text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Pontypridd and Rhondda National Health Service Trust (Establishment) Order 1998 and shall come into force on 4th January 1999.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 4th January 1999;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means Pontypridd and Rhondda 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 Pontypridd and Rhondda National Health Service Trust or Ymddiriedolaeth Gwasanaeth Iechyd Gwladol Pontypridd a Rhondda.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1) of the Act.
2
The trust’s functions shall be —
a
to own and manage pursuant to section 5(1)(a) of the Act —
i
East Glamorgan General Hospital, Church Village, Pontypridd CF38 1AB,
ii
Llwynypia Hospital, Llywnypia, Rhondda CF40 2LX,
and associated hospitals and premises, and there to provide and manage hospital accommodation and services and community health services; and
b
to provide and manage pursuant to section 5(1)(b) of the Act hospital accommodation and services at Royal Glamorgan Hospital, Ynysmaerdy, Llantrisant CF7 8XR.
Directors of the trust
4
The trust shall have, in addition to the chairman, 6 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 the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
Bro Taf Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (2) of this article.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
16th December 1998


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Finance Act 1995, Section 139(3), (Appointed Day) Order 1998.
2
The day appointed for the purposes of sub-paragraphs (2) and (3)(b) of paragraph 3 of Schedule 27 to the Finance Act 1995 is 23rd November 1998.
3
The day appointed for the purposes of paragraphs 1, 2, 3(1) and 4 to 7 of Schedule 27 to the Finance Act 1995 is 1st August 1999.
4
Certificates under section 561 of the Income and Corporation Taxes Act 1988 which have been issued or renewed before the date on which this Order is made, for periods ending on or after the day appointed in paragraph 3 of this Order, shall cease to have effect at the end of the day preceding that appointed day.
Jane Kennedy
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd October 1998


