lea Newbold, Lower Kinnerton, Marlston-cum-Lache, Poulton, Pulford, Rowton and Saighton, shall be one year and elections shall be held simultaneously on the ordinary day of election of councillors in 2000 and every fourth year after 2000.
3
Elections of councillors for the parishes of Churton-by-Aldford, Churton-by-Farndon, Farndon and Waverton shall be held simultaneously on the ordinary day of election of councillors in 2000 and every fourth year after 2000.
4
Elections of parish councillors for the parishes of Backford, Bache, Broxton, Caldecott, Capenhurst, Caughall, Chorlton-by-Backford, Church Stocklach, Croughton, Duckington, Harthill, Horton-by-Malpas, Lea by Backford, Ledsham, Little Stanney, Mollington, Moston, Stoak, Shocklach Oviatt, Tilston, Upton by Chester and Wervin shall be held simultaneously on the ordinary day of election of councillors in 2002 and every fourth year after 2002.
5
The term of office of any parish councillor elected on the ordinary day of election of councillors in 2000 for the parishes of Aldersey, Barton, Carden, Clutton, Coddington and Stretton shall be two years and elections shall be held simultaneously on the ordinary day of election of councillors in 2002 and every fourth year after 2002.
Revocation
6
The City of Chester (Electoral Arrangements) Order 1978 is hereby revoked.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
13th November 1998


text:
1
These Regulations may be cited as the Magistrates' Courts (Grants) Regulations 1998 and shall come into force on 30th September 1998.
2
1
The following descriptions of expenditure of responsible authorities in pursuance of their functions under Part VI of the Justices of the Peace Act 1997 shall be taken not to be capital expenditure for the following purposes:
a
for the purposes of sections 55(3), 55(7) and 57 of that Act, expenditure incurred by a paying authority in relation to a Libra contract;
b
for the purposes of sections 55(7) and 57 of that Act, expenditure incurred by a paying authority under a private finance transaction to procure the use of serviced accommodation.
2
In paragraph (1)–
a
“private finance transaction” has the meaning given in regulation 16(2) of the Local Authorities (Capital Finance) Regulations 1997 ; and
b
“serviced accommodation” means the petty sessional court-houses and other accommodation proper for the performance of the functions described in section 55(1) of the Justices of the Peace Act 1997 and services provided in relation to the use of such court-houses and accommodation.
c
“Libra contract” means any contract entered into by a magistrates' court committee within the framework of the main agreement, known as the Libra agreement, entered into by the Lord Chancellor’s Department for the provision of information system services to magistrates' courts.
Irvine of Lairg,C.
Dated 25th August 1998
We consent
Graham Allen
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 2nd September 1998


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


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Religious Character of Schools (Designation Procedure) Regulations 1998 and shall come into force on 9th November 1998.
2
These Regulations specify the procedure to be followed in connection with–
a
the designation, in an order under section 69(3) of the 1998 Act , of a foundation or voluntary school as having a religious character; and
b
the inclusion in such an order, in relation to such a school, of a statement of the religion or religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the 1998 Act (or, as the case may be, each such religion or religious denomination).
Interpretation
2
1
In these Regulations–
a
“the 1998 Act” means the School Standards and Framework Act 1998;
b
“the relevant religion or religious denomination” means the religion or religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the 1998 Act (or, as the case may be, each such religion or religious denomination).
2
In these Regulations–
a
references to a “voluntary or grant-maintained school” are references to such a school within the meaning of the Education Act 1996 including a new school which has a temporary governing body and which was proposed to be established as a voluntary school;
b
references to a “foundation or voluntary school” are references to such a school within the meaning of the 1998 Act including a new school which has a temporary governing body and which will be such a school when established;
c
references to a governing body include a temporary governing body;
d
references to a numbered regulation are references to the regulation so numbered in these Regulations.
3
Expressions used in these Regulations set out in the first column of the following table have the meanings attributed to them by the provisions of the 1998 Act set out opposite thereto in the second column.
Church in Wales school section 142(1) Church of England school section 142(1) Roman Catholic Church school section 142(1) appropriate diocesan authority section 142(1) foundation governor paragraph 2 of Schedule 9
Manner of consultation with governing bodies and trustees
3
1
Where these Regulations require the Secretary of State to consult the governing body and any trustees of the school, he shall do so by sending two copies of the document in question (one for the governing body and one for the trustees) to the school.
2
The governing body of a school may not delegate to a committee of the governing body or to the chairman any decision in relation to their response to a consultation referred to in paragraph (1) above and any such response must indicate that it is the response of all, or the majority of, the members of the governing body and that no decision in relation to that response has been delegated.
Orders made on or before 1st September 1999
4
Regulations 5 to 7 and 10 set out the procedure to be followed in relation to orders made under section 69(3) of the 1998 Act on or before 1st September 1999.
Basis of designation and statement as to relevant religion or religious denomination
5
1
The Secretary of State shall designate a foundation or voluntary school as a school which has a religious character if he is satisfied that–
a
at least one member of the governing body of the school is a person appointed as a foundation governor to represent the interests of one or more religions or religious denominations; or
b
the premises provided for the school when first established were so provided on trust so that, in the event of the discontinuance of the school, the property concerned was to be held for, or sold and the proceeds of sale applied for, the benefit of one or more religions or religious denominations; or
c
the premises provided for the school when first established were so provided on trust in connection with–
i
the provision of education, or
ii
the conduct of an educational institution,
in accordance with the tenets of one or more religions or religious denominations.
2
If the Secretary of State is not so satisfied he may nevertheless designate a foundation or voluntary school as having a religious character if he considers it appropriate to do so having regard to the practice as to religious education observed at the school before it first became a voluntary school within the meaning of the Education Act 1996 and to any representations made by any of the religious bodies set out in the Schedule hereto.
3
The Secretary of State shall state as the relevant religion or religious denomination, the religion or religious denomination or religions or religious denominations which he considers relevant to whichever of the provisions of paragraphs (1) and (2) above is the basis for his decision to designate the school as having a religious character.
Procedure
6
1
The Secretary of State shall prepare a list (“the list”) setting out–
a
each voluntary or grant-maintained school, which, if it becomes a foundation or voluntary school and satisfies one or more of the requirements in regulation 5(1) and (2), he proposes to designate as a school having a religious character; and
b
the relevant religion or religious denomination which he proposes to state in relation to each such school in accordance with section 69(4) of the 1998 Act.
2
The Secretary of State shall send a copy of the list, or such part of it as he considers appropriate in any particular case, to the religious bodies set out in the Schedule hereto.
3
The Secretary of State shall give those bodies to whom he has sent a copy of the list, or a part of it, an opportunity to make representations and he shall revise the list (“the revised list”) in the light of any such representations in so far as he considers it appropriate to do so.
4
After taking the steps referred to in paragraphs (1) to (3) above, the Secretary of State shall consult the governing body and any trustees of each school in the revised list which he proposes to designate as a foundation or voluntary school which has a religious character as to–
a
the proposed designation; and
b
the proposed statement as to the relevant religion or religious denomination.
5
If, as a result of the consultation referred to in paragraph (4) above, he is minded to alter the proposed designation of the religious character of the school, or the statement as to the relevant religion or religious denomination, set out in the revised list, the Secretary of State shall consult such of the religious bodies set out in the Schedule hereto as he considers appropriate.
6
The Secretary of State shall make an order or orders under section 69(3) of the 1998 Act on or before 1st September 1999, in accordance with the criteria set out in regulation 5, on the basis of the revised list as further modified as he considers appropriate in the light of the consultations under paragraphs (4) and (5) above.
7
Obligations imposed on the Secretary of State by paragraphs (1) to (5) above may be satisfied by actions taken by him before these Regulations come into force.
Outstanding Decisions
7
The Secretary of State may, in cases where he has not before 1st September 1999 come to a decision as to whether a school will, as a foundation or voluntary school, have a religious character or as to the relevant religion or religious denomination, designate it and make such statement as to the relevant religion or religious denomination on a provisional basis as he considers appropriate.
Orders made after 1st September 1999
8
Regulations 9 and 10 set out the procedure to be followed in relation to orders made under section 69(3) of the 1998 Act after 1st September 1999.
Procedure for new schools
9
1
Where proposals to establish a new foundation or voluntary school are approved under paragraph 3 or 8 of Schedule 6 to the 1998 Act, or where the promoters by whom such proposals were published determine under paragraph 9(1) of that Schedule that the proposals should be implemented, the Secretary of State shall designate it as a school which has a religious character if the requirements set out in this regulation are satisfied.
2
The promoters must have applied to him for the school to be designated as a school which has a religious character and, in the case of a Church of England school, a Church in Wales school or a Roman Catholic Church school, such application must have been approved by the appropriate diocesan authority.
3
A temporary governing body must have been constituted for the school.
4
The proposals published under section 28 of the 1998 Act to establish the school must specify–
a
that the school is intended to be a school which has a religious character; and
b
the religion or religious denomination or religions or religious denominations with which the school is to be associated.
5
The terms or the proposed terms of–
a
the trust deed; and
b
the instrument of government for the school,
must be consistent with the published proposals.
6
The Secretary of State must be satisfied as to one or more of the following matters–
a
at least one member of the governing body of the school is a person appointed as a foundation governor to represent the interests of one or more religions or religious denominations; or
b
the premises provided or to be provided for the school are or are to be held on trust so that, in the event of the discontinuance of the school, the property concerned is held for, or is to be sold and the proceeds of sale applied for, the benefit of one or more religions or religious denominations; or
c
the premises provided or to be provided for the school are or are to be held on trust in connection with–
i
the provision of education, or
ii
the conduct of an educational institution,
in accordance with the tenets of one or more religions or religious denominations.
Changes in designations and statements
10
1
Where the Secretary of State is at any time of the opinion that–
a
a school has been incorrectly designated or not designated, or that the statement as to the relevant religion or religious denomination is incorrect, whether under the procedure set out in regulations 5 to 7 or the procedure set out in regulation 9 as appropriate; or
b
he can now take a decision in relation to a school where he has previously made a provisional designation or statement under regulation 7,
he shall amend the order in question or make another order as he considers appropriate.
2
Before taking the steps referred to in paragraph (1) above the Secretary of State shall consult–
a
the governing body and any trustees of the school; and
b
such religious bodies set out in the Schedule hereto as he considers appropriate.
3
In so far as the Secretary of State makes an order under section 69(3) which–
a
does not change the designation of a school, or the statement as to the relevant religion or religious denomination in relation to that school, made in a previous order (other than a provisional designation or statement); or
b
removes an entry on the discontinuance of the school,
he need undertake no consultation in relation to that particular designation or statement before making such an order.
Estelle Morris
Minister of State,
Department for Education and Employment
6th October 1998
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
8th October 1998


