text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Service Committees and Tribunal) Amendment Regulations 1998 and shall come into force on 1st April 1998.
2
In these Regulations, “the principal Regulations ” means the National Health Service (Service Committees and Tribunal) Regulations 1992 .
Amendment of regulation 2 of the principal Regulations
2
In regulation 2 of the principal Regulations (interpretation), in paragraph (1) there shall be inserted the following definitions in the places which will maintain alphabetical order —
“the 1997 Act ” means the National Health Service (Primary Care) Act 1997;
;
“personal medical services” has the meaning given by section 1(8) of the 1997 Act;
;
“pilot scheme” has the meaning given by section 1(1) of the 1997 Act;
; and
“pilot scheme practitioner” has the meaning given by section 15(3) of the 1997 Act;
.
Amendment of regulation 4 of the principal Regulations
3
1
Regulation 4 of the principal Regulations (provisions relating to the start of disciplinary proceedings) shall be amended as follows.
2
In paragraph (5), after “doctor was included” there shall be inserted —
; or
c
with which the agreement constituting the pilot scheme was made, where the matter relates to the act or omissions of a doctor when temporarily performing personal medical services in connection with a pilot scheme in place of a pilot scheme practitioner who is normally responsible for the performance of those services
.
3
In paragraph (6)(a), after “relevant time” there shall be inserted “or who at the relevant time was a pilot scheme practitioner”.
Amendment of regulation 20 of the principal Regulations
4
In regulation 20 of the principal Regulations (power of Local Representative Committees to consider complaints), in paragraph (1) after “relevant locality” there shall be inserted “(other than in connection with a pilot scheme)”.
Amendment of regulation 21 of the principal Regulations
5
In regulation 21 of the principal Regulations (interpretation and forms), in paragraph (1) —
a
in the definition of “application”, after “the Act” there shall be inserted “or paragraph 5 of Schedule 1 to the 1997 Act”;
b
in the definition of “representations”, after “the Act” there shall be inserted “or paragraph 3(1) or (2) of Schedule 1 to the 1997 Act”;
c
in the definition of “respondent”, after “the Act” there shall be inserted “or not included pursuant to a direction under paragraph 4(1) of Schedule 1 to the 1997 Act”.
Amendment of regulation 24 of the principal Regulations
6
1
Regulation 24 of the principal Regulations (making of representations and preliminary matters) shall be amended as follows.
2
For paragraph (1) there shall be substituted —
1
Representations to the Tribunal —
a
under section 46(1) of the Act that the continued inclusion of a person’s name in a medical list, dental list, ophthalmic list or list of persons providing pharmaceutical services would be prejudicial to the efficiency of the services in question; or
b
under paragraph 3 of Schedule 1 to the 1997 Act that the inclusion of a person’s name in a medical list would be prejudicial to the efficiency of general medical services,
shall be made in accordance with this regulation.
1A
Subject to paragraph (1B), the representations referred to in paragraph (1) shall —
a
be made in writing;
b
be signed by the complainant or on his behalf by some person authorised by him; and
c
include a preliminary statement of the alleged facts and the grounds upon which he intends to rely,
and shall be sent to the Tribunal.
1B
The representations referred to in paragraph (1)(b) shall be sent to the Tribunal before the end of the period of two weeks beginning with the date on which the Health Authority received the person’s application for his name to be included in the medical list.
.
3
In paragraph (2) —
a
for “the period of 28 days beginning with the day on which the Tribunal sent him notice of its requirement” there shall be substituted “such period (being not less than 14 nor more than 28 days), beginning with the day on which the Tribunal sent him notice of its requirement, as the Tribunal shall specify in the notice”; and
b
for “paragraph (1)(c)” there shall be substituted “paragraph (1A)(c)”.
4
In paragraph (6)(a), for “paragraph (1)(c)” there shall be substituted “paragraph (1A)(c)”.
Amendment of regulation 26 of the principal Regulations
7
1
Regulation 26 of the principal Regulations (inquiry as to representations) shall be amended as follows.
2
In paragraph (3)(c), after “the Act” there shall be inserted “or under paragraph 4(1) of Schedule 1 to the 1997 Act”.
3
In paragraph (5) —
a
after “contains a direction under section 46(2)” there shall be inserted “or under paragraph 4(1) of Schedule 1 to the 1997 Act”; and
b
after “or both” there shall be inserted “or a direction under paragraph 4(1) of Schedule 1 to the 1997 Act”.
Amendment of regulation 28 of the principal Regulations
8
For regulation 28 of the principal Regulations (applications for removal of disqualification) there shall be substituted —
Applications for removal of disqualification
28
1
An application for a direction —
a
under section 47 of the Act that a person shall no longer be disqualified for inclusion in any list to which a direction under section 46 of the Act relates; or
b
under paragraph 5 of Schedule 1 to the 1997 Act that a person shall no longer be disqualified for inclusion in any medical list to which a direction under paragraph 4 of that Schedule relates,
may be made to the Tribunal and shall be made in accordance with this regulation.
.
2
An application made under paragraph (1) shall —
a
be made in writing;
b
be signed by or on behalf of the applicant;
c
contain a statement of the grounds on which it is made; and
d
include a copy of each document which the applicant proposes to put in evidence.
Amendment of regulation 29 of the principal Regulations
9
1
Regulation 29 of the principal Regulations (applications to the Tribunal) shall be amended as follows.
2
In paragraph (2), for “regulation 28(d)” there shall be substituted “regulation 28(2)(d)”.
3
In each of paragraph (3)(a) and paragraph (6)(c), after “the Act” there shall be inserted “or (as the case may be) under paragraph 5 of Schedule 1 to the 1997 Act”.
Amendment of regulation 31 of the principal Regulations
10
In regulation 31 of the principal Regulations (publication of decisions), after paragraph (e) there shall be inserted —
f
any direction of the Tribunal under paragraph 4(1) or 5 of Schedule 1 to the 1997 Act;
g
any imposition or removal of a disqualification referred to in paragraph 6 of Schedule 1 to the 1997 Act (direction in Northern Ireland).
.
Publication of information about applications involving preferential treatment
11
After regulation 31A of the principal Regulations, there shall be inserted the following new regulation —
Publication of information about applications involving preferential treatment
31B
The Secretary of State shall publish in such a manner as he thinks fit information about —
a
applications made to Health Authorities for inclusion in their medical list of the names of medical practitioners in respect of whom Schedule 1 to the 1997 Act applies; and
b
the right of persons to make representations against such applications.
.
Amendment of regulation 35 of the principal Regulations
12
In regulation 35 of the principal Regulations (power to extend time limits), in paragraph (3)(b), for “regulation 24(2)” there shall be substituted “regulation 24(1B), (2)”.
Amendment of Schedule 8 to the principal Regulations
13
Both Parts of Schedule 8 (forms for use in proceedings before Tribunal) shall be amended as follows —
a
for “In the matter of the National Health Service Act 1977” there shall be inserted “In the matter of [ (ba) ]”;
b
for “continued inclusion” there shall be substituted “[continued (ea) ] inclusion”;
c
after note (b) there shall be inserted —
ba
the National Health Service Act 1977 or the National Health Service (Primary Care) Act 1997, as the case may be
;
d
after note (e) there shall be inserted —
ea
delete the word “continued” if the representations are being made under Schedule 1 to the National Health Service (Primary Care) Act 1997;
.
Amendment of Schedule 9 to the principal Regulations
14
1
Schedule 9 (hearings under Part III) shall be amended as follows.
2
In paragraph 1, after “inquiry shall” there shall be inserted “whether or not on application by any party”.
3
In paragraph 2, after “included” there shall be inserted “(or, in the case of representations made under the 1997 Act, in whose medical list the respondent is seeking to be included)”.
Frank Dobson
One of Her Majesty’s Principal Secretaries of State,
Department of Health
11th March 1998


type: legislation

jurisdiction: UK

text:
This Order may be cited as the Nurses, Midwives and Health Visitors (Midwives Amendment) Rules Approval Order 1998 and shall come into force on 1st December 1998.
Frank Dobson
One of Her Majesty’s Principal Secretaries of State ( Department of Health )
26th October 1998