text:
Citation and commencement
1
These Regulations may be cited as the Individual Savings Account (Amendment) Regulations 1998 and shall come into force on 6th April 1999.
Interpretation
2
In these Regulations–
“the principal Regulations ” means the Individual Savings Account Regulations 1998 ;
“regulation”, except in regulation 13, means a regulation of the principal Regulations;
“gain” has the same meaning as in section 541 of the Income and Corporation Taxes Act 1988 .
Amendments to the principal Regulations
3
1
Regulation 2 shall be amended as follows.
2
In paragraph (1)(a)–
a
after the definition of “deposit-taker” there shall be inserted–
“the Director of Savings” has the same meaning as in the National Debt Act 1972
;
b
in the definition of “gilt-edged securities” for “paragraph 1” there shall be substituted “paragraphs 1 and 1A”;
c
in the definition of “notice”, for the words “regulation 9(3) and (7)” there shall be substituted the words “regulations 9 and 36”;
d
in the definition of “security”, for “8(2)(e)” there shall be substituted “7(2)(c) to (cb) and (8)(b), 8(2)(e) and (f)”.
3
In paragraph (1)(b)–
a
after the definition of “authorised unit trust” there shall be inserted–
“the first condition”, and references to the terms of a scheme complying with that condition, mean that the terms of the scheme do not permit any of the investments subject to the trusts of the scheme to consist of units in authorised unit trusts or parts of umbrella schemes which are not securities funds or warrant funds, or of shares in open-ended investment companies or parts of umbrella companies which are not securities companies or warrant companies;
“the second condition”, and references to the terms of a scheme complying with that condition, mean that the terms of the scheme only permit any of the investments subject to the trusts of the scheme to consist of units or shares in–
a collective investment scheme which is a “recognised scheme” by virtue of section 87 or 88 of the Financial Services Act 1986 , or
a part of a scheme mentioned in paragraph (i) which would be a part of an umbrella company, or a part of an umbrella scheme, if the definitions of “umbrella company”, “umbrella scheme” and a part thereof in either case applied to a scheme mentioned in paragraph (i),
where the terms of the scheme mentioned in paragraph (i) identify that scheme, or the part thereof, as the case may be, as a scheme or part that would belong to one of the categories of securities fund, warrant fund, securities company or warrant company, if that scheme or part, as the case may be, were independently an authorised unit trust or an open-ended investment company in respect of which an authorisation order made by the Financial Services Authority was in force;
;
b
in the definition of “fund of funds”, for the words from “do not permit” to the end there shall be substituted the words “comply with the first condition and the second condition.”;
c
for the definition of “relevant UCITS ” there shall be substituted–
a “relevant UCITS” means–
a UCITS, situated in a member state other than the United Kingdom, which has been authorised by the competent authorities of the member state in which it is situated, and which is a “recognised scheme” by virtue of section 86 of the Financial Services Act 1986 , and
a part of a UCITS mentioned in paragraph (i), which would be a part of an umbrella company, or a part of an umbrella scheme, if the definitions of “umbrella company”, “umbrella scheme” and a part thereof in either case applied to a relevant UCITS,
where the terms of the UCITS mentioned in paragraph (i) identify that UCITS, or the part thereof, as the case may be, as a scheme or part that would belong to one of the categories of securities fund, warrant fund, securities company or warrant company, if that UCITS or part, as the case may be, were independently an authorised unit trust or an open-ended investment company in respect of which an authorisation order made by the Financial Services Authority was in force;
.
4
In regulation 6(4)(ii) for the references to “National Savings” there shall be substituted references to “the Director of Savings”.
5
1
Regulation 7 shall be amended as follows.
2
In paragraph (2) for sub-paragraph (c) there shall be substituted–
c
gilt-edged securities which satisfy the condition specified in paragraph (12);
ca
any securities issued by or on behalf of a government of any EEA State, which satisfy the condition specified in paragraph (12);
cb
any securities which–
i
in relation to a security mentioned in sub-paragraph (ca), would be a strip of that security if “strip” had the same meaning as in section 47 of the Finance Act 1942 , with the omission of the words “issued under the National Loans Act 1968 ”, and
ii
satisfy the condition specified in paragraph (12);
.
3
In paragraph (8) for the words from “securities which” to “paragraph (6)” there shall be substituted–
either–
securities which would not be qualifying securities, or
securities which would not fall within any of sub-paragraphs (c) to (cb) of paragraph (2),
if paragraph (6), or paragraph (6) as it applies with the modifications in paragraph (12), as the case may be,
.
4
After paragraph (11) there shall be inserted–
12
The condition specified in this paragraph is the condition specified in paragraph (6), omitting sub-paragraph (b) of that paragraph and the word “or” after sub-paragraph (a).
6
In regulation 8(2) for sub-paragraphs (d) and (e) there shall be substituted–
d
units in a fund of funds, within the meaning given in regulation 2(1)(b), with the modification that, for the words “comply with” to the end, there are substituted the words “permit the investments subject to the trusts of the scheme to consist only of units in money market funds”;
e
such investment deposits with the National Savings Bank which, according to the terms and conditions subject to which they are made, are expressly permitted to be held under a cash component of an account;
f
any securities issued under the National Loans Act 1968–
i
for the purpose of or in connection with raising money under the auspices of the Director of Savings within the meaning of section 11(1)(a) of the National Debt Act 1972, and
ii
other than national savings certificates, premium savings bonds, national savings stamps and national savings gift tokens,
which, according to the terms and conditions subject to which they are issued and purchased, are expressly permitted to be held under a cash component of an account.
7
1
Regulation 9 shall be amended as follows.
2
In paragraph (3)(b)(ii) for the words from “the policy” where they secondly appear to the end there shall be substituted the words “it comes to the notice of the account manager, in any manner, that either of the events specified in paragraph (8) has occurred in relation to the policy;”.
3
For paragraph (7), the following paragraphs shall be substituted–
7
Where either of the events specified in paragraph (8) occurs in relation to a policy, the policy shall nevertheless be treated, for the purposes of these Regulations, excepting paragraphs (3)(b)(ii) and (8) and regulation 36, as if it had satisfied the conditions in paragraph (3)(b)(i) during the period–
a
commencing at the time at which the specified event occurred, and
b
ending immediately before–
i
the end of the final year in relation to the policy, within the meaning of section 546(4) of the Taxes Act , or
ii
the time at which the specified event came to the notice of the account manager,
whichever first occurs (the “termination event”).
8
The events specified in this paragraph are–
a
that the policy has ceased to be one in respect of which the conditions in paragraph (3)(b)(i) are satisfied; and
b
that those conditions were not satisfied in relation to the policy at the date on which the insurance was made.
9
Where–
a
it comes to the notice of the account manager, in any manner, that an event specified in paragraph (8) has occurred in relation to a policy, and
b
the account manager is not the insurer for the time being responsible for the obligations under the policy or, where the policy is not still in existence, the person who was the last such insurer,
the account manager shall, within 30 days of the event coming to his notice, give notice to that insurer, specifying the event mentioned in sub-paragraph (a), and the termination event.
8
In regulation 14(2)(b)(iii) for the words “National Savings” there shall be substituted the words “the Director of Savings”.
9
In regulation 25(5) at the end there shall be added the words “except in so far as regulation 26(2) requires a return of all sums of interest referred to in regulation 23(2)(a) and any gain treated as arising in accordance with regulation 36(3)(a) or (b)”.
10
In regulation 26(2) after “regulation 23(2)(a)” where it first appears there shall be inserted the words “and any gain treated as arising in accordance with regulation 36(3)(a) or (b)”.
11
In regulation 35(6) at the end there shall be added the words “but this paragraph is without prejudice to the operation of section 552(1) in a case to which paragraph (1) of regulation 36 applies”.
12
After regulation 35 the following regulation shall be inserted–
Application of the provisions of Chapter II of Part XIII of the Taxes Act to policies where an investor ceases to be or was not entitled to relief from tax
36
1
This paragraph applies to a case where–
a
an event specified in regulation 9(8) has occurred in relation to a policy of life insurance, and
b
a termination event within the meaning given by regulation 9(7) occurs in relation to that policy.
2
Where–
a
there is a case to which paragraph (1) applies, and
b
a chargeable event in relation to the policy, within the meaning given by section 540 of the Taxes Act , has occurred prior to the time at which the termination event mentioned in paragraph (1)(b) occurs,
the account investor shall cease to be, and shall be treated as not having been, entitled to relief from tax under regulation 22(1)(a)(v), in respect of gains treated as arising on the occurrence of any chargeable event mentioned in sub-paragraph (b).
3
The provisions of Chapter II of Part XIII of the Taxes Act shall apply, in a case to which paragraph (1) applies, to–
a
the termination event mentioned in paragraph (1)(b), and
b
any chargeable event mentioned in paragraph (2)(b),
with the modifications provided for in regulation 35(7) and paragraphs (4) to (7) of this regulation, and the account investor and the account manager shall account to the Board in accordance with this regulation for tax from which relief under regulation 22(1)(a)(v) has been given on the basis that the account investor was so entitled, or in circumstances such that the account investor was not so entitled.
4
In section 547(5) of the Taxes Act , for the words after “total income” (where it first appears) there shall be substituted the words “that gain shall be chargeable to tax under Case VI of Schedule D”.
5
Relief under section 550 of the Taxes Act shall be computed as if paragraph (4) had not been enacted.
6
In section 552(1) of the Taxes Act–
a
after the words “notification thereof” there shall be added the words “or, if it is an event specified in regulation 9(8) or a termination event, within three months of their receiving written notification or actual notice thereof”;
b
in paragraph (a) for the words “policy holder” there shall be substituted the words “account investor”.
7
After section 552(6) of the Taxes Act there shall be inserted–
7
In this section “account investor” and “termination event” have the same meanings as in the Individual Savings Account Regulations 1998 and “regulation” means a regulation of those Regulations.
8
The account manager shall account for and pay income tax at the basic rate in force for the year of assessment in which the termination event, or the chargeable event mentioned in paragraph (2)(b), occurred, as the case may be, and any amount so payable–
a
may be set off against any repayment in respect of tax due under regulation 25 or regulation 26 and, subject thereto,
b
shall be treated as an amount of tax due not later than 6 months after the end of the year in which the event specified in regulation 9(8) came to the notice of the account manager, and
c
shall be payable without the making of an assessment.
9
Where tax is charged in accordance with paragraph (3)(a) or (b)–
a
an assessment to income tax at the basic rate in force for the relevant year of assessment may be made on the account manager or on the account investor, and
b
an assessment to income tax at the higher rate within the meaning of section 832(1) of the Taxes Act , for that year of assessment, may be made on the account investor,
within five years after the 31st January next following that year of assessment, and regulation 28 shall not apply.
Amendment to the Individual Savings Account (Insurance Companies) Regulations 1998
13
The regulation inserted by regulation 25(5) of the Individual Savings Account (Insurance Companies) Regulations 1998 as regulation “31” shall be renumbered “30A”.
Jane Kennedy
David Jamieson
Two of the Lords Commissioners of Her Majesty’s Treasury
17th December 1998


text:
1
These Regulations may be cited as the Railways (Amendment) Regulations 1998 and shall come into force on 27th June 1998.
2
1
Regulation 21 of the Railways Regulations 1998 shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (2) after “After subsection (1)” insert “of section 6”.
3
In paragraph (4) for “of section 6 there shall be inserted” substitute “of that section insert”.
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
22nd June 1998


text:
1
This Order may be cited as the Retirement Benefits Schemes (Indexation of Earnings Cap) Order 1998.
2
The figure specified in this Order, which is the figure found for the year of assessment 1998–99, for the purposes of section 590C of the Income and Corporation Taxes Act 1988, by virtue of subsections (4) and (5) of that section, is £87,600.
Graham Allen
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
17th March 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of East Lindsey (Electoral Changes) Order 1998.
2
This Order shall come into force for all purposes on 6th May 1999, except that for the purpose of all proceedings preliminary or relating to an election to be held on or after that date this Order shall come into force on 10th October 1998.
3
In this Order —
“the district” means the district of East Lindsey;
“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 East Lindsey (Electoral Changes) Order 1998”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of East Lindsey
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into forty eight wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes, or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or other similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Louth
3
1
The existing wards of the parish of Louth shall be abolished.
2
The parish shall be divided into seven parish wards which shall bear the names North Holme, Priory, St James', St Margaret's, St Mary's, St Michael’s and Trinity and each parish ward shall comprise the area of the ward of the district bearing the same name.
3
The number of councillors to be elected for each parish ward shall be three.
Wards of the parish of Mablethorpe and Sutton
4
1
The existing wards of the parish of Mablethorpe and Sutton 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 2; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule and the number of councillors to be elected for each parish ward shall be three.
Wards of the parish of Skegness
5
1
The existing wards of the parish of Skegness shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names St Clement's, Seacroft, Scarbrough and Winthorpe and each parish ward shall comprise the area of the ward of the district bearing the same name.
3
The number of councillors to be elected for each parish ward shall be five.
Wards of the parish of Belchford and Fulletby
6
The number of councillors to be elected for the Belchford and Fulletby parish wards shall be seven and three respectively.
Revocation
7
The District of East Lindsey (Electoral Arrangements) Order 1979 is hereby revoked.
Signed by authority of the Secretary of State.
Hilary Armstrong
Minister of State,Department of the Environment,Transport and the Regions
21st September 1998