text:
Citation and commencement
1
1
These Regulations may be cited as the Parking Attendants (Wearing of Uniforms) (Edinburgh Parking Area) Regulations 1998 and shall come into force on 5th October 1998.
2
In these Regulations–
“the 1984 Act ” means the Road Traffic Regulation Act 1984; and
“the 1991 Act ” means the Road Traffic Act 1991 .
Prescribed functions
2
1
All functions conferred on parking attendants by or under the enactments mentioned in paragraph (2) are prescribed for the purposes of section 63A(4) of the 1984 Act (wearing of uniforms by parking attendants when exercising prescribed functions).
2
The enactments referred to in paragraph (1) are–
a
section 99 of the 1984 Act (removal of vehicles);
b
section 66(1) of the 1991 Act (issue of a penalty charge notice); and
c
section 69 of the 1991 Act (immobilisation of vehicles).
Calum MacDonald
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
5th August 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Chichester Priority Care Services National Health Service Trust (Change of Name) Order 1998 and shall come into force on 1st January 1999.
2
In this Order–
“ the Order ” means the Chichester Priority Care Services National Health Service Trust (Establishment) Order 1993 ;
“ the trust ” means the National Health Service trust established by the Order.
Change of name of NHS trust
2
The trust shall be called the Sussex Weald and Downs National Health Service Trust instead of the Chichester Priority Care Services National Health Service Trust, and accordingly in Article 1 of the Order in the definition of “the trust”, and in Article 2 of the Order, for the words “Chichester Priority Care Services” there shall be substituted the words “Sussex Weald and Downs”.
Transitional provisions
3
The change of name under this Order shall not–
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name; and all instruments and other documents which refer to the trust under its previous name shall be construed as referred to it under its new name.
Signed by authority of the Secretary of State for Health.
Alan Milburn
Minister of State,
Department of Health
25th November 1998


text:
Citation and commencement
1
1
This Order may be cited as the City and County of Swansea (Electoral Arrangements) (No. 2) Order 1998.
2
This Order shall come into operation on 6th May 1999 except that for the purposes of all proceedings preliminary or relating to an election to be held on or after that day, it shall come into force immediately.
Electoral divisions
2
1
The existing electoral divisions of the City and County of Swansea shall be abolished and the City and County shall be divided into 36 electoral divisions which shall bear the names set out in column (1) of the Schedule to this Order, and each such electoral division shall comprise the area specified opposite thereto in column (2) of that Schedule.
2
The number of councillors to be returned for each such electoral division shall be the number specified opposite thereto in column (3) of the Schedule to this Order.
Register of local government electors
3
The registration officer shall make such re-arrangement or adaptation of the register of local government electors as may be necessary on account of the coming into force of this Order.
Revocation
4
The County of Swansea (Electoral Arrangements) Order 1998 is hereby revoked.
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State,Welsh Office
18th December 1998