text:
Citation and commencement
1
These Regulations may be cited as the Education (Assisted Places) (Amendment) (No. 2) Regulations 1998, and shall come into force on 2nd September 1998.
Amendments to the Education (Assisted Places) Regulations 1997
2
The Education (Assisted Places) Regulations 1997 shall be amended in accordance with regulations 3 to 8 below.
3
In regulation 4 (as amended by the Education (Assisted Places) (Amendment) Regulations 1998 , for “19(7)” there shall be substituted “19B(5)”.
4
In regulation 6(1) (as amended by the Education (Assisted Places) (Amendment) Regulations 1998), for “19(7)” there shall be substituted “19B(5)”.
5
For the cross-heading “ Transfer of assisted places ” preceding regulation 19, there shall be substituted —
Merger, closure etc. of former participating school
.
6
1
Regulation 19 shall be amended as follows.
2
Paragraph (3) shall be omitted.
3
For paragraph (5) there shall be substituted —
5
In this Regulation, “new school” means any school formed by the merger of a former participating school and another school referred to in paragraph (1)(a).
.
4
Paragraphs (6) to (8) shall be omitted.
7
After regulation 19, there shall be inserted the following new regulation —
Transfer of assisted places
19A
In any case where the Secretary of State is satisfied that it is reasonable to do so in view of any particular circumstances relating to a pupil who holds (or has at any time held) an assisted place provided by a school under section 2(1) of the 1997 Act, he may authorise —
a
another former participating school, or
b
a new school authorised to provide any assisted places by virtue of regulation 19,
to provide for the pupil under section 2(1) of the 1997 Act the assisted place which the first-mentioned school was authorised to provide.
.
8
After the new regulation 19A so inserted, there shall be inserted the following new regulation —
Authorisation of replacement school
19B
1
This regulation applies where the Secretary of State decides to authorise a school pursuant to regulation 19 or 19A.
2
Where this regulation applies, the Secretary of State shall give written notice of his decision to the replacement school; and that notice shall specify in respect of every transferred assisted pupil —
a
his name, address and date of birth;
b
the period for which he may be provided with an assisted place by the replacement school (which shall correspond to the remainder of the period for which his assisted place at the old school would have been available); and
c
the maximum annual amount of fees which may be charged for him by the replacement school.
3
A transferred assisted pupil shall cease to hold an assisted place at the replacement school at the end of the period specified in the notice.
4
Before giving a notice in the case of any pupil, the Secretary of State shall consult the replacement school as to the level of fees he proposes to specify in the notice in relation to that pupil.
5
Subject to regulation 6, the fees charged by a replacement school for a transferred assisted pupil shall not exceed the maximum annual amount specified in the notice.
6
In this Regulation —
“notice” (except in paragraph (2)) means a notice given by the Secretary of State to a replacement school under paragraph (2);
“old school”, in relation to a transferred assisted pupil, means the school at which he was last provided with an assisted place before the Secretary of State made the decision referred to in paragraph (1);
“replacement school”, in relation to a transferred assisted pupil, means the school authorised to provide an assisted place for that pupil under regulation 19 or (as the case may be) 19A;
“transferred assisted pupil”, in relation to a replacement school, means a child who held an assisted place at an old school and for whom the replacement school is authorised to provide an assisted place under regulation 19 or (as the case may be) 19A.
.
Amendment to the Education (Assisted Places) (Amendment) Regulations 1998
9
Regulation 9 of the Education (Assisted Places) (Amendment) Regulations 1998 is hereby revoked.
Tessa Blackstone
Minister of State,
Department for Education and Employment
5th August 1998
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
7th August 1998


text:
Citation, Commencement and Interpretation
1
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programmes of Study in Geography) (England) Order 1998 and shall come into force on 1st September 1998.
2
In this Order–
“The Document” means the Document published by Her Majesty’s Stationery Office in January 1995 entitled “Geography in the National Curriculum (England)” .
3
This Order applies only to pupils at maintained schools and grant-maintained schools (other than schools established in a hospital) in England.
Revocation
2
The Education (National Curriculum) (Attainment Targets and Programmes of Study in Geography) (England) Order 1995 is hereby revoked.
Specification of attainment targets and programmes of study
3
It is hereby directed that the provisions relating to attainment targets and programmes of study set out in the Document shall have effect in relation to schools in England for the purpose of specifying attainment targets and programmes of study in relation to geography subject to the amendments set out in the Schedule.
4
The examples printed in italics in the Document (which serve to illustrate the programmes of study described therein) do not form part of the provision made by this Order.


text:
1
This Order may be cited as the Bank of England Act 1998 (Commencement) Order 1998.
2
The Bank of England Act 1998 shall come into force on 1st June 1998.
Jim Dowd
Graham Allen
Two of the Lords Commissioners of Her Majesty’s Treasury
24th April 1998


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Sole (Specified Sea Area) (Prohibition of Fishing) Order 1998 and shall come into force on 7th September 1998.
2
In this Order–
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned;
“length”, in relation to a boat, means the length calculated in accordance with the rules specified in Article 2(1) of Council Regulation ( EEC ) No. 2930/86 defining characteristics for fishing vessels as amended ;
“sea area” means a statistical division or sub-area of the International Council for the Exploration of the Sea specified in the Schedule hereto.
Prohibition and Exception
2
1
Subject to paragraph (2) below, fishing–
a
by any British fishing boat registered in the United Kingdom within any part of a sea area; or
b
by any other British fishing boat within any part of a sea area which lies within British fishery limits
for sole ( Solea solea ) in sea area ICES Statistical Division VIIe is prohibited during the period beginning with the date of coming into force of this Order and ending immediately before 1st January 1999.
2
The prohibition in paragraph (1) above shall not apply to any boat whose length exceeds 10 metres, except in the case of any boat when used for the purpose of conveying persons wishing to fish for pleasure.
Powers of British sea-fishery officers in relation to fishing boats
3
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) below–
a
anywhere in relation to any British fishing boat registered in the United Kingdom; and
b
in any waters adjacent to the United Kingdom and within British fishery limits in relation to any other British fishing boat.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular–
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits he may–
a
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
19th August 1998
Sewel
Parliamentary Under Secretary of State, Scottish Office
21st August 1998
Signed by authority of the Secretary of State for Wales
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
20th August 1998
Tony Beeton
Assistant Secretary, Northern Ireland Office
18th August 1998