text:
Citation and commencment
1
This Order may be cited as the Local Authorities (Goods and Services) (Public Bodies) Order 1998 and shall come into force on 10th March 1998.
Designation of public bodies
2
Each of the following, being a person appearing to the Secretary of State for the Environment, Transport and the Regions and to the Secretary of State for Wales to be exercising functions of a public nature, shall be a public body for the purposes of the Local Authorities (Goods and Services) Act 1970 in its application to England and Wales —
Bedford (Cauldwell and Kingsbrook) Regeneration Partnership
Bedford (Queens Park) Partnership Limited
Dewsbury Partnership Limited
Into Work (Sunderland) Limited
Ryedale Energy Conservation Group Limited.
Restriction on agreements
3
1
The restriction in paragraph (2) below shall not apply in relation to Ryedale Energy Conservation Group Limited.
2
Agreements which may be entered into by a body by virtue of this Order shall be restricted to agreements with a local authority for the provision of administrative, professional or technical services by that authority to that body, in connection with financial or other assistance given or to be given to that body by any person for the purposes of the regeneration of any part of that authority’s area.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department of the Environment,Transport and the Regions
12th February 1998
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
13th February 1998


text:
Commencement and citation
1
This Order may be cited as The A41 Trunk Road (Westminster) Red Route Traffic Order 1998, and shall come into force on 30th January 1998.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person” “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column 2 of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
h
“bus” has the meaning given by regulation 22(2) of the Traffic Signs Regulations and General Directions 1994 .
i
“bus stop” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stop”.
j
“bus stand” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stand”.
k
“London Regional Transport” has the meaning given by the London Regional Transport Act 1984 .
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Buses: The controls specified in article 3(1) do not apply in respect of a person causing a bus to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3 (1) and (2) do not apply in respect of a person causing:
a
a bus to stop at a bus stop for as long as may be required to enable passengers to board or alight; or
b
a bus to stop at a bus stop or a bus stand and being used for operational reasons in the course of providing a London bus service (as defined in section 34 of the Transport Act 1985 ) under an agreement with London Regional Transport or training drivers to allow such a service to be provided.
2
In this article “operational reasons” means:
i
to enable passengers to board and alight;
ii
to enable crew changes to take place;
iii
to maintain the scheduled timetable subject, in the case of a bus stop, to a maximum wait of two minutes.
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
4
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle stopping in Baker Street, the east side, from a point 14 metres south of the southern kerb line of Melcombe Street southward for a distance of 12 metres for so long as is needed for a person to get on or off the vehicle.
Revocation or variation of existing Orders
10
The A41 Trunk Road (Westminster) Red Route Experimental Traffic Order 1996 is hereby revoked.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
19th January 1998


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemptions) (Northumberland County Council and Suffolk Coastal District Council) Order 1998 and shall come into force on 12th June 1998.
Exemption of other cleaning by Northumberland County Council
2
Other cleaning by the council of the county of Northumberland shall not be treated as a defined activity so long as it is carried out in their area during the period beginning with 1st August 1998 and ending on 31st March 1999.
Exemption of sports and leisure facilities management by Suffolk Coastal District Council
3
The management of sports and leisure facilities by the Suffolk Coastal District Council shall not be treated as a defined activity so long as it is carried out at The Brackenbury Sports Centre, High Road East, Felixstowe, Suffolk, during the period beginning with 1st January 1999 and ending on 31st December 2000.
Signed by authority of the Secretary of State,
Hilary Armstrong
Minister of State
Department of the Environment, Transport and the Regions
15th May 1998


text:
Citation and commencement
1
This Order may be cited as the Herefordshire Community Health National Health Service Trust (Establishment) Amendment Order 1998 and shall come into force on 7th December 1998.
Amendment of Establishment Order
2
For article 3 of the Herefordshire Community Health National Health Service Trust (Establishment) Order 1991 (nature and functions of the trust) there shall be substituted the following article:–
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1)(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 Authorities) shall be to provide and manage pursuant to section 5(1)(b) of the Act Belmont Abbey, Belmont, Hereford HR2 9RP and associated hospitals and establishments, and there and from there to provide and manage community health services.
.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,
Department of Health
26th November 1998


text:
Citation and commencement
1
This Order may be cited as the North Durham Acute Hospitals National Health Service Trust (Dissolution) Order 1998 and shall come into force on 1st April 1998.
Dissolution of NHS trust
2
The North Durham Acute Hospitals National Health Service Trust established by the North Durham Acute Hospitals National Health Service Trust (Establishment) Order 1993 is dissolved, and accordingly that Order is revoked.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State
Department of Health
19th March 1998