text:
1
This Order may be cited as the Value Added Tax (Sport, Sports Competitions and Physical Education) Order 1998 and shall apply to any supply of services made on or after 18th March 1998, save that article 4 shall apply to any supply of services made on or after 1st January 1999.
2
Group 10 (Sport, Sports Competitions and Physical Education) of Schedule 9 to the Value Added Tax Act 1994 shall be varied as follows.
3
After Note (2) there shall be inserted —
2A
For the purposes of this group a body shall not be treated as a non-profit making body if it is subject to commercial direction.
.
4
After Note (2A) there shall be inserted —
2B
For the purposes of this group a non-profit making body means any body which —
a
is precluded from distributing, and does not distribute, any profit it makes; and
b
applies any profits made from supplies of a description within items 2 and 3 to the continuance or improvement of the facilities made available by means of the supplies.
.
5
After Note (3) there shall be added the following —
4
A body is subject to commercial direction if the body has —
a
received a relevant supply from a relevant person during the relevant period relating to that supply;
b
entered into any agreement, arrangement or understanding (whether or not legally enforceable) to receive a relevant supply from a relevant person after the time of making the sports supply in question;
c
paid an emolument to a relevant person during the relevant period relating to that emolument; or
d
entered into any agreement, arrangement or understanding (whether or not legally enforceable) to pay an emolument to a relevant person after the time of making the sports supply in question.
5
For the purposes of Note (4) above —
“relevant supply” means —
the grant of —
any interest in or right over land,
any licence to occupy land, or
in relation to land in Scotland, any personal right to call for or be granted any such interest or right,
if the land in question is used for or in connection with the provision of sport or physical recreation activities by the body making the sports supply;
the provision of any facilities which are used for or in connection with the provision of sport or physical recreation activities by the body making the sports supply;
the management or administration of such facilities; or
any other supply of goods or services for a consideration which is greater than that which would be payable in money if it were a commercial transaction conducted at arms length;
“relevant person” means a person who is, or is connected with, an officer or shadow officer of the body making the sports supply or who is, or is connected with an intermediary during any part of the relevant period which relates to a relevant supply received or to be received, or to an emolument paid or to be paid;
“relevant period” means —
in relation to a supply which falls within paragraph (a) of the descriptions of relevant supply contained in this Note, a period which commences on 1st April 1996 and ends at the time of the making of the sports supply in question; and
in relation to any emolument and in relation to any other relevant supply, a period of three years immediately preceding the time of the making of the sports supply in question;
“sports supply” means a supply which would be such as is described in item 2 or 3 if it were made by a non-profit making body;
“emolument” means any salary, fee, wage, perquisite, or profit whatsoever.
6
Any question whether a person is connected with another shall be determined in accordance with section 839 of the Taxes Act at the earlier of —
a
the time when a relevant supply is made or an emolument is paid; and
b
the time when any agreement, arrangement or understanding is made if the time of the making of the sports supply in question precedes the time of the relevant supply or payment of the emolument concerned.
7
For the purposes of Note (5) above —
“grant” includes an assignment or surrender;
“officer” includes a director or any committee member, secretary or manager concerned in the management or administration of the body;
“shadow officer” means a person in accordance with whose directions or instructions the members or officers of a body are accustomed to act;
“intermediary” means a person who, not being the body making the sports supply in question, has —
received; or
entered into any agreement, arrangement or understanding (whether or not legally enforceable) to receive, after the time of the making of the sports supply in question,
a relevant supply from a person who, during any part of the relevant period which relates to the relevant supply received or to be received by the body making the sports supply, is or is connected with an officer or shadow officer of the body making the sports supply or who is or is connected with an intermediary.
.
Graham Allen
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
17th March 1998


text:
1
This Order may be cited as the Wireless Telegraphy (Colonial Ships and Aircraft) (Revocation) Order 1998 and shall come into force on 7th January 1999.
2
The Wireless Telegraphy (Colonial Ships and Aircraft) Order 1954 is hereby revoked.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mental Health Review Tribunals (Regions) Order 1998 and shall come into force on 1st August 1998.
2
In this Order “ the Act ” means the Mental Health Act 1983.
Determination of Regions
2
Each of the regions described in column (2) of the Schedule to this Order is hereby determined as a region for the purposes of section 65(1A)(a) of the Act (regions of England for which there are to be Mental Health Review Tribunals) and shall be known by the name specified in relation to it in column (1) of that Schedule.
Transitional provision
3
1
In this article —
“former region” means a region determined in accordance with the Mental Health Review Tribunals (Regions) Order 1996 and in existence immediately before 1st August 1998;
“new region” means a region determined by article 2 of this Order;
“relevant new region” means —
in relation to the former regions Anglia and Oxford Region and North Thames Region, the new North London and East Region,
in relation to the former regions Northern and Yorkshire Region and Trent Region, the new Trent and Northern and Yorkshire Region,
in relation to the former regions South and West Region and South Thames Region, the new South London and South and West Region, and
in relation to the former regions North West Region and West Midlands Region, the new West Midlands and North West Region; and
“Tribunal” means a Mental Health Review Tribunal.
2
Anything done by or in relation to, or any application or reference made to or in relation to, or any direction, authorisation or notice given by or in relation to, the Tribunal for a former region before 1st August 1998 is deemed to have been done by or in relation to, or made to or in relation to, or given by or in relation to, the Tribunal for the relevant new region.
3
Any person who, immediately before 1st August 1998, was a member of a Tribunal for a former region is deemed to have been appointed to be a member of the Tribunal for the relevant new region and any reference in the instrument under which he was appointed to a Tribunal for a former region is deemed to be a reference to the Tribunal for the relevant new region.
Revocation
4
The Mental Health Review Tribunals (Regions) Order 1996 is hereby revoked.
Signed by authority of the Secretary of State for Health
Paul Boateng
Parliamentary Under Secretary of State,
Department of Health
12th June 1998