text:
PART I
PRELIMINARY
Citation and commencement
1
This Order may be cited as the Bristol City Docks Harbour Revision Order 1998 and shall come into force on 20th May 1998.
Interpretation
2
In this Order —
“the 1961 Act ” means the Bristol Corporation Act 1961 ;
“the appointed day” means such day as the Council may (with the agreement of the Company ) appoint for the purposes of Part V of this Order;
“the City Docks ” means the Docks of the Council known as the Floating Harbour and all basins and other works constructed in connection therewith and includes —
the River Avon from the line coloured blue on the signed plan for the Port of Bristol Harbour Revision Order 1993 to Hanham Mills and all other rivers or parts of rivers, harbours, canals, pills and creeks communicating directly with that part of the river and which on 5th December 1972 were or are for the time being within the city; and
the banks of the River Avon from that line to Hanham Mills and the banks of all pills and creeks communicating directly with that part of the river together with a space of five yards in width on each of the banks thereof immediately above the level of mean high-water springs;
“the Company” means First Corporate Shipping Limited;
“the Council” means the City Council of Bristol;
“the docks estate” means the lands which are for the time being vested in or occupied by the Council for the purposes of their undertaking at the City Docks;
“hovercraft” has the same meaning as in the Hovercraft Act 1968 ;
“operator” and “telecommunications code system” have the same meaning as in Schedule 4 to the Telecommunications Act 1984 ;
“personal watercraft” means any watercraft (not being a structure which by reason of its concave shape provides buoyancy for the carriage of persons or goods) propelled by a jet engine or other mechanical means of propulsion and steered either —
by means of a handlebar-operated linkage system (with or without a rudder at the stern);
by the person or persons riding the craft using his or their body weight for the purpose; or
by a combination of the methods referred to in (a) and (b) above;
“the Portishead Pier estate” has the same meaning as in the City of Bristol (Portishead Docks) Act 1992 ;
“statutory undertaker” means —
any person who is a statutory undertaker for any of the purposes of the Town and Country Planning Act 1990 ;
any other person who exercises functions under the Land Drainage Act 1991 ;
a coast protection authority within the meaning of section 1 of the Coast Protection Act 1949 ; or
any operator of a telecommunications codes system;
“ Trinity House ” means the Corporation of Trinity House of Deptford Strond;
“ vessel ” means every description of vessel, however propelled or moved, and includes —
non-displacement craft and any thing constructed or used to carry or propel persons or goods by or across water;
any hovercraft; and
any hydrofoil vessel;
“works” means works of any description;
“works licence” means a licence granted under article 5 of this Order.
PART II
LICENSING OF WORKS
Restriction of works
3
1
Subject to paragraph (4) below, no person other than the Council shall construct, alter, renew, or extend any works in, under or over the waters of the City Docks unless he is licensed to do so by a works licence, nor except upon the terms and conditions, if any, upon which the licence is granted and in accordance with plans, sections and particulars approved in pursuance of article 5 of this Order.
2
Any person who without reasonable excuse contravenes paragraph (1) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
3
The Council may by notice require a person who contravenes paragraph (1) above to remove, abate or rectify, within a reasonable time specified in the notice, any work, operation or omission to which the contravention relates, and to restore the site thereof to its former condition; and if that person fails to comply with the notice, the Council may carry out the work so required and recover from him the cost of so doing.
4
Nothing in this article shall apply to —
a
any operations or works specifically authorised by any enactment; or
b
any operations or works of a statutory undertaker.
Control of certain operations and works of statutory undertakers
4
1
This article applies to any operations or works of a statutory undertaker in, under or over the waters of the City Docks, not being operations or works which are specifically authorised by any enactment.
2
Subject to paragraph (3) below, a statutory undertaker shall not carry out any operations or works to which this article applies unless it has given notice of its intention to do so to the Council and has supplied the Council with such particulars as they may reasonably require.
3
Where, in an emergency, it is impracticable to give notice as required by paragraph (2) above, the statutory undertaker shall inform the Council of the operations or works as soon as reasonably practicable.
4
Any operations or works to which this article applies shall be carried out subject to any directions which may from time to time be given by the Council to the statutory undertaker, being directions such as in the opinion of the Council are necessary for the avoidance of danger and the prevention, so far as reasonably possible, of interference with navigation in the carrying out of such operations or works.
5
Any person who without reasonable excuse contravenes this article shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Licensing of works
5
1
The Council may, upon such terms and conditions as they think fit, grant to any person a licence to construct, alter, renew or extend works in, under or over the waters of the City Docks, notwithstanding that the works as constructed, altered, renewed or extended interfere with the public right of navigation or any other public right.
2
Application for a works licence shall be made in writing to the Council and shall —
a
be accompanied by such plans, sections and particulars of the works to which the application relates as the Council may reasonably require; and
b
specify whether the applicant holds such rights in, under or over land as are necessary to enable him to enjoy the benefits of the licence and, if not, the action taken to enable him to obtain such rights if the licence is granted,
and, in granting a licence, the Council may require modifications in the plans, sections and particulars so submitted.
3
Without prejudice to paragraph (1) above, the Council may require an applicant for a works licence, on making his application, to pay a reasonable charge in respect of the administrative expenses of dealing with the application; and different charges may be required to be paid in relation to different cases or classes of case.
4
a
On receipt of an application for a works licence the Council shall serve on the Environment Agency a copy of the application and all plans, sections and particulars incidental thereto.
b
The Council shall consider such observations as the Environment Agency may submit to the Council within six weeks after service on that Agency of the application and particulars as aforesaid and shall not grant a works licence before the expiry of that period.
c
In granting any works licence in response to such an application the Council shall impose on the applicant such terms and conditions as give effect to such reasonable requirements to prevent pollution of any watercourse, to safeguard it against damage or to secure that its efficiency for land drainage purposes is not impaired, as the Environment Agency may, within the said period, make in any observations to the Council.
d
The provisions of sub-paragraph (c) above are subject to the Council’s duty under article 6(5) of this Order to give effect to any decision or requirement given or made by the Secretary of State under article 6(4) of this Order.
5
Where the Council refuse to grant a works licence which has been applied for they shall give reasons in writing for the refusal.
6
Where the Council grant a works licence upon terms or conditions or require any modifications in the plans, sections and particulars, they shall give reasons in writing for the terms and conditions imposed or the modifications required.
7
If within three months from the receipt of the application under paragraph (2) above the Council do not grant a works licence, they shall be deemed to have refused the application.
8
Articles 7 to 12 of the Bristol City Docks Harbour Revision Order 1995 (provisions to be complied with in the case of certain works) apply in relation to works authorised by a works licence as they apply in relation to works authorised by that Order as if references to the Council were references to the holder of the works licence in question.
9
In the carrying out of operations in pursuance of a works licence, the holder of the licence shall not —
a
interfere with, damage or otherwise injuriously affect any apparatus belonging to or maintained by a statutory undertaker; or
b
do anything which will obstruct or impede any work relating to the inspection or repair of any such apparatus,
without the consent of the statutory undertaker concerned.
10
Nothing in this article affects the operation in relation to any works of section 109 of the Water Resources Act 1991 (obstruction of main river) or section 23 of the Land Drainage Act 1991 (obstructions in other watercourses).
Appeals in respect of works licences
6
1
An applicant for a works licence who is aggrieved by —
a
a refusal of the Council to grant a licence;
b
any terms or conditions subject to which the licence is granted; or
c
any modifications required by the Council in the plans, sections and particulars submitted by the applicant,
may, within 28 days beginning with the date on which the Council notify the applicant of their decision, or the date on which the Council are, under article 5(7) of this Order, deemed to have refused the application, appeal to the Secretary of State.
2
An appeal under paragraph (1) above shall be made by notice in writing stating the grounds of appeal.
3
a
A person who appeals under paragraph (1) above shall send to the Council a copy of his notice of appeal.
b
The Council may, within 28 days from the receipt of the notice, make to the Secretary of State representations in writing on the appeal; and, if they do, they shall as soon as reasonably practicable send a copy of their representations to the appellant.
4
On an appeal under paragraph (1) above, the Secretary of State may —
a
dismiss the appeal; or
b
require the Council to grant the licence or, as the case may be, to give their approval upon such terms or conditions and with such modifications (if any) of plans, sections or particulars as the Secretary of State may specify.
5
The Council shall give effect to any decision or requirement given or made by the Secretary of State under paragraph (4) above.
PART III
CHARGES
Power to make charges
7
1
Subject to paragraph (2) below, the Council may make such reasonable charges as they think fit for services and facilities provided by them in connection with their undertaking at the City Docks as from time to time authorised, including requirements as to the payment of interest on overdue charges.
2
Paragraph (1) above does not authorise the levying of ship, passenger and goods dues within the meaning of the Harbours Act 1964.
3
Nothing in this article shall affect the power to demand, take or recover charges which the Council have under or by virtue of any enactment.
4
Without prejudice to any enactment relating to the payment or recovery of charges due to the Council —
a
sections 27 to 41 and 44 to 46 of the Harbours, Docks, and Piers Clauses Act 1847 (which provide for various matters connected with liability for and collection of rates to be taken by the undertakers), as incorporated with or applied by any enactment relating to the Council; and
b
section 17 of the 1961 Act (recovery of rates),
shall apply to charges made under paragraph (1) above as they apply to rates payable to the Council.
Payment of charges
8
1
The charges which the Council are for the time being authorised to demand, take and recover in respect of vessels and goods or otherwise under any enactment shall be payable before the removal from the City Docks or the docks estate of any vessel or goods in respect of which they are payable, and may be demanded, taken and recovered by such persons, at such places, at such times and under such terms and conditions as the Council may from time to time specify in their published list of charges.
2
Charges payable to the Council on or in respect of —
a
a vessel, shall be payable by the owner or master thereof; and
b
goods, shall be payable by the owner, consignee or shipper thereof.
3
Where charges payable to the Council may be recovered by them from more than one person, the persons from whom they may be recovered shall be jointly and severally liable.
4
Without prejudice to the generality of paragraph (1) above, the terms and conditions as to the payment of charges which the Council may from time to time specify may include the time when a charge falls due for payment and may require such information to be given to the Council by the owner or master of a vessel or a person using a service or facility of the Council as the Council may require in connection with the assessment or collection of a charge.