text:
PART I
GENERAL
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations 1998 and this regulation and regulation 16 shall come into force on 1st April 1998.
2
Except in the case of regulation 16, in so far as they amend provisions relating to income support or jobseeker’s allowance, these Regulations shall come into force on 6th April 1998 and in relation to a claimant for either income support or jobseeker’s allowance, these Regulations shall have effect from the first day of the first benefit week to commence for that claimant on or after that date and, in a case to which regulation 8(2)(c) and (3) applies, immediately after article 18(8) of, and Schedule 7 to, the Social Security Benefits Up-rating Order 1998 come into force.
3
In paragraph (2) above, the expressions “benefit week” and “claimant” with respect to income support shall have the same meaning as in regulation 2(1) of the Income Support Regulations and with respect to jobseeker’s allowance “benefit week” shall have the same meaning as in regulation 1(3) of the Jobseeker’s Allowance Regulations .
4
In so far as these Regulations amend provisions relating to council tax benefit they shall come into force on 1st April 1998.
5
In so far as these Regulations amend provisions relating to disability working allowance or family credit, they shall come into force on 7th April 1998 and, in relation to any particular claimant for either of those benefits, these Regulations shall have effect where a claimant has an award of disability working allowance or family credit which is current on 7th April 1998, on the day following the expiration of that award.
6
In so far as these Regulations amend provisions relating to housing benefit, they shall come into force —
a
in any case where rent is payable at intervals of a whole number of weeks, on 6th April 1998;
b
in any other case, on 1st April 1998.
7
In these Regulations —
“the Child Maintenance Bonus Regulations ” means the Social Security (Child Maintenance Bonus) Regulations 1996 ;
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Disability Working Allowance Regulations ” means the Disability Working Allowance (General) Regulations 1991 ;
“the Family Credit Regulations ” means the Family Credit (General) Regulations 1987 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations” means the Income Support (General) Regulations 1987 ;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 .
PART II
CHILD MAINTENANCE BONUS
Amendments to the Child Maintenance Bonus Regulations
2
1
The Child Maintenance Bonus Regulations shall be amended in accordance with the following paragraphs.
2
In regulation 1(2) (interpretation) for the definition of “child maintenance” there shall be substituted the following definition —
“child maintenance” means maintenance in any of the following forms —
child support maintenance paid or payable;
maintenance paid or payable by an absent parent to a person with care of a qualifying child, under an agreement (whether enforceable or not) between them, or by virtue of an order of a court; or
maintenance deducted from any benefit payable to an absent parent who is liable to maintain a qualifying child,
which, as the case may be, is paid, payable or deducted on or after 1st April 1998, but does not include any maintenance paid or payable in respect of a former partner.
.
3
In regulation 3(1) (entitlement to a bonus) for sub-paragraph (f) there shall be substituted the following sub-paragraph —
f
the work condition is satisfied within the period of —
i
in a case where an applicant with care cares for one child only and that child dies, 12 months immediately following the date of death;
ii
in a case where the absent parent has —
aa
died;
bb
ceased to be habitually resident in the United Kingdom; or
cc
has been found not to be the parent of the qualifying child or children,
12 weeks immediately following the first date on which any of those events occurs;
iii
in any other case, 14 days immediately following the day on which the bonus period applying to the applicant comes to an end.
.
4
In regulation 4(1) (bonus period) for head (i) of sub-paragraph (c) there shall be substituted the following head —
i
paid or payable to the applicant; or
.
5
In regulation 10(1) (claiming a bonus) —
a
in sub-paragraph (b), the words “(c) or” shall be omitted; and
b
sub-paragraph (c) shall be omitted.
PART III
AMENDMENTS WITH RESPECT TO INCOME-RELATED BENEFITS AND JOBSEEKER'S ALLOWANCE
Common amendments: Deductions from income support
3
1
In regulation 1(2) (citation, commencement and interpretation) of each of the Regulations specified in paragraph (2) below, the following definitions shall be inserted in the appropriate places —
“contribution-based jobseeker’s allowance”, except in a case to which paragraph (b) of the definition of income-based jobseeker’s allowance applies, means a contribution-based jobseeker’s allowance under Part I of the Jobseekers Act 1995 , but does not include any back to work bonus under section 26 of the Jobseekers Act which is paid as jobseeker’s allowance;
;
“income-based jobseeker’s allowance” means —
an income-based jobseeker’s allowance under Part I of the Jobseekers Act 1995; and
in a case where, if there was no entitlement to contribution-based jobseeker’s allowance, there would be entitlement to income-based jobseeker’s allowance at the same rate, contribution-based jobseeker’s allowance,
but does not include any back to work bonus under section 26 of the Jobseekers Act which is paid as jobseeker’s allowance;
.
2
The Regulations specified in this paragraph are —
a
the Community Charges (Deductions from Income Support)(No.2) Regulations 1990 ;
b
the Community Charges (Deductions from Income Support)(Scotland) Regulations 1989 ;
c
the Council Tax (Deductions from Income Support) Regulations 1993 ; and
d
the Fines (Deductions from Income Support) Regulations 1992 .
Common amendments: Disregard of contribution
4
1
In each of the regulations specified in paragraph (2) below (students) in the definition of “contribution” , after the words “in respect of the income” there shall be inserted the words “of a student or”.
2
The regulations specified in this paragraph are —
a
regulation 38 of the Council Tax Benefit Regulations;
b
regulation 41 of the Disability Working Allowance Regulations;
c
regulation 37 of the Family Credit Regulations;
d
regulation 46 of the Housing Benefit Regulations;
e
regulation 61 of the Income Support Regulations; and
f
regulation 130 of the Jobseeker’s Allowance Regulations.
3
In each of the Regulations specified in paragraph (4) below, the following regulation shall be inserted and numbered in accordance with that paragraph —
Further disregard of student’s income
Where any part of a student’s income has already been taken into account for the purposes of assessing his entitlement to a grant, the amount taken into account shall be disregarded in assessing that student’s income.
.
4
The Regulations and regulation numbers specified in this paragraph are —
a
regulation 48A of the Council Tax Benefit Regulations;
b
regulation 48A of the Disability Working Allowance Regulations;
c
regulation 43A of the Family Credit Regulations;
d
regulation 58A of the Housing Benefit Regulations;
e
regulation 67A of the Income Support Regulations; and
f
regulation 137A of the Jobseeker’s Allowance Regulations.
Common amendments: Interpretation
5
1
In each of the regulations specified in paragraph (2) below (interpretation) there shall be inserted the following definition in the appropriate place —
“the Children Order ” means the Children (Northern Ireland) Order 1995 ;
.
2
The regulations specified in this paragraph are —
a
regulation 2(1) of the Council Tax Benefit Regulations;
b
regulation 2(1) of the Disability Working Allowance Regulations;
c
regulation 2(1) of the Family Credit Regulations;
d
regulation 2(1) of the Housing Benefit Regulations;
e
regulation 2(1) of the Income Support Regulations; and
f
regulation 1(3) of the Jobseeker’s Allowance Regulations.
Common amendments: Notional income
6
1
In each of the regulations specified in paragraph (2) below (notional income), the word “or” and the following sub-paragraph shall be added bearing the specified letter —
rehabilitation allowance made under section 2 of the Employment and Training Act 1973 .
.
2
The regulations specified in this paragraph are —
a
regulation 26(2)(e) of the Council Tax Benefit Regulations ;
b
regulation 29(2)(e) of the Disability Working Allowance Regulations ;
c
regulation 26(2)(e) of the Family Credit Regulations ;
d
regulation 35(2)(e) of the Housing Benefit Regulations ;
e
regulation 42(2)(j) of the Income Support Regulations ; and
f
regulation 105(2)(i) of the Jobseeker’s Allowance Regulations .
Common amendments: Disregard of income other than earnings
7
1
In each of the paragraphs of the Schedules to the Regulations specified in paragraph (2) below (sums to be disregarded in the calculation of income other than earnings) the following head shall be added bearing the specified letter —
which is a payment made by an authority, as defined in Article 2 of the Children Order, in pursuance of Article 15 of, and paragraph 17 of Schedule 1 to, that Order (contribution by an authority to child’s maintenance);
.
2
The paragraphs of the Schedules specified in this paragraph and the specified head in those paragraphs are —
a
head (c) of paragraph 24(1) of Schedule 4 to the Council Tax Benefit Regulations;
b
head (c) of paragraph 22(1) of Schedule 3 to the Disability Working Allowance Regulations;
c
head (c) of paragraph 22(1) of Schedule 2 to the Family Credit Regulations ;
d
head (c) of paragraph 23(1) of Schedule 4 to the Housing Benefit Regulations ; and
e
head (d) of paragraph 26(1) of Schedule 7 to the Jobseeker’s Allowance Regulations.
3
For each of the paragraphs of the Schedules to the Regulations specified in paragraph (4) below (sums to be disregarded in the calculation of income other than earnings), there shall be substituted the following paragraph —
Any payment made to the claimant or his partner for a person (“the person concerned”), who is not normally a member of the claimant’s household but is temporarily in his care, by —
a health authority;
a local authority;
a voluntary organisation; or
the person concerned pursuant to section 26(3A) of the National Assistance Act 1948 .
.
4
The paragraphs of the Schedules to the Regulations specified in this paragraph are —
a
paragraph 26 of Schedule 4 to the Council Tax Benefit Regulations;
b
paragraph 24 of Schedule 3 to the Disability Working Allowance Regulations;
c
paragraph 24 of Schedule 2 to the Family Credit Regulations;
d
paragraph 25 of Schedule 4 to the Housing Benefit Regulations;
e
paragraph 27 of Schedule 9 to the Income Support Regulations; and
f
paragraph 28 of Schedule 7 to the Jobseeker’s Allowance Regulations.
5
In each of the paragraphs in the Schedules to the Regulations specified in paragraph (6) below for the words “paragraphs 13” there shall be substituted the words “paragraphs 13(1)”.
6
The paragraphs in the Schedules to the Regulations specified in this paragraph are —
a
paragraph 34 of Schedule 4 to the Council Tax Benefit Regulations; and
b
paragraph 33 of Schedule 4 to the Housing Benefit Regulations.
Council Tax Benefit, Housing Benefit, Income Support and Jobseeker’s Allowance: Amendments with respect to persons in detention
8
1
For the words referred to in each of the provisions specified in paragraph (2) below there shall be substituted the words “who is detained in hospital under the provisions of the Mental Health Act 1983 , or, in Scotland, under the provisions of the Mental Health (Scotland) Act 1984 or the Criminal Procedure (Scotland) Act 1995 ,”.
2
The words referred to and the provisions specified in this paragraph are —
a
in the Council Tax Benefit Regulations in regulation 4B (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) the words from “who is detained” to “1984”;
b
in the Housing Benefit Regulations —
i
in regulation 5(8A) (circumstances in which a person is to be treated as liable to make payments in respect of a dwelling) the words from “who is detained” to “1984”;
ii
in regulation 63(7)(e)(iii) (non-dependant deductions) the words from “whose detention is under” to “1984”;
c
in the Income Support Regulations —
i
in regulation 21(3) (special cases) in the definition of “prisoner” , the words from “whose detention is” to the end of the definition;
ii
in paragraph 2A of Schedule 7 (applicable amounts in special cases) the words from “who is detained” to “1984”; and
d
in the Jobseeker’s Allowance Regulations in regulation 85(4) (special cases) in the definition of “prisoner” the words from “whose detention is” to “1984”.
3
In paragraph 2A of Schedule 7 to the Income Support Regulations for the words “under either of those Acts” there shall be substituted the words “under any of those Acts”.
Housing Benefit: Maximum rent
9
Regulation 11 of the Housing Benefit Regulations (maximum rent) shall be amended in accordance with the following paragraphs —
a
in paragraph (8C) for the words “paragraph 8(2A)” there shall be substituted the words “paragraph 10”;
b
in paragraph (13) —
i
in the definition of “property-specific rent” for the words “paragraph 1(2)” there shall be substituted “paragraph 1” and for the words “paragraph 3” there shall be substituted the words “paragraph 3(3)”;
ii
for the definition of “the Rent Officers order” the following definition shall be substituted and inserted after the definition of “relevant rent” —
“the Rent Officers Order ” means the Rent Officers (Housing Benefit Functions) Order 1997 or, as the case may be, the Rent Officers (Housing Benefit Functions) Scotland Order 1997 ;
;
iii
in the definition of “relevant rent” for the words “paragraph 5” there shall be substituted the words “paragraph 6”; and
iv
in the definition of “single room rent” for the words “paragraph 4A” there shall be substituted the words “paragraph 5”.
Housing Benefit: Requirement to refer to rent officers
10
In paragraph (1A) of regulation 12A of the Housing Benefit Regulations (requirement to refer to rent officers) after sub-paragraph (b), the word “and” and the following sub-paragraph shall be added —
c
where the accommodation is supported accommodation within the meaning of paragraph 7 of Schedule 1 and either —
i
they include charges that are eligible for housing benefit solely by virtue of the exception in paragraph 1(f)(iii) of Schedule 1 (charges for general counselling and support in supported accommodation) or by virtue of that exception and the exception in paragraph 1(f)(ii) —
aa
that such charges are included; and
bb
the value of those charges as determined by the local authority for the purposes of regulation 10 (rent) and Schedule 1; or
ii
they include charges that are eligible for housing benefit by virtue of the exception in paragraph 1(f)(iii) of Schedule 1 or by virtue of that exception and the exception in paragraph 1(f)(ii) and those charges are also eligible by virtue of the exception in paragraph 1(f)(i) (charges with respect the provision of adequate accommodation) —
aa
that such charges are included; and
bb
the value of those charges as determined by the local authority for the purposes of regulation 10 and Schedule 1.
.
Housing Benefit: Excluded tenancies
11
Schedule 1A to the Housing Benefit Regulations (excluded tenancies) shall be amended in accordance with the following paragraphs —
a
in paragraph 2(3)(c) —
i
after the words “the same as such a term)” there shall be added the words “and that determination was not made under paragraph 1(2), 2(2) or 3(3) of Schedule 1 to the Rent Officers Order”; and
ii
the word “if” and heads (i) and (ii) shall be omitted;
b
in paragraph 2(3)(e) for the words from “for the purposes” to the words “(Scotland) Order 1990” there shall be substituted the words “under paragraph 2(2) of Schedule 1 to the Rent Officers Order”;
c
in paragraph 2(3)(f) for the words “paragraph 4A” there shall be substituted the words “paragraph 5”;
d
in paragraph 12 —
i
after the definition of “rent” the following definition shall be inserted —
“the Rent Officers Order” means the Rent Officers (Housing Benefit Functions) Order 1997 or, as the case may be, the Rent Officers (Housing Benefit Functions) Scotland Order 1997 ;
;
ii
the following definitions in paragraph 12 shall be omitted —
aa
“the Order”;
bb
“the relevant provisions” ; and
cc
“the Scottish Order” .
Income Support and Jobseeker’s Allowance: Treatment of grant awards for former students
12
In regulation 29(2B) of the Income Support Regulations and regulation 94(2B) of the Jobseeker’s Allowance Regulations (calculation of earnings derived from employed earner’s employment and income other than earnings) after sub-paragraph (a) the following sub-paragraph shall be inserted —
aa
where the grant is paid in instalments, on the day before the next instalment would have been paid had the claimant remained a student; or
.
Income Support and Jobseeker’s Allowance: Calculation of notional income and income other than earnings
13
1
The Income Support Regulations shall be amended in accordance with the following sub-paragraphs —
a
in regulation 40(1) (calculation of income other than earnings) for the words “paragraphs (2) to (3A) ” there shall be substituted the words “paragraphs (2) to (3B) ”;
b
in regulation 42(7)(notional income) for the words “paragraphs (1) to (4)” there shall be substituted the words “paragraphs (1) to (4A) ”;
c
in Schedule 9 (sums to be disregarded in the calculation of income other than earnings) at the end there shall be added the following paragraph —
64
Any payment made with respect to a person on account of the provision of after-care under section 117 of the Mental Health Act 1983 or section 8 of the Mental Health (Scotland) Act 1984 or the provision of accommodation or welfare services to which Parts III and IV of the National Health Service and Community Care Act 1990 refer, which falls to be treated as notional income under paragraph (4A) of regulation 42 above (payments made in respect of a person in a residential care or nursing home).
.
2
In Schedule 7 to the Jobseeker’s Allowance Regulations (sums to be disregarded in the calculation of income other than earnings) at the end there shall be added the following paragraph —
63
Any payment which falls to be treated as notional income made under paragraph (11) of regulation 105 above (payments made in respect of a person in a residential care or nursing home).
.
Income Support and Jobseeker’s Allowance: Income treated as capital
14
1
For regulation 48(8) of the Income Support Regulations (income treated as capital), as it has effect in England and Wales and as it has effect in Scotland , there shall be substituted the following paragraphs —
8
Any payment made by a local authority, which represents arrears of payments under —
a
paragraph 15 of Schedule 1 to the Children Act 1989 (power of a local authority to make contributions to a person with whom a child lives as a result of a residence order); or
b
section 34(6) or as the case may be, section 50 of the Children Act 1975 (payments towards maintenance for children),
shall be treated as capital.
8A
Any payment made by an authority, as defined in Article 2 of the Children Order which represents arrears of payments under Article 15 of, and paragraph 17 of Schedule 1 to, that Order (contribution by an authority to child’s maintenance), shall be treated as capital.
.
2
In regulation 110(8) of the Jobseeker’s Allowance Regulations (income treated as capital), after the words “maintenance of a child)” there shall be inserted the words “or any payment, made by an authority, as defined in Article 2 of the Children Order, which represents arrears of payments under Article 15 of, and paragraph 17 of Schedule 1 to, that Order (contribution by an authority to child’s maintenance),”.
Income Support: Disregard of income other than earnings
15
1
Paragraph 7 of Schedule 9 to the Income Regulations (sums to be disregarded in the calculation of income other than earnings) shall be amended in accordance with the following paragraphs —
a
in sub-paragraph (a) for the words “, 9 or 9A” there shall be substituted the words “zor 9”;
b
in sub-paragraph (b) at the end there shall be added the words “or jobseeker’s allowance”.
2
For head (b) of paragraph 25(1) of Schedule 9 to the Income Support Regulations (sums to be disregarded in the calculation of income other than earnings) as it has effect in England and Wales and as it has effect in Scotland the following heads shall be substituted —
b
which is a payment made by a local authority in pursuance of section 34(6) or, as the case may be, section 50 of the Children Act 1975 (contributions towards the cost of the accommodation and maintenance of a child);
c
which is a payment made by a local authority in pursuance of section 15(1) of, and paragraph 15 of Schedule 1 to, the Children Act 1989 (local authority contribution to a child’s maintenance where the child is living with a person as a result of a residence order);
d
which is a payment made by an authority, as defined in Article 2 of the Children Order, in pursuance of Article 15 of, and paragraph 17 of Schedule 1 to, that Order (contribution by an authority to child’s maintenance);
.
Jobseeker’s Allowance: Periods of interruption of employment
16
1
Regulation 47A of the Jobseeker’s Allowance Regulations (jobseeking periods: periods of interruption of employment) shall be renumbered as regulation 47A(1) and in sub-paragraph (za) of that paragraph the words “and is still current on 1st December 1997” shall be omitted.
2
After the renumbered paragraph (1) the following paragraph shall be added —
2
In paragraph (1) “period of interruption of employment” in relation to a period prior to 7th October 1996 has the same meaning as it had in the Benefits Act by virtue of section 25A of that Act (determination of days for which unemployment benefit is payable) as in force on 6th October 1996.
.
Amendment of the Housing Benefit (General) Amendment Regulations 1995: Savings
17
In regulation 10(6) of the Housing Benefit (General) Amendment Regulations 1995 (saving provision) in the definition of “exempt accommodation” for head (ii) there shall be substituted the following head —
ii
provided by a non-metropolitan county council in England within the meaning of section 1 of the Local Government Act 1972 , a housing association, a registered charity or voluntary organisation where care, support or supervision is provided by, or on behalf of, that body to the occupants of that accommodation;
.
PART IV
AMENDMENTS WITH RESPECT TO PERSONS FROM ABROAD
Common amendments with respect to persons from abroad
18
1
In each of the regulations specified in paragraph (2) below (conditions affecting the entitlement of a person from abroad to the relevant benefits), for the words “to remain in the United Kingdom by the Secretary of State” there shall be substituted the words —
i
to enter the United Kingdom by an immigration officer appointed for the purposes of the Immigration Act 1971 ; or
ii
to remain in the United Kingdom by the Secretary of State
.
2
The regulations specified in this paragraph are —
a
regulation 14B(b) of the Child Benefit (General) Regulations 1976 ;
b
regulation 5(1A)(b) of the Disability Working Allowance Regulations ;
c
regulation 3(1A)(b) of the Family Credit Regulations ;
d
regulation 2(1A)(b) of the Social Security (Attendance Allowance) Regulations 1991 ;
e
regulation 2(1A)(b) of the Social Security (Disability Living Allowance) Regulations 1991 ;
f
regulation 9(1A)(b) of the Social Security (Invalid Care Allowance) Regulations 1976 ; and
g
regulation 3(1B)(b) of the Social Security (Severe Disablement Allowance) Regulations 1984 .
3
In each of the regulations specified in paragraph (4) below (conditions affecting the entitlement of a person from abroad to the relevant benefits) after the words “exceptional leave”there shall be inserted the words “to enter the United Kingdom by an immigration officer within the meaning of the Immigration Act 1971, or”.
4
The regulations specified in this paragraph are —
a
regulation 4A(4)(e)(iii) of the Council Tax Benefit Regulations ;
b
regulation 7A(4)(e)(iii) of the Housing Benefit Regulations ;
c
regulation 21(3) of the Income Support Regulations in sub-paragraph (c) of the second definition of “person from abroad”; and
d
regulation 85(4) of the Jobseeker’s Allowance Regulations in sub-paragraph (c) of the second definition of “person from abroad”.
Further amendments of the Income Support Regulations and the Jobseeker’s Allowance Regulations
19
1
In regulation 72 of the Income Support Regulations (assessment of income and capital in urgent cases) —
a
for sub-paragraph (a) of paragraph (1) there shall be substituted the following sub-paragraph —
a
any income other than —
i
a payment of income or income in kind made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Fund, the Eileen Trust or the Independent Living Funds; or
ii
income to which paragraph 5, 7 (but only to the extent that a concessionary payment would be due under that paragraph for any non-payment of income support under regulation 70 of these Regulations or of jobseeker’s allowance under regulation 147 of the Jobseeker’s Allowance Regulations 1996 (urgent cases)), 31, 39(2), (3) or (4), 40, 42, 52 or 57 of Schedule 9 (disregard of income other than earnings) applies,
possessed or treated as possessed by him, shall be taken into account in full notwithstanding any provision in that Part disregarding the whole or any part of that income;
;
b
in paragraph (2) after the words “Housing Benefits Act 1982” there shall be inserted the words “or any arrears of benefit due under regulation 70 of these Regulations or regulation 147 of the Jobseeker’s Allowance Regulations 1996 (urgent cases)”.
2
In regulation 149 of the Jobseeker’s Allowance Regulations (assessment of income and capital in urgent cases) —
a
for sub-paragraph (a) of paragraph (1) there shall be substituted the following sub-paragraph —
a
any income other than —
i
a payment of income or income in kind made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Fund, the Eileen Trust or the Independent Living Funds; or
ii
income to which paragraph 6, 8 (but only to the extent that a concessionary payment would be due under that paragraph for any non-payment of jobseeker’s allowance under regulation 147 of these Regulations or of income support under regulation 70 of the Income Support Regulations (urgent cases)), 33, 41(2), (3) or (4) or 42 of Schedule 7 (disregard of income other than earnings) applies,
possessed or treated as possessed by him, shall be taken into account in full notwithstanding any provision in that Part disregarding the whole or any part of that income;
;
b
in paragraph (2) after the words “Housing Benefits Act 1982” there shall be inserted the words “or any arrears of benefit due under regulation 147 of these Regulations or regulation 70 of the Income Support Regulations (urgent cases)”.
Signed by authority of the Secretary of State for Social Security.
Keith Bradley
Parliamentary Under-Secretary of State,
Department of Social Security
4th March 1998