text:
1
1
These Rules may be cited as the County Court (Amendment) Rules 1998.
2
In these Rules, unless the context otherwise requires, a rule or Order referred to by number means the rule or Order so numbered in the County Court Rules 1981 .
Miscellaneous Amendments
2
After rule 1 of Order 11, there shall be inserted the following —
1A
Where a payment under paragraph (1) is made to which the Social Security (Recovery of Benefits) Act 1997 applies, the defendant shall state the gross amount of the compensation, the name and amount of any benefit by which the gross amount is reduced in accordance with section 8 of and Schedule 2 to the 1997 Act, and the net sum paid into court.
.
3
Rule 18 of Order 43 shall be omitted.
4
1
In rule 6(7)(i) of Order 49, at the beginning, there shall be inserted the words “the first written tenancy agreement and”.
2
For rule 6A(7)(i) of Order 49 , there shall be substituted the following —
i
the first written tenancy agreement and the current (or most recent) written tenancy agreement,
.
5
Rule 3 of the County Court (Amendment No. 3) Rules 1996 shall be revoked.
Vehicle Emissions
6
In the Arrangement of Orders, there shall be inserted after the entry for Order 48C —
48D
Enforcement of Fixed Penalties under the Road Traffic (Vehicle Emissions) (Fixed Penalty) Regulations 1997
.
7
The following new Order shall be inserted after Order 48C —
ORDER 48D
ENFORCEMENT OF FIXED PENALTIES UNDER THE ROAD TRAFFIC (VEHICLE EMISSIONS) (FIXED PENALTY) REGULATIONS 1997
Application and interpretation
1
1
This Order applies for the recovery of fixed penalties as defined in regulations 2(1)(b) and 9 of the 1997 Regulations .
2
In this Order, unless the context otherwise requires —
“authority” means a participating authority as defined in regulation 2(1)(f) of the 1997 Regulations;
“order” means an order made under regulation 10(1) of the 1997 Regulations;
“ the Order ” means the Enforcement of Road Traffic Debts Order 1993 ;
“respondent” means the person on whom the fixed penalty notice was served;
“specified debts” means the Part II debts specified in article 2(1)(a) of the Order;
“the 1997 Regulations” mean the Road Traffic (Vehicle Emissions) (Fixed Penalty) Regulations 1997.
3
Unless the context otherwise requires, expressions which are used in the 1997 Regulations have the same meaning in this Order as they have in those Regulations.
The Parking Enforcement Centre
2
The parking enforcement centre established in rule 1A of Order 48B shall have such functions relating to proceedings under this Order and other related matters as the Lord Chancellor may direct.
Requests for Orders and Warrants of Execution
3
1
An authority which wishes to take proceedings under this Order shall give notice to the proper officer and, where the proper officer so allows, a combined request for an order and a warrant of execution may be made, and such an order may be enforced and a warrant executed in accordance with the following provisions of this Order.
2
An authority shall file a combined request for an order and a warrant of execution in the appropriate form or in another manner approved by the proper officer scheduling the fixed penalties in respect of which an order and warrant of execution are sought and Order 50, rule 4A shall not apply to a request under this Order.
3
The authority shall in the request or in another manner approved by the proper officer —
a
certify —
i
that 56 days have elapsed since the issue of the fixed penalty notice,
ii
the amount due under the fixed penalty notice and the date on which it was issued, and
iii
that the amount due remains unpaid;
b
give the number of the fixed penalty notice;
c
specify (whether by reference to the appropriate code or otherwise) the grounds stated in the fixed penalty notice and in regulation 2(1)(d) of the 1997 Regulations on which the authorised person who issued the fixed penalty notice believed that a fixed penalty was payable with respect to that vehicle;
d
state —
i
the name and address of the respondent and where known, his title;
ii
the registration number of the vehicle concerned;
iii
(whether by reference to the appropriate fixed penalty notice number or otherwise) the authority’s address for service;
iv
the court fee.
4
If satisfied that the combined request is in order, the proper officer shall order that the fixed penalty (together with the court fee) may be recovered as if it were payable under a county court order by sealing the request and returning it to the authority.
5
When the proper officer so orders and on receipt of the sealed request, the authority shall, within 7 days of the sealing of the request, prepare the warrant in the appropriate form.
Documents
4
1
Rule 3 of Order 48B shall apply to this Order with the modification referred to in paragraph (2).
2
The reference to rule 2(2) in rule 3(1) of Order 48B shall be a reference to rule 3(2) of this Order.
Enforcement of Orders
5
1
Rule 5 of Order 48B shall apply to this Order with the modifications referred to in paragraphs (2), (3) and (4).
2
Paragraphs (3), (4) and (7) of rule 5 shall not apply.
3
Sub-paragraphs (c) and (d) of rule 5(9) shall not apply.
4
In paragraph (11) of rule 5, the references to the words “charge certificate” shall be references to the words “fixed penalty notice”.
5
Where a fixed penalty notice is withdrawn under regulation 12 of the 1997 Regulations —
a
any order made or warrant issued in respect of that fixed penalty notice is deemed to be revoked;
b
any execution issued on the order shall cease to have effect, and
c
the authority shall forthwith inform any bailiff instructed to levy execution of the withdrawal of the warrant.
.
Protection from Harassment Act 1997
8
After rule 15 of Order 49, there shall be inserted the following —
Protection from Harassment Act 1997
15A
1
In this rule, “the 1997 Act ” means the Protection from Harassment Act 1997.
2
This rule shall apply to injunctions granted on or after the date of the commencement of this rule and injunctions granted before that date shall be treated as if this rule had not come into force.
3
Proceedings under section 3 of the 1997 Act to a county court shall be filed —
a
in the court for the district in which the plaintiff resides or carries on business; or
b
in the court for the district in which the defendant resides or carries on business.
4
Where the court grants an injunction under section 3 of the 1997 Act, it shall be issued in the appropriate prescribed form.
5
An application for the issue of a warrant for the arrest of the defendant under section 3(3) of the 1997 Act shall —
a
state that it is an application for the issue of a warrant for the arrest of the defendant;
b
set out the grounds for making the application and be supported by an affidavit or evidence on oath;
c
state whether the plaintiff has informed the police of the defendant’s conduct as described in sub-paragraph (b); and
d
state whether, to the plaintiff’s knowledge, criminal proceedings are being pursued.
6
Where the court issues a warrant for the arrest of the defendant, the warrant shall be issued in the appropriate prescribed form.
7
The court before whom a person is brought following his arrest may —
a
determine whether the facts, and the circumstances which led to the arrest, amounted to disobedience of the injunction, or
b
adjourn the proceedings and, where such an order is made, the arrested person shall be released and —
i
may be dealt with within 14 days of the day on which he was arrested; and
ii
be given not less than 2 days' notice of the adjourned hearing.
.
The undersigned members of the Rule Committee appointed by the Lord Chancellor under section 75 of the County Courts Act 1984 , having made these Rules, certify them and submit them to the Lord Chancellor.
Neil Butter
Hugh Jones
Margaret Wilby
Peter Birts
Henrietta Manners
E. C. Gee
I allow these Rules, which shall come into force on 1st September 1998, except for rules 2, 3, 4, 6 and 7 which shall come into force on 28th September 1998.
Irvine of Lairg, C.
Dated 30th July 1998