Deposit for charges
9
1
The Council may, if they think fit, require any person who is liable, or may become liable, to pay charges to them to deposit with them, or to guarantee, such sum as in their opinion is reasonable having regard to the amount or probable amount of the charges.
2
Where such a person fails to deposit or guarantee the sum of money required the Council may detain in the City Docks or in the docks estate the vessel or goods in respect of which the charge has been or will be incurred until the requirement has been complied with or the charge paid.
Penalty for evading payment of charges
10
If the owner of any vessel or goods or any other person at any time eludes or attempts to elude or evade payment of, or wrongly refuses to pay, any charges payable by him to the Council at the time when they become due and payable, he shall be liable to pay to the Council a sum equal to three times the amount of such charges, which sum shall be a debt due to the Council and shall be recoverable by the Council in the same manner as penalties imposed by the Harbours, Docks, and Piers Clauses Act 1847 may be recovered, or by action in any court of competent jurisdiction.
PART IV
BYELAWS
General byelaws
11
1
In addition to the byelaws which may be made by the Council under the Bristol Dock Acts and Orders 1848 to 1992 in relation to the City Docks and the docks estate the Council may make byelaws for all or any of the following purposes —
a
for regulating the use, operation and management of the City Docks and the docks estate;
b
for regulating vessels in the City Docks and their entry into and departure from the City Docks and the good order and government of vessels within the City Docks;
c
for prescribing rules for regulating the speed and manner of navigation and the lights and signals to be exhibited or made by, or for the benefit of, vessels using, navigating or mooring within the City Docks;
d
for requiring vessels using the City Docks to be constructed and equipped in accordance with reasonable specifications prescribed by the Council;
e
for regulating the use of any works or facilities provided by the Council at the City Docks or the docks estate;
f
for prohibiting the use by vessels of specified parts of the City Docks without the consent of the harbour master;
g
for regulating the shipping and unshipping, landing, warehousing, stowing, depositing and removing of goods within the City Docks and at the docks estate;
h
for preventing damage or injury to any vessel, goods, vehicle, plant, machinery, property or persons within the City Docks or the docks estate;
i
for regulating the conduct of persons within the City Docks and the docks estate, not being members of a police force or officers or servants of the Crown whilst in the exercise of their duties;
j
for preventing or removing obstructions or impediments within the City Docks;
k
for prescribing the circumstances in which the Council may impound any vessel in the City Docks not having a licence in respect of those Docks under section 18 of the 1961 Act (as it applies to the City Docks) together with its cargo and other contents;
l
for regulating the removal and disposal of ballast brought by vessels entering the City Docks and the supply of ballast to vessels within the City Docks so as to prevent any unnecessary obstruction by ballast;
m
for preventing the disposal of any waste matter in the City Docks or the docks estate except at places or in a manner prescribed by the Council;
n
for requiring the use of effectual silencers on vessels in the City Docks and the control of noise generally in the City Docks and the docks estate;
o
for regulating the use of yachts, sailing boats, rowing boats, personal watercraft and other small vessels;
p
for regulating the holding of regattas and other public events and entertainments within the City Docks and the docks estate;
q
for prohibiting the use of the City Docks by vessels for the purpose of facilitating or otherwise in connection with any such events or entertainments as are mentioned in sub-paragraph (p) above;
r
for regulating the launching of vessels within the City Docks;
s
for regulating or preventing the use of fires or lights within the City Docks and the docks estate, and on or within any vessel in the City Docks;
t
for regulating the movement, speed and parking of vehicles within the docks estate;
u
for regulating fishing for marine creatures of any type and by whatever means from any vessel, or any pier, jetty, wharf or other installation or structure of any kind within or adjoining the City Docks;
v
for regulating or preventing bathing, and for securing the protection of bathers, within the City Docks; and
w
for regulating the exercise of the powers vested in the harbour master.
2
In this article “signals” includes sound signals.
3
Different byelaws may be made under this article in relation to different classes of vessel and in relation to different parts of the City Docks and the docks estate.
4
The Council shall have the same powers of sale in respect of any vessel and its cargo and other contents impounded under any byelaw made under this article as if the Council had taken possession of the vessel under section 252 of the Merchant Shipping Act 1995 (Powers of harbour and conservancy authorities in relation to wrecks).
5
The Council may recover as charges any costs or expenses reasonably incurred by them in impounding any vessel under any byelaw made under this article.
Confirmation of byelaws
12
1
The provisions contained in subsections (3) to (8) of section 236 and section 238 of the Local Government Act 1972 shall apply to all byelaws made after the coming into force of this Order by the Council under the Bristol Dock Acts and Orders 1848 to 1992 or this Order.
2
In its application to byelaws made under the Bristol Dock Acts and Orders 1848 to 1992 or this Order subsection (7) of the said section 236 shall have effect, subject to paragraph (3) below, as if after the word “confirm” in the second place where that word occurs there were inserted the words “with or without modification”.
3
Where the confirming authority proposes to make a modification which appears to him to be substantial, then —
i
he shall inform the Council and require them to take any steps he thinks necessary for informing persons likely to be concerned with that modification; and
ii
he shall not confirm the byelaws until there has elapsed such period as he thinks reasonable for the Council and other persons who have been informed of the proposed modification to consider and comment on it.
4
The confirming authority for the purposes of this article and of the said section 236 in its application to byelaws made under the Bristol Docks Acts and Orders 1848 to 1992 or this Order shall be the Secretary of State.
Offences against byelaws
13
Byelaws made by the Council under the Bristol Dock Acts and Orders 1848 to 1992 or this Order may contain provisions for the imposition on any person offending against any byelaw of a fine on summary conviction not exceeding level 4 on the standard scale and in the case of a continuing offence a fine not exceeding one-tenth of that level for each day on which the offence is continued after conviction for it.
PART V
PORTISHEAD PIER ESTATE
Establishment of Company as harbour authority for Portishead Pier estate
14
On the appointed day the Company shall become the harbour authority for the Portishead Pier estate and the Council shall cease to be the harbour authority in respect thereof.
Transfer of functions, property etc.
15
1
On the appointed day the Portishead Pier estate shall be transferred to and vested in the Company.
2
Articles 4 to 7 of the Port of Bristol Harbour Revision Order 1993 (which provide for the transfer of statutory powers and duties, the saving of byelaws and agreements and the continuance of proceedings) shall apply in relation to the transfer of the Portishead Pier estate by this Order as if —
a
references to the designated harbour were references to the Portishead Pier estate;
b
references to the operative date were references to the appointed day;
c
references to the undertaking of the Council at the designated harbour were references to the powers, duties, rights and liabilities of the Council in relation to the Portishead Pier estate as they exist immediately before the appointed day; and
d
the reference in article 4(1) to the Bristol Dock Acts and Orders 1848 to 1986 were a reference to the Bristol Dock Acts and Orders 1848 to 1992.
PART VI
SAVINGS
Crown rights
16
1
Nothing in this Order shall affect prejudicially any estate, right, power, privilege, authority or exemption of the Crown and, in particular and without prejudice to the generality of the foregoing, nothing in this Order shall authorise any person to take, use, enter upon or in any manner interfere with, any land or hereditaments or any rights of whatsoever description (including any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary) —
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those Commissioners; or
b
belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that government department.
2
A consent under paragraph (1) above may be given unconditionally, or subject to such conditions and upon such terms as may be considered necessary or appropriate.
Saving for Trinity House
17
Nothing in this Order shall prejudice or derogate from any of the rights, duties or privileges of Trinity House.
PART VII
AMENDMENTS AND REPEALS
Amendments of 1961 Act
18
1
The 1961 Act, in its application to the City Docks and the docks estate, shall be amended as follows.
2
In section 4(1) (Interpretation), for the definition of “vessel” there shall be substituted —
“vessel” means every description of vessel, however propelled or moved, and includes —
non-displacement craft and any thing constructed or used to carry or propel persons or goods by or across water; and
a hovercraft (within the meaning of the Hovercraft Act 1968) and a hydrofoil vessel,
.
3
In section 18 (Craft not to be navigated etc. in port unless licensed) —
a
in subsection (2), at the end there shall be added the words “and such licence may be granted subject to such reasonable conditions as the Council thinks fit”; and
b
after subsection (4) there shall be inserted the following —
5
This section shall not apply to any vessel —
a
which (not being a barge) appears to the Council to be used wholly or mainly for the carriage of goods or materials;
b
in respect of which any part of the City Docks is for the time being appropriated under section 33 (Power to appropriate lands and works for particular trades, etc.) of the Bristol Corporation (West Dock) Act 1971 ; or
c
by reason only of its presence in the City Docks whilst proceeding from a place outside those Docks to another such place.
.
4
In section 22 (Power to refuse or revoke licences for craft), for subsections (1) and (2) there shall be substituted —
1
Upon an application made in accordance with section 18 (Craft not to be navigated etc. in port unless licensed) of this Act the Council shall not refuse to grant a licence in respect of a vessel except on one or more of the following grounds, namely —
a
that it appears to the Council that the vessel is not in such a condition as to be able to be safely used in the City Docks;
b
that there is no suitable place available for mooring the vessel;
c
that it appears to the Council that the vessel is not intended to be used for the purposes of navigation and that its nature, appearance or condition is such that its presence or use is likely adversely to affect the amenity of the City Docks; or
d
that any fee payable in respect of the vessel under section 31 (Licence fees) of this Act in the case of a previous licence has not been paid.
2
The Council shall not revoke a licence under the said section 18 in respect of a vessel except —
a
upon one or more of the grounds specified in paragraphs (a) to (c) of subsection (1) above;
b
where any fee payable under the said section 31 in respect of the licence has not been paid within 30 days of its falling due; or
c
where it appears to the Council that there has been a failure to comply with any condition of the licence.
.
5
In section 25 (Penalty for working or navigating craft contrary to Act), in subsection (1), after the word “navigated” there shall be inserted the words “or moored”.
6
For section 31 (Licence fees) there shall be substituted —
31
The Council may demand and take reasonable fees in respect of the grant or renewal of any licences under this Part of this Act and different fees may be demanded and taken in respect of different circumstances and different classes of vessels.
.
7
References in the 1961 Act to craft shall be construed as references to vessels or a vessel, as the case may be.
Repeals
19
The enactments listed in the Schedule to this Order are hereby repealed to the extent specified in the third column of that Schedule.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
S K Reeves
Head of Ports Division
Department of the Environment, Transport and the Regions
6th May 1998