text:
Citation and commencement
1
This Order may be cited as the Birmingham (Aston and Nechells) Education Action Zone Order 1998 and shall come into force on 1st January 1999.
Interpretation
2
In this Order–
“partners” means those persons listed in Schedule 1 to this Order; and
“zone school” means a school listed in Schedule 2 to this Order.
Constitution of education action zone
3
The schools listed in Schedule 2 to this Order shall constitute collectively an education action zone under the name of the Birmingham (Aston and Nechells) Education Action Zone (“the zone”) for the purposes of Chapter III of Part I of the School Standards and Framework Act 1998.
4
There shall be an Education Action Forum for the zone to be known as the Birmingham (Aston and Nechells) Education Action Forum, the membership of which shall include–
a
one person appointed by the governing body of each zone school, unless any such governing body chooses not to make such an appointment;
b
either one or two persons appointed by the Secretary of State; and
c
one person appointed by each partner unless any partner chooses not to make such an appointment.
5
1
The Forum may at any time appoint–
a
up to 6 additional members from persons appearing to them to represent the interests of businesses in the area served by the zone schools;
b
up to 4 additional members from persons appearing to them to represent the interests of institutions within the further or higher education sector (within the meaning of, respectively, section 91(3) and (5) of the Further and Higher Education Act 1992 ) in the City of Birmingham;
c
up to 6 additional members from persons appearing to them to represent the voluntary, community and charitable sectors in the area served by the zone schools;
d
one additional member from persons appearing to them to represent the interest of the health sector in the area served by the zone schools;
e
one additional member from persons appearing to them to represent the Social Services Department of Birmingham City Council;
f
one additional member from persons appearing to them to represent the West Midlands Police Force;
g
up to 3 additional members from persons who are members of Birmingham City Council;
h
either one or two additional members from persons appearing to them to represent head teachers of zone schools;
i
one additional member from persons who are members of the Academy of Youth Ltd;
j
up to 4 additional members appearing to them to be able to further the objectives of the zone;
k
up to 6 additional members who are officers of Birmingham City Council;
l
either one or two additional members from persons who are members of the Birmingham and Solihull Training and Enterprise Council;
m
up to 6 additional members from persons who are members of appropriate trade unions;
n
either one or two additional members from persons aged between sixteen and nineteen;
o
either one or two members from persons who are parents of children who are registered pupils at a zone school; and
p
up to 4 additional members from persons representing religious organisations.
2
Any member appointed under paragraph (1)(g), (i), (k), (l) or (m) shall cease to hold office as a member of the Forum if he ceases to be a member of, or officer of, the relevant body referred to in any of those sub-paragraphs.
3
Any member appointed under paragraph (1)(n) shall cease to hold office as a member of the Forum on reaching the age of 20.
4
Any member appointed under paragraph (1)(o) shall cease to hold office as a member of the Forum if he ceases to be a parent of a child who is a registered pupil at a zone school.
Disqualification from membership of the Forum
6
Articles 7 to 9 shall have effect for the purpose of prescribing the circumstances and cases in which a person is to be disqualified for holding, or continuing to hold, office as a member of the Forum.
Disqualification from membership of Forum — bankruptcy etc
7
1
Subject to the provisions of this regulation, a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if he has been adjudged bankrupt or has made a composition or arrangement with his creditors; and a member, on becoming so disqualified, shall give written notice of the fact to the secretary to the Forum.
2
Where a person is disqualified by reason of his having been adjudged bankrupt, that disqualification shall cease–
a
unless the bankruptcy order made against that person is previously annulled, on his discharge from bankruptcy; and
b
if the bankruptcy order is so annulled, on the date of the annulment.
3
Where a person is disqualified by reason of his having made a composition or arrangement with his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed and in any other case it shall cease on the expiration of three years from the date on which the terms of the deed of composition or arrangement are fulfilled.
Disqualification from membership of Forum — criminal convictions
8
1
Subject to paragraph (2) a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if–
a
within five years before his appointment would otherwise have taken effect or since his appointment, he has been convicted, whether in the United Kingdom or elsewhere, of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;
b
within twenty years before his appointment would otherwise have taken effect, he has been convicted as aforesaid and has had passed on him a sentence of imprisonment for a period of more than two and a half years; or
c
he has at any time been convicted as aforesaid and has had passed on him a sentence of imprisonment of not less than five years.
2
For the purposes of this regulation there shall be disregarded any conviction by or before a court outside the United Kingdom of an offence in respect of conduct which, if it had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom.
Disqualification — absence from meetings
9
Any member of the Forum who, without the consent of the Forum has failed to attend the meetings thereof for a continuous period of six months beginning with the date of a meeting shall, on the expiry of that period, be disqualified for continuing to be a member of the Forum without prejudice however, to his re-appointment.
Chairman’s tenure of office
10
The chairman of the Forum elected in accordance with paragraph 2 of Schedule 1 to the Act, shall hold office for one year from the date of his election (unless he resigns his office earlier), without prejudice to his eligibility to be re-elected for a further period of one year.
Estelle Morris
Minister of State,
Department for Education and Employment
3rd December 1998


