text:
Title and commencement
1
This Order may be cited as the Razor Shells, Trough Shells and Carpet Shells (Specified Sea Area) (Prohibition of Fishing) Order 1998 and shall come into force on 23rd May 1998.
Prohibition
2
Fishing for razor shells ( Ensis spp. ), trough shells ( Spisula spp. ) and carpet shells ( Tapes spp. ) by means of any type of dredge by any fishing boat within any part of the area specified in the Schedule to this Order is prohibited.
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) and (3) 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 port.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
20th May 1998
Sewel
Parliamentary Under Secretary of State, Scottish Office
20th May 1998
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
20th May 1998
Dubs
Parliamentary Under Secretary of State for Northern Ireland
20th May 1998


type: legislation

jurisdiction: UK

text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (The Broads) Designation (Amendment) Order 1998 and shall come into force on 22nd June 1998.
Interpretation
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (The Broads) Designation Order 1997 .
Amendments to the principal Order
3
The principal Order shall be amended in accordance with the following provisions of this Order.
4
In Part I and Part II of Schedule 9 to the principal Order there shall be substituted the following:
Part I
A maximum rate of £135 per annum.
Part II
Item Schedule Maximum rate in £ per hectare of land per annum
1 Schedule 2 225 2. Schedule 3 310 3. Schedule 4 50 4. Schedule 5 130 5. Schedule 6: Option 1 260 Option 2 500
.
Amendments to the 1992 Order
5
The Environmentally Sensitive Areas (The Broads) Designation Order 1992 shall, in so far as, by virtue of article 6(1)(b) of the principal Order, it continues to apply to agreements made before the coming into force of the principal Order, be amended in article 6(2) by the substitution, for the table set out therein, of the following table:
Schedule £ per hectare of land per annum
Schedule 2 225 Schedule 3 310 Schedule 4: Option 1 260 Option 2 500 Schedule 4 to the Environmentally Sensitive Areas (The Broads) Designation Order 1997. 50 Schedule 5 to the Environmentally Sensitive Areas (The Broads) Designation Order 1997. 130
.
Saving
6
Articles 4 and 5 of this Order shall not have effect for the purposes of any annual payment to a farmer which relates wholly or in part to any period before 1st April 1998.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
18th May 1998
We consent,
Graham Allen
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
19th May 1998


text:
PART I
INTRODUCTION
Title and commencement
1
These Regulations may be cited as the Cattle Identification Regulations 1998 and shall come into force on 15th April 1998.
Interpretation and extent
2
1
In these Regulations —
“appropriate Minister” means, in relation to England, the Minister of Agriculture, Fisheries and Food, and in relation to Scotland or to Wales, the Secretary of State;
“calf passport” means a document in such form as may be approved by the appropriate Minister in accordance with Article 6.2 of Commission Regulation ( EC ) No. 2629/97 (laying down detailed rules for the implementation of Council Regulation (EC) No. 820/97 as regards eartags, holding registers and passports in the framework of the system for the identification and registration of bovine animals ) for the purposes of moving calves under 28 days old;
“cattle” means bovine animals including the species bison bison and bubalus bubalis;
“cattle passport” means a document containing the information set out in Article 6.1 of Commission Regulation (EC) No. 2629/97 issued by the appropriate Minister and includes a calf passport;
“cattle tagging Orders” means —
the Bovine Animals (Records, Identification and Movement) Order 1995 ;
the Bovine Animals (Identification, Marking and Breeding Records) Order 1990 ;
the Tuberculosis (England and Wales) Order 1984 ; and
the Tuberculosis (Scotland) Order 1984 ;
“the Council Regulation” means Council Regulation (EC) No. 820/97 (establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products ;
“holding” means any establishment, construction or, in the case of an open-air farm, any place in Great Britain in which cattle are held, kept or handled;
“inspector” means a person appointed to be an inspector for the purposes of these Regulations by the appropriate Minister or a local authority;
“keeper” means any person responsible for animals, whether on a permanent or on a temporary basis, including during transportation or at a market;
“licensed slaughterhouse” means a slaughterhouse licensed under the Fresh Meat (Hygiene and Inspection) Regulations 1995 ;
“local authority” means —
in any part of England where there is, within the meaning of the Local Government Changes for England Regulations 1994 , a unitary authority for that local government area, that authority;
in any part of England where there is not a unitary authority —
in a metropolitan district, the council of that district;
in a non-metropolitan county, the council of that county;
in each London borough (except in relation to imported animals) the council of that borough; or
in the City of London, and for all London boroughs in relation to imported animals, the Common Council;
in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ;
in Wales, a county or county borough;
“official veterinary surgeon” means an official veterinary surgeon designated under regulation 8 of the Fresh Meat (Hygiene and Inspection) Regulations 1995;
“valid”, in relation to a cattle passport, means a cattle passport which has been correctly completed and signed in the appropriate place by each keeper of the animal.