text:
Citation and commencement
1
This Order may be cited as the Financial Assistance for Environmental Purposes (No. 4) Order 1998 and shall come into force on 27th January 1999.
Variation of section 153(1) of the Environmental Protection Act 1990
2
In section 153(1) of the Environmental Protection Act 1990 (purposes for which financial assistance may be given), the following paragraph shall be inserted after paragraph (hh) :–
ii
the Convention for the Protection of the Marine Environment of the North East Atlantic.
.
Signed by authority of the Secretary of State
Michael Meacher
Minister of State,
Department of the Environment, Transport and the Regions
22nd December 1998


text:
1
These Regulations may be cited as the Merchant Shipping (Registration of Ships) (Amendment) Regulations 1998 and shall come into force on 1st January 1999.
2
The Merchant Shipping (Registration of Ships) Regulations 1993 shall be amended as follows.
3
In regulation 1(3), the following definitions shall be inserted in the appropriate alphabetical positions:
“ EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993
;
“EEA State” means a State which is a contracting party to the EEA Agreement;
; and
“non-United Kingdom nationals exercising their right of freedom of movement of workers or right of establishment” means persons who are either–
nationals of a member State other than the United Kingdom exercising in the United Kingdom their rights under Article 48 or 52 of the EEC Treaty, as the case may be, or
nationals of a State, other than a member State, which a Contracting Party to the EEA Agreement exercising in the United Kingdom their rights under Article 28 or 31 of the EEA Agreement.
.
4
In regulation 7(1)–
a
for sub-paragraph (a) there shall be substituted the following sub-paragraph:
a
i
British citizens; or
ii
non-United Kingdom nationals exercising their right of freedom of movement of workers or right of establishment;
; and
b
in sub-paragraph (f) for “member State” there shall be substituted “ EEA State”.
5
In regulation 12–
a
for sub-paragraph (a) there shall be substituted the following sub-paragraph:
a
i
British citizens; or
ii
non-United Kingdom nationals exercising their right of freedom of movement of workers or right of establishment;
.
b
in sub-paragraph (b) for “member State” there shall be substituted “ EEA State”.
6
In regulation 20(1) the words “in person or by post” shall be omitted.
7
In regulation 28–
a
the words “first” shall be omitted from the heading; and
b
the words “for the first time” shall be omitted.
8
In regulation 29, after paragraph (3) the following paragraphs shall be added:
4
Subject to paragraph (5) below, a ship which is being:
a
registered for the first time which has been surveyed or measured and its tonnage ascertained within the previous 12 months; or
b
re-registered within 12 months of its registration on the Register ceasing,
shall not be required to be surveyed or measured, or its tonnage ascertained, again in accordance with paragraphs (1) or (2) above, if a declaration is made by the owners confirming that the survey or measurement and tonnage details have not changed from those previously provided to the Registrar.
5
The Registrar may direct, if he thinks it appropriate, that such declaration be provided by an authorised measurer or surveyor.
.
9
In regulation 34(1)–
a
in sub-paragraph (a), after the words “the ship” there shall be inserted the words “or such other particulars describing the identity of the ship, as have been required by the Secretary of State.”; and
b
in the tailpiece, after “measurement” there shall be inserted “ or other details”.
10
In regulation 39, at the beginning, the words “Subject to regulation 116” shall be inserted.
11
For regulation 41 the following regulation shall be substituted:
41
1
At least 3 months (but not more than 6 months) before the expiry of the registration period the Registrar shall issue to the owner of the ship a renewal notice.
2
Subject to paragraph (3), the owner of the ship may apply for renewal of registration at any time between the date of issue of the renewal notice and the date of expiry of the current registration period.
3
Notwithstanding paragraph (2) above, an application for renewal of registration may be made prior to the last 3 months of the current registration (or issue of a renewal notice), for issue of a certificate of registry commencing prior to the expiry of the current registration period. Where such a certificate is issued it shall not be valid for a period greater than 5 years commencing on the date of issue and the previous certificate shall then cease to be valid.
.
12
In regulation 56(1), after sub-paragraph (a) the following sub-paragraph shall be inserted:
aa
if the registered owner has not notified the Registrar that ownership of the ship has changed;
.
13
After regulation 72, the following regulation shall be added:
Transfer within the Register
72A
On application being made to him, the Registrar may, after provision of such information and evidence as he may require and if he is satisfied the ship is eligible to be registered in the new Part, transfer the registration of the ship to a different Part of the Register. All entries in the Register relating to the ship (including any entries relating to mortgages) shall be transferred.
.
14
In regulation 82(2), after the words “certificate of bareboat charter ” there shall be inserted the word “registry”.
15
In regulation 83, in paragraphs (1)(b), and (4), after the words “certificate of bareboat charter” there shall be inserted in each case the word “ registry”.
16
In regulation 87:
a
in paragraph (1), after sub-paragraph (d) there shall be added the following sub-paragraph:
e
if the bareboat charter ship is a fishing vessel which requires a licence to fish but at the time of registration did not have such a licence and has not acquired such a licence within 6 months of the issue of its certificate of bareboat charter registry.
;
b
in paragraph (2), after the words “certificate of bareboat charter” there shall be inserted the word “registry”.
17
In regulation 89, for sub-paragraph (a) there shall be substituted the following sub-paragraph:
a
i
British citizens; or
ii
non-United Kingdom nationals exercising their right of freedom of movement of workers or right of establishment;
.
18
In regulation 98(1)(c), after the word “any” there shall be inserted the words “change in”.
19
In regulation 99(2), for “3 months” there shall be substituted “ 1 month”.
20
In regulation 101(1),
a
for “regulations 56(b)” there shall be substituted “regulation 56(1)(aa), (b)”.
b
for “87(b) or (d)” there shall be substituted “87(1)(b), (d) or (e)”.
21
In Part XII, after regulation 113 there shall be added the following regulation:
Transfers etc. where tonnage not in accordance with ITC 69
113A
1
Subject to paragraph (2) below, no transfer of ownership of a ship or shares in a ship, no renewal of registration, nor change of details of the ship or its owners shall be registered in respect of any ship which:
a
is required to have its tonnage measured in accordance with the International Convention on Tonnage Measurement of Ships 1969 , and
b
for which no such measurement has been undertaken and registered,
until such re-measurement takes place and where necessary the certificate of survey has been lodged with the Registrar for amendment of the Register.
2
Paragraph (1) above does not apply where the transfer, or change of details, arises by reason of the death of an owner of a ship, or a share in a ship.
.
22
In regulation 115:
a
the definition of “five year period” shall be omitted; and
b
the following definition shall be added at the end:
“transitional period” in relation to a ship means the period commencing on 21st March 1994 and ending on the date of expiry of the certificate which is specified in relation to such a ship in the table in regulation 116.
.
23
For regulation 116 there shall be substituted the following regulation:
116
Subject to regulation 116A an old certificate shall remain in force until either:
a
a new certificate is issued under these Regulations; or
b
the certificate has expired, in accordance with the following table:
Age of ship Date of expiry of certificate
Registered ships (other than those on Part II (fishing vessels) and Part III (small ships) with a year of build before: 1st January 1950 31st March 1999 1st January 1970 31st March 2000 1st January 1975 31st March 2001 1st January 1989 31st March 2002 20th March 1994 31st March 2003
whichever shall be the earlier.
.
24
After regulation 116 there shall be added the following regulation:
Continuation in force of old certificates
116A
Notwithstanding regulation 116, an old certificate shall remain in force beyond the transitional period if–
a
an application to renew the certificate has been correctly made in accordance with regulation 42 above; and
b
the Registrar has not issued a new certificate by the date of expiry of the transitional period,
but any new certificate shall commence at that date.
.
25
In regulation 118–
a
in paragraphs (1)(a), (2) and (3)(a), in each case for the words “five year period” there shall be substituted the words “transitional period ”; and
b
in paragraph (2)–
i
in sub-paragraph (a) the words “other than fishing vessels” shall be omitted; and
ii
in sub-paragraph (b) the words “fishing vessels and” shall be omitted.
26
In regulation 119–
a
in paragraph (1), for the words “five year period” there shall be substituted the words “transitional period”.
b
for paragraph (2), there shall be substituted the following paragraph:
2
At least 4 months before the expiry of each date mentioned in column 2 in the table in regulation 116 or, in the case of the first entry, as soon as practicable after the coming into force of these Regulations, the Registrar shall publicise that:
a
all certificates of registry will expire on the specified date for ships of that year of build; and
b
application for renewal must be made in accordance with regulations 41 and 42 above.
.
27
Regulation 121 shall be omitted.
28
In Schedule 2, Part 1,
a
after the name “FELIXSTOWE” there shall be inserted the name “ FISHGUARD”; and
b
after the name “POOLE” there shall be inserted the name “PORTLAND ”.
29
In Schedule 3, in paragraph 7, for the word “European” there shall be substituted the word “Arabic”.
30
In Schedule 4, in paragraph 4–
a
for sub-paragraph (b) there shall be substituted the following sub-paragraph:
b
either the IMO number or the International Standards Organisation Hull Identification Number ( HIN ), as appropriate,
.
b
for sub-paragraphs (p), (q) and (r) there shall be substituted the following sub-paragraph:
p
such of the following tonnages as are specified in the certificate of survey: gross, net and registered,
.
31
In Schedule 5–
a
in paragraph 1–
i
for sub-paragraph (c)(ii) there shall be substituted the following sub-paragraph:
ii
either the IMO number or HIN number, as appropriate.
;
ii
for sub-paragraphs (c)(xii), (xiii) and (xiv) there shall be substituted the following sub-paragraph:
xii
such of the following tonnages as are specified in the certificate of survey; gross, net and registered,
;
b
in paragraph 2, after sub-paragraph (f) there shall be added:
g
the kind of registration (i.e. whether it is full or simple registration).
; and
c
in paragraph 3, after “bareboat charter” there shall be inserted “ registry”.
Signed by authority of the Secretary of State
Glenda Jackson
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
1st December 1998


text:
1
These Regulations may be cited as the Civil Aviation (Route Charges for Navigation Services) (Second Amendment) Regulations 1998 and shall come into force on 1st January 1999.
2
The Civil Aviation (Route Charges for Navigation Services) Regulations 1997 shall be amended as follows:
1
In regulation 3(1) the definition of “ECUs” shall be omitted.
2
In regulations 5(1) and (5) and 6(1) for “ECUs” there shall be substituted “ euros”.
3
In regulation 5(4) for the figure “7.73%” there shall be substituted “ 6.75%”.
4
In regulation 6(1) and (8) for “ ECU ” there shall be substituted “ euro”.
5
For regulation (7)(v) there shall be substituted the following–
v
flights other than the flights referred to in paragraph (i) of this regulation made exclusively for the purpose of the carriage on official business of a reigning Monarch or his immediate family, a Head of State, a Head of Government or a Government Minister;
.
6
For Schedule 2 there shall be substituted the following Schedule–
SCHEDULE 2
SPECIFIED AIRSPACES
Regulations 3(1), 4(3) and 6(1)
(1) (2) (3) (4) Country Publication in which FIRs are described Unit Rate in euros Established at a rate of exchange of
*
Excluding Shanwick FIR
Austria AIP Austria 54.36 1 euro = 13.82542 Sch Belgium and Luxembourg AIP Belgique 74.87 1 euro = 40.54495 BF Bulgaria AIP Bulgaria 58.25 Croatia AIP Croatia 47.69 1 euro = 7.168122 HRK Cyprus AIP Cyprus 24.39 1 euro = 0.582691 £Cy Czech Republic AIP Czech Republic 46.00 1 euro = 35.31326 CZK Denmark AIP Denmark 51.91 1 euro = 7.488800 Kr France AIP France (France Métropolitaine) 59.60 1 euro = 6.591286 FF Germany AIP Germany 62.80 1 euro = 1.966423 DM Greece AIP Greece 19.19 1 euro = 338.3268 Dra Hungary AIP Hungary 23.23 1 euro = 254.7248 Hf Ireland, Republic of AIP Ireland 22.28 1 euro = 0.784127 £Ir Italy AIP Italy 64.74 1 euro = 1942.533 L Former Yugoslav Republic of Macedonia AIP FYROM 50.38 1 euro = 60.91920 MKD Malta AIP Malta 35.09 1 euro = 0.441917 Lm Netherlands AIP Netherlands 46.95 1 euro = 2.218255 G Norway AIP Norway 45.17 1 euro = 8.726241 KR Portugal AIP Portugal
Lisbon FIR–41.08
Santa Maria FIR–19.92
1 euro = 201.4387 Esc Romania AIP Romania 40.06 Slovakia AIP Slovakia 71.00 1 euro = 40.35945 SKK Slovenia AIP Slovenia 63.76 1 euro = 185.7728 SIT Spain AIP España
Madrid & Barcelona FIR–44.35
Canaries FIR–43.35
1 euro = 166.9189 Pts Sweden AIP Sweden 48.23 1 euro = 9.121345 SKr Switzerland AIP Switzerland 71.55 1 euro = 1.619359 SF Turkey AIP Turkey 43.99 United Kingdom United Kingdom Air Pilot* 76.89 1 euro = £0.687336
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Glenda Jackson
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
1st December 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Welwyn Hatfield (Electoral Changes) Order 1998.
2
This Order shall come into force on 6th May 1999, except that for the purpose of all proceedings preliminary or relating to an election to be held on or after that date this Order shall come into force on the day after that on which it is made.
3
In this Order–
“the district” means the district of Welwyn Hatfield;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to “the map” is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the District of Welwyn Hatfield (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 Welwyn Hatfield
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into seventeen 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 parish wards, or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of 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 Welwyn Hatfield
3
1
Subject to the following provisions of this article, the election of councillors for wards of the district shall be by thirds.
2
Elections of all councillors for wards of the district shall be held simultaneously on the ordinary day of election of councillors in 1999 .
3
The councillors holding office for any ward in the district immediately before 10th May 1999 shall retire on that date and the newly elected councillors for any such ward 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 district is two, the first to retire shall, subject to paragraphs (7) and (8) below, be the councillor elected by the smaller number of votes.
6
Where the number of councillors elected in 1999 for any ward of the district is three–
a
the first to retire shall, subject to paragraphs (7) and (8) below, be the councillor elected in that ward by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected in that ward by the next smallest number of votes.
7
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any such year, the person to retire in that year shall be determined by lot.
8
If an election of councillors for any ward is not contested, the person to retire in each such year shall be determined by lot.
9
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.
10
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 Hatfield
4
1
The existing wards of the parish of Hatfield shall be abolished.
2
The parish shall be divided into six parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the district ward specified in respect of that parish ward in column (2) of that Schedule and the number of councillors to be elected for each parish ward shall be the number specified in respect of that parish ward in column (3) of that Schedule.
Wards of the parish of North Mymms
5
1
The existing wards of the parish of North Mymms shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Brookmans Park, Little Heath and Welham Green, and the wards shall comprise the areas designated on sheet 4 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Little Heath ward shall be two and for each of the wards of Brookmans Park and Welham Green shall be four.
Revocation
6
The District of Welwyn Hatfield (Electoral Arrangements) Order 1991 and The District of Welwyn Hatfield (Electoral Arrangements) Order 1976 are hereby revoked.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
16th October 1998