text:
Citation and commencement
1
This Order may be cited as the Newcastle Education Action Zone Order 1998 and shall come into force on 1st September 1998.
Interpretation
2
In this order–
“partners” means those persons listed in Schedule 1 to this Order; and
“zone school” means a school listed in Schedule 2 of this Order.
Constitution of education action zone
3
The schools listed in Schedule 2 to this Order shall constitute collectively an education action zone under the name of the Newcastle Education Action Zone (“the zone”) for the purposes of Chapter III of Part I of the School Standards and Framework Act 1998.
4
There shall be an Education Action Forum for the zone, the membership of which shall include–
a
one person appointed by the governing body of each zone school, unless any such governing body chooses not to make such an appointment;
b
either one or two persons appointed by the Secretary of State; and
c
two persons appointed by Newcastle City Council and one person appointed by each of the other partners, unless any partner chooses not to make such an appointment.
5
The Forum may, at any time, appoint not more than 10 additional members from persons appearing to them to represent the interests of–
a
businesses;
b
parents of children of compulsory school age; and
c
the voluntary sector.
in the area served by the zone schools provided that the number of persons appointed under sub-paragraph (b) shall not exceed 2.
Disqualification from membership of the Forum
6
Articles 7 to 9 shall have effect for the purpose of prescribing the circumstances and cases in which a person is to be disqualified for holding, or continuing to hold, office as a member of the Forum.
Disqualification from membership of Forum — bankruptcy etc.
7
1
Subject to the provisions of this regulation, a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if he has been adjudged bankrupt or has made a composition or arrangement with his creditors; and a member, on becoming so disqualified, shall give written notice of the fact to the secretary to the Forum.
2
Where a person is disqualified by reason of his having been adjudged bankrupt, that disqualification shall cease–
a
unless the bankruptcy order made against that person is previously annulled, on his discharge from bankruptcy; and
b
if the bankruptcy order is so annulled, on the date of the annulment.
3
Where a person is disqualified by reason of his having made a composition or arrangement with his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed and in any other case it shall cease on the expiration of three years from the date on which the terms of the deed of composition or arrangement are fulfilled.
Disqualification from membership of Forum — criminal convictions
8
1
Subject to paragraph (2) a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if–
a
within five years before his appointment would otherwise have taken effect or since his appointment, he has been convicted, whether in the United Kingdom or elsewhere, of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;
b
within twenty years before his appointment would otherwise have taken effect, he has been convicted as aforesaid and has had passed on him a sentence of imprisonment for a period of more than two and a half years; or
c
he has at any time been convicted as aforesaid and has had passed on him a sentence of imprisonment of not less than five years.
2
For the purposes of this regulation there shall be disregarded any conviction by or before a court outside the United Kingdom of an offence in respect of conduct which, if it had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom.
Disqualification — absence from meetings
9
Any member of the Forum who, without the consent of the Forum has failed to attend the meetings thereof for a continuous period of six months beginning with the date of a meeting shall, on the expiry of that period, be disqualified for continuing to be a member of the Forum without prejudice however, to his re-appointment.
Chairman’s tenure of office
10
The chairman of the Forum elected in accordance with paragraph 2 of Schedule 1 to the Act, shall hold office for one year from the date of his election (unless he resigns his office earlier), without prejudice to his eligibility to be re-elected for a further such period.