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (North Peak) 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 Peak) 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 Peak) Designation (Amendment) Order 1998 , for the words “the Environmentally Sensitive Areas (North Peak) Designation (Amendment) Order 1993” there were substituted “the Environmentally Sensitive Areas (North Peak) 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 and commencement
1
This Order may be cited as the Water Undertakers (Extension of Byelaws) (No. 2) Order 1998 and shall come into force on 30th September 1998.
Extension of water byelaws
2
The byelaws listed in column (2) of the Schedule and made by, or having effect as if made by the water undertakers listed in column (1) of the Schedule under section 17 of the Water Act 1945 (prevention of waste of water etc. ) shall remain in force until 30th September 1999.
Signed by authority of the Secretary of State for Wales
George Craig
A Senior Civil Servant in the Welsh Office
23rd September 1998


text:
Citation and commencement
1
This Order may be cited as the Port of Tyne Harbour Revision Order 1998 and shall come into force on 6th January 1999.
Interpretation
2
In this Order–
“the appointed day” means such day as the Authority may appoint for the purposes of article 3 of this Order;
“the Authority” means the Port of Tyne Authority;
“the signed plan” means the plan marked “Port of Tyne Harbour Revision Order 1998” signed in duplicate by the Head of Ports Division in the Department of the Environment, Transport and the Regions, one copy of which has been deposited at the offices of that Department and the other at the offices of the Authority at Maritime House, Tyne Dock, South Shields, Tyne & Wear, NE34 9PT;
“Tyne Dock” means the area shown outlined in blue on the signed plan, being an area enclosed by an imaginary line commencing in the River Tyne on Riverside Quay at point NZ 435221 565879 (point A) then extending in a southerly and then generally south-westerly direction along the tidal entrance to the dock and along North West Quay to a point NZ 435102 565359 (point B) then extending in an easterly direction along the north side of a reclaimed area to a point NZ 435331 565399 (point C) then extending in a northerly direction along Factory Quay and the closed lock to a point NZ 435336 565776 (point D) then extending in a generally north-westerly direction in the river Tyne across the entrance to the dock to point A.
Power to close Tyne Dock
3
1
Notwithstanding anything contained in any enactment or rule of law, the Authority may, on such day as they may by resolution appoint, close Tyne Dock and the facilities therein.
2
The date appointed by the Authority by resolution as the date for the closure of Tyne Dock under this article shall be a date not less than two months after the date of the resolution.
3
Not less than 28 days before the appointed day the Authority shall publish in Lloyd’s List newspaper and in at least one local newspaper circulating in Newcastle-upon-Tyne a notice containing a copy of the resolution and explaining the effect thereof.
Repeals
4
On the appointed day the Jarrow Dock and Railway Act 1854 shall be repealed to the extent specified in the third column of the Schedule to this Order.


text:
1
1
This Order may be cited as the Loughborough College of Art and Design Higher Education Corporation (Dissolution) Order 1998 and shall come into force on 1st August 1998.
2
In this Order “the corporation” means Loughborough College of Art and Design higher education corporation.
2
On 1st August 1998 the corporation shall be dissolved and all of its property, rights and liabilities shall be transferred to and vest in Loughborough University.
3
Section 127 of the Education Reform Act 1988 shall apply to any person employed by the corporation immediately before 1st August 1998 as if the reference in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the transfer date were to 1st August 1998;
c
to the transferor authority were to the corporation; and
d
to the corporation were to Loughborough University.
Tessa Blackstone
Minister of State,
Department for Education and Employment
23rd June 1998


text:
1
This Order may be cited as the Army, Air Force and Naval Discipline Acts (Continuation) Order 1998.
2
The Army Act 1955 , the Air Force Act 1955 and the Naval Discipline Act 1957 shall continue in force for a period of twelve months beginning on the day immediately following 31st August 1998 (which is the date on which those Acts would otherwise expire).
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Leeds Community and Mental Health Services Teaching National Health Service Trust (Establishment) Amendment Order 1998 and shall come into force on 2nd March 1998.
Amendment of Establishment Order
2
For Article 3 of the Leeds Community and Mental Health Services Teaching National Health Service Trust (Establishment) Order 1992 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 St. Mary’s Hospital, Green Hill Road, Leeds LS12 3QE, and associated hospitals (including the management of its teaching and research facilities);
b
to provide and manage under section 5(1)(b) of the Act hospital accommodation and services at Monkbridge Road, Meanwood, Leeds LS6;
c
to provide and manage under section 5(1)(b) of the Act hospital accommodation and services at Queensway, Guiseley, Leeds LS20; and
d
to manage under section 5(1)(a) of the Act community health services provided from The Mansion, Meanwood Park Hospital, Leeds LS6 4QB and to own the associated premises.
.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State
Department of Health
18th February 1998