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Child Care and Maintenance Rules) (Amendment No.2) 1998 and shall come into force on 1st September 1998.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of Child Care and Maintenance Rules 1997
2
1
The Act of Sederunt (Child Care and Maintenance Rules) 1997 shall be amended in accordance with the following paragraph.
2
In rule 3.59 (appeals) —
a
for paragraph (1), there shall be substituted the following: —
1
An application to the sheriff to state a case for the purposes of an appeal under section 51(11)(a) of the Act shall specify the point of law upon which the appeal is to proceed or the irregularity in the conduct of the case concerned, as the case may be.
; and
b
in paragraph (2) and (3), for the words “a note of appeal”, there shall be substituted the words “the application for a stated case”.
Revocation
3
The Act of Sederunt (Child Care and Maintenance Rules) (Amendment) 1998 is hereby revoked.
Rodger of Earlsferry
Lord President, IPD
Edinburgh
26th August 1998


text:
1
1
This Order may be cited as the Crime and Disorder Act 1998 (Commencement No. 2 and Transitional Provisions) Order 1998.
2
In this Order, “the 1998 Act ” means the Crime and Disorder Act 1998.
2
1
The following provisions of the 1998 Act shall, subject to articles 5 to 8 below, come into force on 30th September 1998–
a
sections 5 to 9 (crime and disorder strategies; parenting orders);
b
section 10(1) to (5) (appeals against parenting orders);
c
sections 11 and 12 (child safety orders);
d
section 13(1) and (2) (appeals against child safety orders);
e
sections 14 and 15 (local child curfew schemes);
f
sections 17 and 18 (duty to consider crime and disorder implications; interpretation);
g
sections 28 to 37 (racially aggravated offences; abolition of doli incapax; effect of child’s evidence at trial; abolition of death penalty for treason and piracy; aim of youth justice system);
h
section 38(4) (definition of youth justice services);
i
sections 41 and 42 and Schedule 2 (Youth Justice Board), to the extent that they are not already in force;
j
section 43(1) (time limits);
k
sections 47 and 48 (powers of youth courts; and of stipendiary magistrates to sit alone);
l
section 50 (early administrative hearings);
m
section 52(6) (indictable-only offences) and Schedule 3, for the purpose of making both regulations under paragraph 1 of that Schedule and rules which make such provision as is mentioned in paragraph 2(7) of that Schedule;
n
sections 53 to 64 and Schedule 4 (criminal justice system: miscellaneous; dealing with sexual or violent offenders; and those dependent on drugs);
o
sections 67 to 70 and Schedule 5 (reparation orders; action plan orders);
p
section 71(5) (selection of supervisor for supervision order);
q
section 72 (breach of requirements in supervision orders);
r
sections 82 and 83 (increase in sentences for racial aggravation; power to make confiscation orders on committal for sentence);
s
sections 85 to 96 and Schedule 6 (interpretation; extended sentences for sex and violent offenders in Scotland; drug treatment and testing orders in Scotland; offences racially aggravated in Scotland);
t
section 97, for the purpose of making an order under section 23 of the 1969 Act (prescribed description of children and young persons who may be remanded or committed to local authority secure accommodation);
u
section 100(1), for the purpose of making orders under section 37A of the 1991 Act (responsible officers for offenders released on licence with curfew conditions);
v
sections 101 and 102 (early release: two or more sentences; restriction on consecutive sentences for released prisoners);
w
sections 104 to 108 and Schedule 7 (release on licence following recall or return to prison; pre-consolidation amendments; amendments to Chapter I of Part II of the 1997 Act; repeal of Chapter I of Part III of the Crime and Punishment (Scotland) Act 1997 ;
x
sections 110 to 113 and 115 (calculation of period of detention at custom office etc. where person previously detained; early release in Scotland: two or more sentences; restriction on consecutive sentences for released prisoners: Scotland; deputy authorising officer under Part III of Police Act 1997; disclosure of information);
y
sections 118 and 119 and the provisions of Schedule 8 mentioned in paragraph (2) below (provision for Northern Ireland; minor and consequential amendments);
z
section 120(1) and paragraphs 1 to 4, 6, 8, 11, 12(1) and (3) to (9), and 13 to 15 of Schedule 9 (transitional provisions and savings); and
aa
section 120(2) and Schedule 10 so far as they repeal the provisions mentioned in paragraph (3) below (repeals).
2
The provisions of Schedule 8 referred to in paragraph (1)(y) above are–
a
paragraph 2;
b
paragraph 4;
c
paragraph 9(1)(b);
d
paragraph 10(a);
e
paragraph 11;
f
paragraph 13;
g
paragraph 16;
h
paragraph 18;
i
paragraphs 20 and 21;
j
paragraph 24;
k
paragraph 30;
l
paragraph 34(1) and (2);
m
paragraph 38;
n
paragraph 40(1);
o
paragraphs 42 and 43;
p
paragraphs 46 and 47;
q
paragraph 50(5);
r
paragraphs 53 and 54;
s
paragraphs 56 to 60;
t
paragraph 62;
u
paragraphs 68 to 72;
v
paragraphs 74 and 75;
w
paragraph 77(b);
x
paragraph 78(a) and (c);
y
paragraphs 79 to 82;
z
paragraph 83(1)(a) and (4) to (6);
aa
paragraphs 84 and 85;
bb
paragraph 87;
cc
paragraph 88(1), (2) and (3)(b);
dd
paragraph 89;
ee
paragraphs 91 and 92;
ff
paragraphs 96(1) to (5) and (7);
gg
paragraphs 97 and 98;
hh
paragraphs 100 to 108;
ii
paragraph 113;
jj
paragraphs 115 and 116;
kk
paragraphs 118 to 124;
ll
paragraph 130;
mm
paragraph 131(3);
nn
paragraphs 132 to 134;
oo
paragraph 135(1), (2)(b) and (3) to (8); and
pp
paragraphs 136 to 143.
3
The provisions which are referred to in paragraph (1)(aa) above are the entries in Schedule 10 to the 1998 Act relating to–
a
the Treason Act 1790 ;
b
the Treason Act 1795 ;
c
the Treason by Women Act (Ireland) 1796 ;
d
the Treason Act 1817 ;
e
the Treason Felony Act 1848 ;
f
the Sentence of Death (Expectant Mothers) Act 1931 ;
g
the 1933 Act;
h
the Criminal Justice Act (Northern Ireland) 1945 ;
i
section 56(3) and (13) of the Criminal Justice Act 1967 ;
j
the Criminal Appeal Act 1968 ;
k
the 1969 Act;
l
the Criminal Justice Act 1972 ;
m
sections 1B, 1C, 11, 14, 31 and 32 of, and Schedules 1A and 5 to, the 1973 Act, and the words from “For the purposes” to “available evidence” in section 2(1) of that Act;
n
the Bail Act 1976 ;
o
sections 38, 38A and 108 of, and Schedule 7 to, the 1980 Act;
p
sections 3, 18, 19 and 66 of, and Schedule 14 to, the 1982 Act;
q
the Family Law Reform Act 1987 ;
r
the Criminal Justice Act 1988 ;
s
the Prisons (Scotland) Act 1989 ;
t
sections 6, 33 and 37(4) of, and Schedules 2 and 11 to, the 1991 Act;
u
the Prisoners and Criminal Proceedings (Scotland) Act 1993 ;
v
sections 35 and 130(4) of the 1994 Act;
w
the Criminal Procedure (Scotland) Act 1995 ;
x
sections 1, 8, 10 to 27, 35, 43 and 54 of, and Schedules 1, 2, 4, 5 and 6 to, the 1997 Act;
y
the Crime and Punishment (Scotland) Act 1997; and
z
the Police Act 1997 .
3
1
The following provisions of the 1998 Act shall, subject to article 9 below, come into force on 30th September 1998 in the areas specified in Schedule 1 to this Order–
a
sections 38(1) to (3) and (5), 39 and 40 (youth justice services; youth offending teams; and youth justice plans);
b
paragraphs 17, 19, 23, 26, 27, 32, 33, 34(3), 73, 76, 77(a), 94, 95, 96(6) and 131(1) and (2) of Schedule 8; and
c
the entries in Schedule 10 relating to the words “by a probation officer” in section 2(1) of the 1973 Act and to section 31(2) of the 1997 Act.
2
Section 46 (date of first court appearance in bail cases) and, to the extent that it is not already in force, section 49 (powers of magistrates' courts exercisable by single justice etc.) of the 1998 Act shall come into force on 30th September 1998 in the areas specified in Schedule 2 to this Order.
3
Sections 65 and 66 of, and paragraphs 25 and 61 of Schedule 8 and paragraph 5 of Schedule 9 to, the 1998 Act (reprimands and warnings) shall come into force on 30th September 1998 for the purpose of warning a person under section 65 in any area specified in Schedule 3 to this Order.
4
1
The following provisions of the 1998 Act shall come into force on 1st December 1998–
a
sections 2 and 3 (sex offender orders);
b
section 4 (appeals against orders), so far as relating to a sex offender order;
c
section 16 (removal of truants to designated places etc.);
d
section 20 (sex offender orders);
e
section 21 (procedural provisions with respect to orders), but only for the purposes of sex offender orders made under section 20 of the 1998 Act and orders made under section 20(4)(a) of that Act;