text:
1
These Regulations may be cited as the Education (Grants for Education Support and Training) (England) Regulations 1998 (Amendment) (No. 2) Regulations 1998 and shall come into force on 30th November 1998.
2
The Education (Grants for Education Support and Training) (England) Regulations 1998 shall be amended as follows.
3
In regulation 2(1) the following definition shall be inserted at the appropriate place–
“National Healthy School Scheme” means the joint pilot programme by the Department for Education and Employment and the Department of Health to improve health education in schools;
4
In regulation 5(2) the following entries shall be inserted at the end of the table in the left hand and right hand columns respectively–
31 100 32 100
.
5
In regulation 11(1) for “or 27” there shall be substituted “, 27 or 31”.
6
In the Schedule after paragraph 30 there shall be inserted the following paragraphs–
31
Further support for maintained schools by the provision of books and other text-based media, including CD Roms.
32
Support for schools in the National Healthy School Scheme to improve their provision of health education
.
Estelle Morris
Minister of State,
Department for Education and Employment
2nd November 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Lanarkshire 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 Lanarkshire 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 Lanarkshire 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 Coathill Hospital, Coatbridge, Hartwoodhill Hospital, Shotts, Kirklands Hospital, Bothwell and Udston Hospital, Hamilton, and at establishments associated with those hospitals, 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 Lanarkshire 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 Lanarkshire Health Board.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 7A to the Act (maximum value of freely disposable assets) in relation to the trust shall be £500,000.
Sam Galbraith
Minister for Health, Scottish Office
St Andrew’s House,
Edinburgh
30th October 1998