2
These Regulations shall extend to Great Britain.
3
Any approval, licence or notice issued under these Regulations, the Council Regulation or Commission Regulation (EC) No. 2629/97 shall be in writing, may be made subject to conditions and may be amended or revoked by notice in writing at any time.
PART II
EARTAGS
Enforcement of Article 4 of the Council Regulation (eartags)
3
1
The Minister of Agriculture, Fisheries and Food —
a
shall be the competent authority for the purposes of approving eartags for the purposes of Article 4.1 of the Council Regulation; and
b
on application from a manufacturer of approved eartags, shall allocate unique identification codes for the purposes of that Article, conforming with the provisions of paragraphs 1 and 2 of Article 1 of Commission Regulation (EC) No. 2629/97 .
2
The person responsible for identifying cattle by means of an eartag applied to each ear in accordance with Article 4.1 of the Council Regulation shall be the keeper.
3
In accordance with Article 4.2 of the Council Regulation the keeper shall apply the eartags to the animal —
a
in the case of a dairy herd, within 36 hours of the birth of the animal;
b
in the case of any other herd —
i
within 30 days of the birth of an animal born before 1st January 2000, or
ii
within 20 days of the birth of an animal born on or after 1st January 2000.
4
Any person who fails to comply with the requirement in Article 4.1 of the Council Regulation to apply an eartag within the period specified in paragraph (3) above shall be guilty of an offence.
Form of eartags
4
1
Eartags applied under these Regulations shall be approved by the Minister of Agriculture, Fisheries and Food.
2
In accordance with paragraphs 1 and 2 of Article 1 of Commission Regulation (EC) No. 2629/97 , both eartags shall bear the logo specified in Schedule 1 to these Regulations, the letters “ UK ” and the unique number allocated by the Minister of Agriculture, Fisheries and Food (and, in the case of a two-piece eartag, both pieces of the eartag shall bear the logo).
3
The power in Article 4 of Commission Regulation (EC) No. 2629/97 (a power to choose other material or model for the second eartag) may be exercised by the Minister of Agriculture, Fisheries and Food.
Movement from a holding
5
1
Subject to paragraph (2) below, any person who moves an animal from a holding in breach of the third paragraph of Article 4.2 of the Council Regulation shall be guilty of an offence.
2
In the case of an animal at a market which must be tagged in accordance with Article 4 of the Council Regulation and which is not so tagged, an inspector may issue a licence to the keeper permitting the animal to be moved from the market to a holding specified in the licence; and any person who moves an animal in breach of the licence or any condition of the licence shall be guilty of an offence.
Replacement eartags
6
1
The appropriate Minister shall be the competent authority for the purposes of Article 4.5 of the Council Regulations, and any person who either removes or replaces an eartag (or an eartag attached under the cattle tagging Orders) without permission in contravention of that Article or Article 4.4 of the Council Regulation shall be guilty of an offence.
2
If a keeper of cattle (other than the operator of a slaughterhouse) discovers that an eartag applied under these Regulations has become illegible or has been lost, he shall, within 28 days of the discovery, replace it with an eartag of the same type and bearing the same number, and failure to do so shall be an offence.
3
If a keeper of cattle discovers that an eartag applied under the provisions of the cattle tagging Orders has become illegible or has been lost, he shall, within 28 days of the discovery, either re-tag it with another single tag, or shall re-tag it with double tags in accordance with these Regulations, and any person failing to do so shall be guilty of an offence.