text:
Citation and commencement
1
These Regulations may be cited as the National Crime Squad (Discipline) (Senior Police Members) Regulations 1998 and shall come into force on 1st April 1998.
Regulations applicable only to senior police members of the National Crime Squad
2
These Regulations shall not apply except in relation to an offence committed, or alleged to have been committed, by the Director General of the National Crime Squad and persons appointed under section 55(2)(a) of the Police Act 1997 (hereinafter referred to as a “senior police member”).
Interpretation
3
1
In these Regulations, unless the context otherwise requires —
“the 1984 Act ” means the Police and Criminal Evidence Act 1984 ;
“the 1997 Act ” means the Police Act 1997;
“the appropriate authority” means the National Crime Squad Service Authority established under section 47 of the 1997 Act;
“ the Authority ” means the Police Complaints Authority established under section 83(1) of the Police and Criminal Evidence Act 1984;
“the Director General” means the person appointed under section 52 of the 1997 Act;
“investigating officer” means an officer appointed under regulation 4 of the National Crime Squad (Complaints) Regulations 1998 (hereinafter referred to as “the Complaints Regulations”), or under regulation 5(3), to investigate a complaint or other matter relating to the conduct of a senior police member;
“offence” or “disciplinary offence” means an offence set out in the discipline code;
“police officer” means a police member of NCIS , NCS or a member of a police force;
“police purposes” means the purposes of NCIS, NCS or a police force;
“police property” means the property of NCIS, NCS or a police force;
“representative” means, in relation to disciplinary proceedings against a senior police member, counsel, a solicitor, a police member of NCIS, a police member of the National Crime Squad, or a member of a police force selected by the senior police member for the purpose of those proceedings;
“NCIS” means the National Criminal Intelligence Service established under section 2 of the 1997 Act;
“National Crime Squad appeals tribunal” means a tribunal constituted in accordance with an order made under section 82 of the 1997 Act;
“NCS” means the National Crime Squad established under section 48 of the 1997 Act;
“police force” means a police force maintained under section 2 of the Police Act 1996 and “member of a police force” shall be construed accordingly;
“senior police member” has the meaning given in regulation 2;
“service fund” means the fund maintained by the National Crime Squad Service Authority under section 61 of the 1997 Act; and
“tribunal” means such a tribunal as is mentioned in regulation 12;
2
In these Regulations, unless the context otherwise requires, any reference to a regulation shall be construed as a reference to a regulation in these Regulations and any reference in a regulation to a paragraph shall be construed as a reference to a paragraph of that Regulation.
Disciplinary offences
4
A senior police member commits an offence against discipline if he commits an offence set out in the discipline code.
Investigating officers
5
1
Where a report, allegation or complaint is received from which it appears that an offence may have been commited by a senior police member, the following provisions of this regulation shall have effect for the purpose of investigating the matter.
2
The provisions of paragraphs (3) and (4) shall have effect —
a
in relation to cases arising otherwise from a complaint to which regulation 7 of the Complaints Regulations applies; and
b
in cases arising from such a complaint when the requirements of the said regulation are dispensed with by or under regulations made thereunder.
3
Unless the appropriate authority decides that no disciplinary proceedings need to be taken, the matter shall be referred to an investigating officer who shall cause it to be investigated.
4
The investigating officer shall be a member of a police force and of at least the rank of the senior police member under investigation.
5
The provisions of this regulation are without prejudice to the powers of the Authority under regulation 7 of the Complaints Regulations (which provide for approval by the Authority of investigating officers) where an investigation is to be supervised by the Authority.
Initial personal explanation
6
The investigating officer shall, as soon as practicable (without prejudicing his or any other investigation of the matter), in writing inform the senior police member under investigation of the report, allegation or complaint and give him a written notice —
a
informing him that he is not obliged to say anything concerning the matter, but that he may, if he so desires, make a written or oral statement concerning the matter to the investigating officer or to the appropriate authority, and
b
warning him that if he makes such a statement it may be used in any subsequent disciplinary proceedings.
Personal explanation following investigation
7
1
Where, following the investigation of a report, allegation or complaint, it appears that a senior police member may have committed an offence, the appropriate authority shall consider whether disciplinary proceedings need be taken.
2
Unless the appropriate authority decide that no disciplinary proceedings need be taken, the appropriate authority shall inform the senior police member in writing of the report, allegation or complaint and give him a written notice —
a
asking him whether or not he admits that he has committed an offence;
b
informing him that he is not obliged to say anything concerning the matter but that he may, if he so desires, make a written or oral statement concerning the matter to the authority; and
c
containing such a warning as is mentioned in regulation 6(b).
3
If the appropriate authority decide that no disciplinary proceedings need be taken, they shall so inform the senior police member in writing forthwith.
Punishment without hearing charges
8
1
If the senior police member admits that he has committed an offence, the appropriate authority may impose a punishment in accordance with regulation 20 without the case being dealt with in accordance with regulations 9 to 19.
2
Notwithstanding that the senior police member admits that he has committed an offence, the appropriate authority may, after considering the report of the investigation, deal with the matter according to the appropriate authority’s discretion if they are satisfied that it does not justify the imposition of any punishment under these Regulations.
Formulation of charges
9
1
This Regulation shall apply where the senior police member —
a
admits that he has committed an offence but the appropriate authority do not proceed as mentioned in regulation 8(1) or (2); or
b
does not admit that he has committed an offence but the appropriate authority, after taking into account any statement he may have made under Regulation 7, are not satisfied that he has not committed an offence.
2
Subject to paragraph (5), where this regulation applies the appropriate authority shall —
a
instruct an independent solicitor to draw up, and enter on a discipline form, the offence with which the senior police member is to be charged together with such particulars as will leave him in no doubt as to the precise offence alleged; and
b
cause the senior police member to be charged with that offence by being served with a copy of the discipline form.
3
The reference in paragraph (2) to an independent solicitor is a reference to a solicitor who is not a member, officer or servant of the appropriate authority or of any police authority which appoints any member of the appropriate authority.
4
A discipline form shall be in the form set out in Schedule 2 hereto or in a form to the like effect.
5
Notwithstanding that a case is one to which paragraph (1)(b) applies, if, after considering the report of the investigation, the appropriate authority is satisfied that the offence in question, even if proved, would not justify the imposition of any punishment under these Regulations, the steps mentioned in paragraph (2) need not be taken and the matter may be dealt with according to the appropriate authority’s discretion.
Withdrawal of charges
10
At any time before the beginning of the hearing of a charge, the appropriate authority may direct that the charge be withdrawn; and, where it so directs, it shall as soon as possible, cause —
a
its direction to be noted in the discipline form, and
b
the senior police member to be served with a written notice of its direction.
Documents to be supplied to accused
11
1
Where a senior police member is charged with an offence, he shall, at least 21 days before the date of the hearing of the charge, be supplied with copies —
a
of any statements he may have made under Regulations 6 and 7;
b
of the report, allegation or complaint on which the charge is founded (or so much thereof as relates to the accused) and of any reports thereon (other than the report arising out of the investigation referred to in Regulation 7) notwithstanding that they may be confidential;
c
of any statement relating to the charge made by any witness to be called in support of the charge, together with the witness’s name and address; and
d
of any statement relating to the charge made by any person, other than a witness to be called in support of the charge, in the course of the investigation referred to in Regulation 7, to the appropriate authority or to anybody acting on its behalf, together with the person’s name and address.
2
Where the charge is founded on a report, allegation or complaint and a statement arising therefrom made by the same person, the reference in paragraph (1)(b) to the report, allegation or complaint shall, without prejudice to paragraph (1)(c) or (d), be construed as including a reference to that statement.
3
In this Regulation any reference to a copy of a statement, report, allegation or complaint shall, where it was not made in writing, be construed as a reference to a copy of an account thereof.
Hearing by tribunal
12
1
A charge against a senior police member shall be heard by a tribunal consisting of a single person selected and appointed by the appropriate authority from a list of persons nominated by the Lord Chancellor.
2
To assist the tribunal on matters pertaining to the police there shall also be appointed by the appropriate authority one or more assessors selected by that authority with the approval of the tribunal one of whom is or has been a chief officer of police, or has been a Director General of NCIS or a Director General of NCS, so, however, that there shall not be so appointed —
a
a person who is one of Her Majesty’s inspectors of constabulary;
b
the Director General of NCIS;
c
the Director General of NCS; or
d
a member, officer or servant of the appropriate authority or of any police authority which appoints any member of the appropriate authority.
Procedure at hearing
13
1
The hearing shall be in private.
2
The case against the accused shall be presented —
a
by the independent solicitor mentioned in regulation 9(2)(a);or
b
by some other independent solicitor.
3
In paragraph (2)(b) “independent solicitor” has the same meaning as in Regulation 9.
4
If the accused does not admit the charge, the hearing shall proceed as though he denied the charge.
5
Before the case against the accused is presented, the accused may submit that the facts alleged in the charge are not such as to constitute the offence with which he is charged and the tribunal, if it upholds that submission, shall determine that the charge to which the submission relates should be dismissed.
6
The accused may conduct his case either in person or by a representative:
Provided that if the accused is represented by a police member of NCIS, a police member of NCS or a member of a police force the accused, as well as his representative, may cross-examine the witnesses called in support of the case against him.
7
Any question as to whether any evidence is admissible, or whether any question should or should not be put to a witness, shall be determined by the tribunal.
8
A verbatim record of the proceedings before the tribunal shall be taken and a transcription of the record shall be made and sent to the appropriate authority and, if a punishment is imposed by that authority and the accused contemplates an appeal to the National Crime Squad appeals tribunal, at his request made within the period during which notice of appeal may be given, a copy thereof shall be supplied to him.
Statements in lieu of oral evidence
14
1
Subject to the provisions of this regulation, the tribunal may admit evidence by way of a written statement made by a person, notwithstanding that he may not be called as a witness, so, however, that evidence shall not be admissible thereunder if it would not have been admissible had it been given orally.
2
For the purposes hereof, a written statement purporting to be made and signed by a person and witnessed by another person shall be presumed to have been made by that person unless the contrary be shown.
3
If either the accused or the person presenting the case against him (in this regulation referred to as “the parties”) proposes to adduce written evidence in pursuance of this regulation at a hearing, he shall give the other party a copy of the statement at least 21 days before the date of that hearing and invite that party to agree or object, in writing, to the admission of the statement in evidence without the maker thereof being called as a witness and being available for cross-examination and, if that party within 14 days from the receipt by him of the copy of the statement has so objected, the statement shall only be admitted in evidence if the maker thereof is called and is available as aforesaid:
Provided that if the parties in writing so agree in the case of a particular statement, this paragraph shall have effect in relation to that statement as though —
the reference to a period of 21 days were a reference to such shorter period as they may agree;
the reference to a period of 14 days were a reference to such shorter period, expiring before the date of the hearing, as they may agree.
4
Where, notwithstanding that the other party has not so objected and a written statement has been admitted in evidence without the maker thereof being called and being available as aforesaid, the tribunal is of the opinion that oral evidence should be given, it may request that the maker be called as a witness and, in such case, unless the maker gives oral evidence, the tribunal shall be entitled to disregard the written evidence.
5
Nothing in this regulation shall prejudice the admission of written evidence which would be admissible apart from the provisions thereof.
Adjournment of hearing
15
The tribunal may from time to time adjourn the hearing if it considers it necessary or expedient so to do for the due hearing of the case.
Hearing in absence of accused
16
1
It shall be within the discretion of the tribunal to proceed with the hearing of the case in the absence of the accused if it appears just and proper so to do.
2
Where, owing to the absence of the accused, it is impossible to comply with any of the procedure described in regulations 6, 7, 9 and 11 that procedure shall be dispensed with.
Attendance of complainant at hearing
17
1
This regulation shall apply in relation to the hearing of a charge against a senior police member where the charge is in respect of a matter or matters complained of in a complaint against him received from a member of the public.
2
Notwithstanding anything in regulation 13(1) but subject to paragraph (4), the tribunal shall allow the complainant to attend the hearing while witnesses are being examined, or cross-examined, on the facts alleged in the charge and, if the tribunal considers it appropriate so to do on account of the age of the complainant, or otherwise, shall allow him to be accompanied by a personal friend or relative who is not to be called as a witness at the hearing:
Provided that —
where the complainant is to be called as a witness at the hearing, he and any person allowed to accompany him shall not be allowed to attend before he gives his evidence, and
where it appears to the tribunal that a witness may, in giving evidence, disclose information which, in the public interest, ought not to be disclosed to a member of the public, it shall require the complainant and any person allowed to accompany him to withdraw while that evidence is given.
3
Where the accused gives evidence, then, after the person presenting the case against him has had an opportunity of cross-examining him, the tribunal shall put to him any questions which the complainant requests should be so put and might have been properly so put by way of cross-examination and, at its discretion, may allow the complainant himself to put such questions to the accused.
4
Subject as aforesaid, the complainant and any person allowed to accompany him shall neither intervene in, nor interrupt, the hearing; and if he or such a person should behave in a disorderly or abusive manner, or otherwise misconduct himself, the tribunal may exclude him from the remainder of the hearing.
5
In this regulation a reference to the complainant is a reference to the person by or on behalf of whom the complaint was made.
Tribunal’s report
18
1
The tribunal shall, as soon as possible after the hearing, submit a report to the appropriate authority setting out —
a
a statement of the facts admitted or found to be proved so far as they are material to the case;
b
a statement as to the charges found to be proved or not to be proved;
c
if any charges are found to be proved, a recommendation as to any punishment which, subject to regulation 19, in its opinion should be imposed therefor;
d
any other matter arising out of the hearing which it desires to bring to the notice of the appropriate authority.
2
For the purposes of this regulation, a charge shall not be regarded as being proved unless it is —
a
admitted by the accused; or
b
proved by the person presenting the case to the tribunal hearing the case beyond reasonable doubt.
3
The tribunal shall send the accused a copy of the report.
4
A copy of the report of the tribunal together with the decision of the appropriate authority shall be sent by the appropriate authority to the Secretary of State.
Decision of appropriate authority
19
1
On receipt of the report of the tribunal the appropriate authority shall decide either to dismiss the case or —
a
to record a finding of guilt but to take no further action thereon, or
b
to record a finding of guilt and impose a punishment.
2
As soon as possible after the appropriate authority has taken its decision in the case that decision shall be recorded on the discipline form and notified in writing to the accused.
Punishment
20
1
For the purposes of regulation 8, 18(1)(c) or 19(1), the punishments which may be recommended or imposed shall be —
a
dismissal from the National Crime Squad;
b
requirement to resign from the National Crime Squad as an alternative to dismissal, either forthwith or on such date as may be specified in the recommendation or decision;
c
reprimand.
2
Where the question of the punishment to be imposed is being considered by the appropriate authority under regulation 8 or 19(1) —
a
it shall have regard to the accused’s record of service with the National Crime Squad and service as a member of a police force or with NCIS and may receive evidence from any witness whose evidence would, in its opinion, assist it in determining the question, and
b
the accused, or his representative, shall be afforded an opportunity to make oral, or if he thinks fit, written representations as respects the question or to adduce evidence relevant thereto.
3
Regulation 13(7) shall apply to proceedings at which such evidence as is referred to in paragraph (2)(a) or (b) or such oral representations as are referred to in paragraph (2)(b) is given or are made as it applies to the proceedings before the tribunal.
Expenses of hearing
21
1
All the expenses of a hearing under these Regulations, including the costs of the accused, shall be defrayed out of the service fund.
2
Any costs payable under this regulation shall be subject to taxation in such manner as the Secretary of State may direct.
Suspension — ordinary procedure
22
1
Where it appears to the appropriate authority, on receiving a report, allegation or complaint from which it appears that a senior police member may have committed a disciplinary or criminal offence, that the senior police member concerned ought to be suspended from membership of the National Crime Squad and from his office as constable, the appropriate authority may, subject to the following provisions of this Regulation, so suspend him.
2
The appropriate authority shall not so suspend a senior police member unless it appears to it that either of the following conditions (“the suspension conditions”) is satisfied, namely —
a
that the effective investigation of the matter may be prejudiced unless the senior police member concerned is so suspended;
b
that the public interest, having regard to the nature of the report, allegation of complaint, and any other relevant considerations, requires that he should be so suspended.
3
If the appropriate authority determine that a senior police member ought to be suspended under this Regulation, it shall forthwith notify the Authority of their decision and of the suspension condition appearing to them to justify its decision.
4
If, upon being so notified of the decision of the appropriate authority, the Authority are satisfied that the suspension condition in question is fulfilled, they shall as soon as practicable notify their approval of the suspension of the senior police member concerned to the appropriate authority; and the suspension of the officer shall not have effect unless the approval of the Authority is so given.
5
Where the Authority give their approval to the suspension of a senior police member, his suspension shall take effect from the time he receives notice of the Authority’s approval thereof from the appropriate authority, and he shall be suspended until —
a
the Authority decide otherwise; or
b
the appropriate authority decide otherwise; or
c
it is decided that the senior police member shall not be charged with a disciplinary offence; or
d
he has been so charged and —
i
all the charges have been dropped; or
ii
a finding of guilt has been recorded but no further action has been taken thereon; or
iii
a punishment has been imposed,
whichever first occurs.
Suspension — urgent cases
23
1
Subject to paragraph (2), in cases of urgency, the like power of suspension as under Regulation 22 may be exercised with immediate effect —
a
in relation to the Director General or a person for the time being discharging his functions, by the appropriate authority, and
b
in any other case by the Director General.
2
Where a senior police member has been suspended under paragraph (1), the appropriate authority or, as the case may be, the Director General shall notify the Authority forthwith.
3
Without prejudice to Regulation 22(5), the suspension of a senior police member under this Regulation shall cease to have effect at the expiry of 24 hours from the imposition thereof unless within that period the Authority have notified the appropriate authority or, as the case may be, the Director General of their approval thereof.
Alun Michael
Minister of State
Home Office
9th March 1998