text:
Citation and commencement
1
These Regulations may be cited as the Non-Domestic Rating (Collection and Enforcement) (Local Lists) (Amendment) Regulations 1998 and shall come into force on 1st April 1999.
Amendment of principal regulations
2
The Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 are amended as provided below.
Liability orders: issue of summons
3
After regulation 13(2) (liability orders: further provision) there is inserted–
2A
No liability order shall be made in pursuance of a summons issued under regulation 12(2) unless fourteen days have elapsed since the day on which the summons was served.
.
Certification of bailiffs
4
After regulation 14(6) there is inserted–
6A
No distress under this regulation may be made other than by a person who is authorised to act as a bailiff by a general certificate granted under section 7 of the Law of Distress Amendment Act 1888.
Commitment to prison
5
1
For regulation 16(6) there is substituted–
6
If–
a
before a warrant has been issued, or a term of imprisonment fixed and the issue of a warrant postponed, an amount determined in accordance with paragraph (6A) is paid or tendered to the authority, or
b
after a term of imprisonment has been fixed and the issue of a warrant postponed, any amount the court has ordered the debtor to pay is paid or tendered to the authority, or
c
after a warrant has been issued, the amount stated in it is paid or tendered to the authority,
the authority shall accept the amount concerned, no further steps shall be taken as regards its recovery, and the debtor, if committed to prison, shall be released.
6A
The amount referred to in paragraph (6)(a) above is the aggregate of–
a
the appropriate amount mentioned in regulation 14(2) (or so much of it as remains outstanding), and
b
subject to sub-paragraph (6B) below, the authority’s reasonable costs incurred up to the time of payment or tender in making one or more of the applications referred to in Schedule 4.
6B
For the purposes of paragraph (6A)(b) above, the authority’s reasonable costs in respect of any application shall not exceed the amount specified in relation to that application in Schedule 4.
2
After Schedule 3 there is added Schedule 4, set out in Schedule 1 to these Regulations.
Charges connected with distress
6
In Schedule 3 –
a
for the Table in paragraph 1 there is substituted the Table in Schedule 2 to these Regulations;
b
in paragraph 2(1) (amounts in respect of levy), for “£15” in paragraph (a) there is substituted “£20”, and in paragraph (b) for “15 per cent.” there is substituted “20 per cent.”; and
c
after paragraph 2 there is inserted–
2A
No charge shall be payable under head F of the Table in paragraph 1 in respect of the appraisement of an item unless the debtor has been advised of the charge, and the manner of its calculation, before the appraisement is made.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
4th December 1998
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
7th December 1998


text:
Citation and commencement
1
These Regulations may be cited as the Goods Vehicles (Plating and Testing) (Amendment) Regulations 1998 and shall come into force on 1st August 1998.
Preliminary
2
The Goods Vehicles (Plating and Testing) Regulations 1988 shall be further amended in accordance with the following provisions of these Regulations.
Amendments relating to fees
3
In regulation 12, in paragraph (3), for the Table there shall be substituted the following Table —
TABLE
Description of vehicle Fee
Motor vehicle with 2 axles £35.20 Motor vehicle with 3 axles £36.30 Motor vehicle with 4 or more axles £38.20 Trailer with 1 axle £17.60 Trailer with 2 axles £18.70 Trailer with 3 or more axles £19.70
4
In regulation 16, in paragraphs (1) and (3), for “£16.00” there shall be substituted “£17.60” and for “£8.00” there shall be substituted “£8.80”.
Signed by authority of the Secretary of State
Helene Hayman
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
9th July 1998