f
in section 22 (offences in connection with breach of order), subsections (6) and (7) and, for the purposes of their application to an order under section 20(4)(a) of the 1998 Act and to a sex offender order made under section 20 of that Act, subsections (1) to (5);
g
section 23 (anti-social behaviour as ground of eviction);
h
section 24 (noise-making equipment: police power of seizure);
i
sections 25 to 27 (powers to require removal of masks etc ; retention and disposal of things seized; power of arrest for failure to comply with requirement);
j
Schedule 1 (Schedule 2A to the Civic Government (Scotland) Act 1982 ); and
k
paragraph 36 of Schedule 8.
2
The following provisions of the 1998 Act shall come into force on 4th January 1999 for the purpose of sending any person for trial under section 51 of that Act from any area specified in Schedule 2 to this Order–
a
section 51 and, to the extent that it is not already in force, section 52 (no committal proceedings for indictable-only offences etc.);
b
Schedule 3, to the extent that it is not already in force;
c
paragraphs 3, 5(1)(a) and (2), 8, 12, 28, 29, 37, 40(2), 44, 45, 48, 49, 52(2), 63 to 67, 93 and 125(a), 126, 127(a), 128 and 129 of Schedule 8; and
d
in Schedule 10, the entries relating to sections 125 and 126 of the 1980 Act.
5
1
In relation to any time before the commencement of sections 38 to 40 of the 1998 Act in an area not specified in Schedule 1 to this Order–
a
subsection (4A) of section 37 of the 1991 Act (as inserted by paragraph 83(5) of Schedule 8 to the 1998 Act) shall have effect as if paragraph (b) of that subsection and the word “or” immediately preceding it were omitted; and
b
section 31(6) of the 1997 Act (as amended by paragraph 131(3) of Schedule 8 to the 1998 Act) shall have effect as if the words “and for the words “the words in parentheses” there shall be substituted the words “subsection (2A) above”” were omitted.
2
In relation to any time before the commencement of sections 75 to 77 of the 1998 Act–
a
section 55(1A)(d) of the 1933 Act (as inserted by paragraph 2 of Schedule 8 to the 1998 Act) shall have effect as if the words “section 77(3) of the Crime and Disorder Act 1998 (breach of requirements of supervision under detention and training order) or” were omitted;
b
section 31(1) of the 1991 Act (as amended by paragraph 78(a) and (c) of Schedule 8 to the 1998 Act) shall have effect as if the definition of a detention and training order were omitted;
c
paragraphs 8(2) and 9(2) of Schedule 1 to the 1997 Act (as amended by paragraph 135(3)(a) and (4)(b) of Schedule 8 to the 1998 Act) shall have effect as if the words “and sections 75 to 77 of the Crime and Disorder Act 1998” were omitted; and
d
paragraphs 8(4) and 9(4) of Schedule 1 to the 1997 Act (as amended by paragraphs 135(3)(b) and (4)(c) of Schedule 8 to the 1998 Act) shall have effect as if the words “and sections 76 and 77 of the Crime and Disorder Act 1998” were omitted.
3
In relation to any time before the commencement of sections 99 and 100 of the 1998 Act–
a
section 2(4)(b)(i) of the Repatriation of Prisoners Act 1984 (as substituted by paragraph 56 of Schedule 8 to the 1998 Act) shall have effect as if the words “, 33A(2), 34A(3)” were omitted;
b
paragraph 2(4) of Schedule 2 to the Repatriation of Prisoners Act 1984 (as substituted by paragraphs 58(2) and 59(3) of Schedule 8 to the 1998 Act) shall have effect as if the words “ 33A(2), 34A(3),” were omitted;
c
section 33A of the 1991 Act (as inserted by paragraph 81 of Schedule 8 to the 1998 Act) shall have effect as if–
i
in subsection (1)(b), the words “34A(3) or” were omitted;
ii
in subsection (1)(b), the words “38A(1) or” or, as that subsection has effect by virtue of paragraph 12(4) of Schedule 9 to the 1998 Act, “or 38A(1)” were omitted; and
iii
subsection (2) were omitted;
d
section 37 of the 1991 Act (as amended by paragraph 83(1)(a) and (4) to (6) of Schedule 8 to the 1998 Act) shall have effect as if–
i
in subsection (1), the words “, (1B)” were omitted; and
ii
in subsection (4A), the words “may in the case of a person released on licence under section 34A above whose sentence is for a term of less than twelve months, and” and “in any other case,” were omitted; and
e
section 45 of the 1991 Act (as amended by paragraph 88(1), (2) and (3)(b) of Schedule 8 to the 1998 Act) shall have effect as if, in subsection (1), the words “34A,” were omitted.
6
1
Paragraphs 2(4) and 30(2) of Schedule 7 to the 1998 Act shall not apply in relation to an offender committed to (but not sentenced by) the Crown Court before 30th September 1998.
2
Neither paragraph 17 of Schedule 7, nor the repeal of section 11 of the 1973 Act by Schedule 10, to the 1998 Act shall affect the operation of an order made under that section before 30th September 1998.
3
Paragraphs 37(2) and (3) and 38(3) of Schedule 7 to the 1998 Act shall not apply in relation to attendance centre orders made before 30th September 1998.
4
In paragraph 46 of Schedule 7 to the 1998 Act–
a
sub-paragraph (1) shall not apply in relation to any proceedings under Schedule 2 to the 1991 Act which have been begun before 30th September 1998; and
b
sub-paragraphs (2) and (8) shall not apply where the breach of the relevant order occurred before 30th September 1998.
7
1
The amendment of section 1(2) of the 1993 Act made by paragraph 98(2) of Schedule 8 to the 1998 Act shall not have effect in relation to any person whose licence under Part I of the 1993 Act has been revoked under section 17 of that Act before 30th September 1998.
2
The amendment of section 5 of the 1993 Act made by paragraph 100 of Schedule 8 to the 1998 Act shall apply where one or more of the terms of imprisonment or detention was passed on or after 30th September 1998.
3
The amendment of section 7 of the 1993 Act made by paragraph 101(a) of Schedule 8 to the 1998 Act shall not have effect in relation to any child whose licence under Part I of the 1993 Act has been revoked under section 17 of that Act before 30th September 1998.
4
The repeal of subsections (3)(b) and (4) of section 11 of the 1993 Act made by paragraph 102 of Schedule 8 and Schedule 10 to the 1998 Act and the repeal of paragraph (b) of subsection (7) of section 16 of the 1993 Act made by paragraph 104(3) of Schedule 8 and Schedule 10 to the 1998 Act shall not have effect in relation to any person who is subject to an order under section 16(2) or (4) of the 1993 Act which was made before 30th September 1998.
8
1
Where a person is sentenced for a sexual offence within the meaning of Part I of the 1991 Act which was committed before 30th September 1998, the substitution of section 44 of that Act by section 59 of the 1998 Act shall not have effect and, in relation to such a person, neither paragraph 103 of Schedule 8, nor the repeal of section 14(2) and (3) of the 1993 Act by Schedule 10, to the 1998 Act shall have effect.
2
The amendments made to section 209 of the Criminal Procedure (Scotland) Act 1995 by paragraphs (b) and (c) of section 86(2) of the 1998 Act shall not apply in relation to a person who is convicted of an offence which was committed before 30th September 1998.
9
Nothing in article 3(1) above shall require the local authority in an area specified in Schedule 1 to this Order, acting under section 38(1) of the 1998 Act, to secure that the youth justice service mentioned in subsection (4)(c) of that section (support for children and young persons remanded or committed on bail while awaiting trial or sentence) is available in their area.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
19th September 1998


text:
1
This Order may be cited as the Northern Ireland (Sentences) Act 1998 (Commencement) Order 1998.
2
The Northern Ireland (Sentences) Act 1998 shall come into force on the making of this Order.
Marjorie Mowlam
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
28th July 1998


text:
1
1
This Order may be cited as the Combined Probation Areas (Leicestershire) Order 1998.
2
This Order shall come into force on 1st January 1999 save that, for the purposes of making appointments to the probation committee for Leicestershire to take effect on that date, this Order shall come into force forthwith.
2
For that part of Schedule 2 to the Combined Probation Areas Order 1986 which relates to the Leicestershire Area , there shall be substituted the following–
(1) (2) (3) Petty Sessions Area Probation Area Number of Justices on Probation Committee
Ashby de la Zouch Leicestershire 1 Leicester 5 Loughborough 1 Market Bosworth 1 Market Harborough & Lutterworth 1 Melton, Belvoir & Rutland 2
Gareth Williams
Minister of State
Home Office
16th December 1998