text:
Citation and commencement
1
These Regulations may be cited as the M4 Motorway (Hillingdon and Hounslow) (Speed Limits) Regulations 1998 and shall come into force on 30th October 1998.
Prohibitions
2
1
No person shall drive a motor vehicle at a speed exceeding 40 miles per hour on the lengths of road specified in Part II of the Schedule to these Regulations.
2
No person shall drive a motor vehicle at a speed exceeding 50 miles per hour on the lengths of road specified in Part III of the Schedule to these Regulations.
3
Part I of the Schedule to these Regulations shall have effect for the interpretation of the Schedule.
Revocation
3
The Motorways Traffic (M4) (Speed Limit) Regulations 1971 are hereby revoked.
Signed by the authority of the Secretary of State for the Environment, Transport and the Regions
Glenda Jackson
Parliamentary Under Secretary of State,
Department of Environment, Transport and the Regions
10th July 1998


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Local Government Finance (New Parishes) Regulations 1998 and shall come into force on 20th February 1998.
2
These Regulations apply only in England.
Interpretation
2
In these Regulations —
“ the Act ” means the Local Government Finance Act 1992;
“new parish” means a parish constituted by a section 14 order;
“prospective billing authority” means the billing authority within whose area the new parish is or will be situated; and “billing authority” has the same meaning as in Part I of the Act;
“relevant chairman” means the chairman of the parish meeting of the new parish;
“relevant parish council” means a new parish council established for the new parish;
“relevant year” means the financial year in which the new parish is constituted; and
“section 14 order” means an order made under section 14 of the Local Government and Rating Act 1997.
Calculation of budget requirement
3
1
This regulation applies —
a
in relation to a new parish, the prospective billing authority, the relevant year, the relevant chairman and the relevant parish council (if any); and
b
as respects the period beginning on the day after that on which the section 14 order is made and ending immediately before the day on which a precept for the relevant year is issued by the relevant parish council, or the relevant chairman, as the case may be.
2
In making calculations in accordance with section 32 of the Act (calculation of budget requirement by billing authorities), originally or by way of substitute, the prospective billing authority shall anticipate a precept by taking into account for the purposes of its estimate under subsection (2)(a) of that section an amount equal to that specified, in relation to a relevant parish council or a relevant chairman, as the case may be, for the purposes of these Regulations, in a section 14 order which creates the new parish.
3
Section 32 of the Act shall have effect as if subsection (6) were omitted.
4
The relevant parish council, or the relevant chairman, shall make the calculations required by section 50 of the Act (calculation of budget requirement by local precepting authorities) for the relevant year so as to secure that the amount calculated as its budget requirement for that year does not exceed the amount specified in relation to the relevant parish council or relevant chairman, as the case may be, in the relevant section 14 order.
Special items
4
In relation to an amount taken into account for the purposes of section 32(2)(a) of the Act by virtue of regulation 3(2), Chapter III of Part I of the Act (setting of council tax) shall have effect as if the amount were an item mentioned in section 35(1) of the Act (special items for purposes of section 34) which related to a part of the area of the prospective billing authority.
Issue of precepts
5
1
This regulation applies in relation to a relevant parish or a relevant chairman, as the case may be, and the relevant year.
2
Section 41(4) of the Act (issue of precepts by local precepting authorities) shall have effect as if the words “March in the financial year preceding that for which it is issued” were substituted by “October in the financial year for which it is issued”.
3
The reference in section 42(2) to section 41 shall have effect as if it were a reference to section 41 as modified by paragraph (2).
4
Regulation 3 of the Billing Authorities (Anticipation of Precepts) (Amendment) Regulations 1995 shall have effect as if the amount to be paid by the prospective billing authority to the relevant parish council or the relevant chairman which issued the precept were a sum equal to the amount of the precept issued (or last issued) by it.
Limitation of council tax and precepts
6
In relation to the relevant year and a prospective billing authority, the references in sections 54(4) (power to designate authorities) and 64(2) (information) of the Act to the aggregate amount of precepts anticipated by a billing authority in pursuance of regulations under section 41 shall have effect as if the aggregate amount included the amount specified in relation to a relevant parish council or a relevant chairman in a section 14 order.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
26th January 1998