4
If an animal brought in from another member State, Northern Ireland, the Isle of Man or the Channel Islands tagged in accordance with the Council Regulation loses an eartag the keepers shall, within 28 days of the discovery, re-tag it either —
a
using a replacement tag from the place where it was originally tagged and using the same number, or
b
using two new eartags approved by the Minister of Agriculture, Fisheries and Food,
and any person failing to do so shall be guilty of an offence.
Eartags missing at a slaughterhouse
7
1
If the operator of a slaughterhouse discovers that an animal which should have been tagged in accordance with these Regulations has only one eartag he may, under the authority of a licence granted by the appropriate Minister, slaughter the animal for human consumption without replacing the relevant eartag but may not otherwise slaughter the animal for human consumption.
2
If the operator of a slaughterhouse discovers that an animal which should have been tagged in accordance with these Regulations has no eartags, he shall not slaughter it for human consumption but may return it to the previous keeper under the authority of a licence granted by the appropriate Minister.
3
If the operator of a slaughterhouse discovers that an animal which should have been tagged under one of the cattle tagging Orders does not have an eartag he shall not slaughter it for human consumption except under the authority of a licence granted by the appropriate Minister.
4
If any person slaughters an animal contrary to the provisions of this regulation the operator of the slaughterhouse shall be guilty of an offence.
5
Without prejudice to paragraph (4) above, if an animal without either eartag is slaughtered in contravention of this regulation the operator of the slaughterhouse shall identify the carcase as an animal by-product in accordance with the Animal By-Products (Identification) Regulations 1995 and dispose of it in accordance with the Animal By-Products Order 1992 unless the official veterinary surgeon is satisfied as to the identity of the animal and serves a notice on the operator allowing it to be used for human consumption.
Intra-Community trade
8
No person shall consign an animal for intra-Community trade unless it is tagged in each ear with an eartag approved by the Minister of Agriculture, Fisheries and Food in accordance with Article 4.1 of the Council Regulation or, if it complies with the conditions for the derogations set out in that paragraph relating to animals born before 1st January 1998, it is tagged in accordance with the cattle tagging Orders, and any person who does so shall be guilty of an offence.
Imports from third countries
9
1
Any person who fails to apply eartags to an animal imported from a third country within 20 days of the animal passing the checks specified in Council Directive 91/496/ EEC (laying down the principles governing the organisation of veterinary checks on animals entering the Community ), and in any event before leaving the holding of destination, as specified in Article 4.3 of the Council Regulation, shall be guilty of an offence.
2
It shall be a defence for any person charged under this regulation to prove that —
a
when the animal was imported, the holding of destination was a slaughterhouse, and
b
the animal was slaughtered within 20 days of undergoing the checks on importation.
Alteration and storage of eartags
10
1
No person shall alter, obliterate or deface the information on an eartag approved under Article 4.1 of the Council Regulation or on an eartag attached under the cattle tagging Orders, and any person who does so shall be guilty of an offence.
2
Any person who has in his possession unused eartags issued for the purposes of these Regulations shall keep them in a secure place, and failure to do so shall be an offence.
Transitional provisions relating to eartags
11
1
In accordance with paragraphs 1 and 2 of Article 1 of Commission Regulation (EC) No. 2628/97 (laying down detailed rules for the implementation of Council Regulation (EC) No. 820/97 as regards transitional provisions for the start-up period of the system for the identification and registration of bovine animals ) a keeper may, until 1st January 2000, mark cattle using eartags approved under the Bovine Animals (Records, Identification and Movement) Order 1995 provided that he does so in accordance with this regulation; and any person who makes use of those transitional provisions other than in accordance with this regulation shall be guilty of an offence.
2
Where an animal is tagged in accordance with this regulation —
a
it shall be tagged in each ear;
b
both tags shall be marked with the same number;
c
at least one of the eartags shall have been purchased before 1st January 1998;
d
at least one of the tags shall comply with the requirements in Article 3 of Commission Regulation (EC) No. 2629/97 ;
e
eartags used in accordance with this regulation must have been approved by the Minister of Agriculture, Fisheries and Food at the time of purchase.