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


text:
1
This Order may be cited as the Transfer of Prisoners (Restricted Transfers) (Channel Islands and Isle of Man) Order 1998 and shall come into force on 18th December 1998.
2
The provisions specified in Schedule 1 to this Order shall apply in relation to restricted transfers under Part I of Schedule 1 to the Crime (Sentences) Act 1997 between the various parts of the United Kingdom and the Channel Islands, and between those parts and the Isle of Man.
3
The transitional provisions in Schedule 2 to this Order shall have effect.
4
In the Schedules to this Order —
“ Guernsey ” means the Bailiwick of Guernsey;
“ Jersey ” means the Bailiwick of Jersey;
“ the Act ” means the Crime (Sentences) Act 1997;
“the 1991 Act ” means the Criminal Justice Act 1991 ;
“the 1993 Act ” means the Prisoners and Criminal Proceedings (Scotland) Act 1993 ;
“the 1998 Act ” means the Crime and Disorder Act 1998.
5
The Transfer of Prisoners (Restricted Transfers) (Channel Islands and Isle of Man) Order 1997 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 Isle of Wight Healthcare National Health Service Trust (Transfer of Trust Property) Order 1998 and shall come into force on 24th February 1998.
2
In this Order —
“the Authority” means the Isle of Wight Health Authority, established on 1st April 1996 ;
“the Trust” means the Isle of Wight Healthcare National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by, agreed upon by and signed on behalf of the Authority and the Trust on 19th September 1997.
Transfer of trust property
2
On 24th February 1998 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,
Department of Health
27th January 1998


text:
Title and commencement
1
This Order may be cited as the Specified Animal Pathogens Order 1998 and shall come into force on 1st April 1998.
Extension of the definition of “animal”, “poultry” and “disease”
2
For the purposes of the Animal Health Act 1981 in relation to this Order —
a
the definition of “animal” is hereby extended so as to comprise any kind of mammal except man, and any kind of four-footed beast which is not a mammal;
b
the definition of “poultry” is hereby extended so as to comprise any species of bird;
c
the definition of “disease” is hereby extended so as to comprise any disease of animals and poultry which may be caused by one or more specified animal pathogens.
Interpretation
3
1
In this Order, unless the context otherwise requires —
“animal” includes poultry;
“carrier” means any living creature except man which may carry or transmit a specified animal pathogen or the tissue, cell culture, body fluid, excreta, carcase or part of a carcase of such creature by or by means of which a specified animal pathogen may be transmitted;
“specified animal pathogen” means an animal pathogen listed in the Schedule to this Order, including —
intact pathogens;
pathogens which have been attenuated or genetically modified by any means, and
any nucleic acid derived from an animal pathogen listed in the Schedule which could produce that pathogen when introduced into a biological system in which the nucleic acid is capable of replicating.
2
A licence or notice issued under this Order shall be in writing, may be subject to conditions and may be modified, suspended or revoked by notice in writing served on the licensee or recipient of the original notice at any time.
Prohibitions in relation to specified animal pathogens
4
1
Subject to article 5 below, no person shall have in his possession any specified animal pathogen in Part I of the Schedule to this Order, or any carrier in which he knows such a pathogen is present, except under the authority of a licence issued by the appropriate Minister.
2
Subject to article 5 below, no person shall deliberately introduce into any animal any specified animal pathogen in the Schedule to this Order except under the authority of a licence issued by the appropriate Minister.
3
If any person has in his possession any thing in which he has reasonable grounds for suspecting that a specified animal pathogen in Part I of the Schedule to this Order is present, and does not have a licence in respect of that pathogen he shall forthwith notify a veterinary inspector.
Exceptions
5
1
Article 4 above shall not apply to any person who is transporting a pathogen or carrier and who does not own or have any rights in that pathogen or carrier.
2
Article 4 above shall not apply in relation to any pathogen or carrier contained in a product —
a
permitted to be placed on the market under the Marketing Authorisations for Veterinary Medicinal Products Regulations 1994 or the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994 ;
b
licensed in accordance with the provisions of section 7(2) of the Medicines Act 1968 ; or
c
in respect of which an animal test certificate has been issued in accordance with the provisions of section 32 of that Act.
Powers of inspectors
6
1
Where an inspector has reasonable grounds for suspecting that a specified animal pathogen or a carrier is in the possession of a person who does not hold a licence permitting work with that pathogen in contravention of this Order or in contravention of a condition of a licence granted under this Order he may at any time seize, or cause to be seized, such pathogen, carrier or any material in which he reasonably suspects such pathogen to have been kept or into which he reasonably suspects it to have been introduced.
2
A veterinary inspector may, if he considers it expedient to do so for the purpose of preventing the introduction or spreading of disease into or within Great Britain, detain, treat or destroy any pathogen, carrier or material seized under paragraph (1) above.
3
A veterinary inspector may, by notice in writing served upon the occupier of any premises (including a dwelling house), or upon the owner or person in charge of any vehicle by which any specified pathogen, carrier or material is or has been present in contravention of this Order or of a licence issued under it, require the person on whom the notice was served to cleanse and disinfect such premises, place or vehicle in such manner as he may by such notice specify at the expense of the person on whom the notice is served.
4
Where the requirements of a notice served under paragraph (3) above have not been complied with, a veterinary inspector may carry out or cause to be carried out the cleansing and disinfection specified in the notice at the expense of the person on whom the notice has been served.
Production of licences
7
Any person acting under the authority of a licence shall produce it on demand to a veterinary inspector, officer of the appropriate Minister or an inspector of the local authority and allow a copy of it to be taken and shall, if required by that person, furnish his name and address.
Enforcement
8
This Order shall be enforced by the local authority.
Revocation and transitional provision
9
1
The Specified Animal Pathogens Order 1993 is revoked.
2
Any notice or licence issued under the Specified Animal Pathogens Order 1993 shall continue to have effect as if made under the equivalent provision of this Order.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
17th February 1998
Sewel
Parliamentary Under Secretary of State, Scottish Office
19th February 1998
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
27th February 1998


text:
Citation and commencement
1
This Order may be cited as the Yorkshire Ouse (Pilotage Powers) Order 1998 and shall come into force on 22nd June 1998.
Interpretation
2
In this Order —
“the Board” means the British Waterways Board;
“the harbour” means the navigation area described in the Act entitled “An Act for improving the Navigation of the River Ouze, in the County of York”.
Application of the Pilotage Act 1987
3
1
The Board shall be a competent harbour authority for the purposes of the Pilotage Act 1987.
2
References in the Pilotage Act 1987 to the harbour authority’s harbour in their application to the Board’s harbour shall be taken as references to the area within the harbour which comprises the waters of the river Ouse bounded by —
a
an imaginary straight line drawn across the river Ouse at a distance of 91.44 metres below and parallel to the south side of the bridge known as Skelton or Hook Railway Bridge at latitude 53°42'. 7 N; and
b
an imaginary straight line running West across the river Ouse at latitude 53°47'. 5 N at Barlby.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Glenda Jackson
Parliamentary Under Secretary of State
Department of the Environment, Transport and the Regions
18th May 1998


text:
1
This Instrument may be cited as “the Lancaster City Council (The River Lune Millennium Bridge) Scheme 1998 Confirmation Instrument 1998” and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
2
The Lancashire City Council (River Lune Millennium Bridge) Scheme 1998 (“the Scheme”) is hereby confirmed with modifications.
3
The Scheme as confirmed is set out in the Schedule hereto (including the plan) and copies of the Scheme with its accompanying plan as modified are deposited at the offices of the Department of the Environment, Transport, and the Regions, Great Minster House, 76 Marsham Street, LONDON SW1P 4DR; at the offices of Lancaster City Council at the Town Hall, Morecambe; and at the Town Hall, Lancaster.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Dr D. R. Dobbie
Regional Director
Government Office for the North East
10th December 1998


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


text:
1
This Order may be cited as the Education (Funding for Teacher Training) Designation Order 1998 and shall come into force on 1st March 1998.
2
The following are hereby designated as institutions eligible for funding under Part 1 of the Education Act 1994: —
a
Business in the Community.
b
The Marches Consortium Limited.
c
Max Gate Consultancy Limited.
d
Somerset County Council.
Estelle Morris
Parliamentary Under Secretary of State,
Department for Education and Employment
3rd February 1998


text:
Citation and commencement
1
This Order may be cited as the Inverclyde (Electoral Arrangements) Order 1998 and shall come into force on 1st January 1999.
Interpretation
2
In the Schedule to this Order–
a
a reference to–
i
an electoral ward is a reference to that electoral ward as constituted in this Order; and
ii
a road, footpath, railway line, river, burn or canal shall, where the context so admits, be construed as a reference to the centre line of the feature concerned; and
b
the following abbreviations are used:–
“EW” for electoral ward;
“NG Ref” for National Grid Reference as published on Ordnance Survey Maps.
Electoral arrangements
3
The area of Inverclyde Council shall be divided into 20 wards, having the contents and boundaries set forth in the Schedule to this Order.
Henry B McLeish
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
25th November 1998