PART III
CATTLE PASSPORTS
Application and interpretation
12
1
This Part shall apply in relation to cattle born in Great Britain after the coming into force of these Regulations, and to cattle brought into Great Britain on or after that date.
2
Any cattle passport issued under the provision of these Regulations shall remain the property of the appropriate Minister and shall be produced or surrendered to an officer of the appropriate Minister or the local authority on demand; and failure to produce or surrender a cattle passport shall be an offence.
Application for a cattle passport
13
1
Any keeper of cattle shall, subject to the provision of regulation 15 below on calf passports, apply for a cattle passport for all cattle born in Great Britain within the following period —
a
if the animal is born before 1st October 1998, 28 days from the date that the animal must be tagged under these Regulations;
b
if the animal is born on or after 1st October 1998 but before 1st January 2000, 15 days from the date that the animal must be tagged under these Regulations;
c
if the animal is born on or after 1st January 2000, 7 days from the date that the animal must be tagged under these Regulations.
2
An application for a cattle passport shall be made in writing to the appropriate Minister and shall be in such form as the appropriate Minister shall reasonably approve.
3
Any keeper of cattle who fails to apply for a cattle passport in accordance with this regulation shall be guilty of an offence.
4
If a person applies for a cattle passport outside the time limits specified in these Regulations, the cattle passport shall not be granted unless in the opinion of the appropriate Minister it is reasonable to grant it taking into account all the circumstances of the case.
Movement of animals
14
1
In accordance with Article 6.2 of the Council Regulation, and subject to regulation 15 below, any person who moves cattle born after the coming into force of these Regulations on to or off any holding commits an offence unless the animal is accompanied by a cattle passport which —
a
has been issued under Article 6 of the Council Regulation, and
b
is signed in the appropriate place in accordance with Article 6.1 of Commission Regulation (EC) No. 2629/97 and contains the information specified in that Article.
2
An officer of the appropriate Minister may at any time issue a licence for cattle to be moved without a cattle passport if he is satisfied that it is necessary to do so and that it is not practicable to obtain one.
Movement of calves under 28 days without a cattle passport
15
1
The appropriate Minister shall be the competent authority for the purposes of Article 6.2 of Commission Regulation (EC) No. 2629/97 .
2
In accordance with Article 6.2 of Commission Regulation (EC) No. 2629/97 , the requirement for a cattle passport shall not apply in the case of calves under four weeks of age provided that the provisions of that paragraph are complied with.
Imported cattle and cattle from Northern Ireland, the Isle of Man or the Channel Islands
16
1
In the case of cattle imported from outside the European Union or brought in from Northern Ireland, the Isle of Man or the Channel Islands, the animal may not be moved from the holding of destination without a cattle passport, and any person doing so shall be guilty of an offence.
2
In the case of cattle imported from outside the European Union the keeper of the cattle shall apply to the appropriate Minister for a cattle passport within 15 days from the date that the animal must be tagged in accordance with the first paragraph of Article 4.3 of the Council Regulation, and failure to do so shall be an offence.
3
In the case of cattle brought in from Northern Ireland, the Isle of Man or the Channel Islands, the keeper at the holding of destination shall apply for a cattle passport to the appropriate Minister within 15 days of the animal arriving at the holding, and failure to do so shall be an offence.
4
It shall be a defence for any person charged under this regulation to prove that —
a
when the animal was imported, the holding of destination was a slaughterhouse, and
b
the animal was slaughtered within the time limit for applying for a cattle passport.
Cattle from another member State
17
1
If cattle are brought in from another member State, the keeper shall, within 15 days of arrival at the holding of destination, surrender the cattle passport (if any) accompanying the animal to the appropriate Minister and apply to him for a cattle passport under these Regulations and failure to do so shall be an offence.
2
It shall be a defence for any person charged under this regulation to prove that —
a
when the animal was imported, the holding of destination was a slaughterhouse, and
b
the animal was slaughtered within the time limit for applying for a cattle passport,
but in this case the keeper shall give any cattle passport accompanying the animal to the official veterinary surgeon or his representative at the time of slaughter, and failure to do so shall be an offence.
Completion of cattle passports when cattle are moved
18
1
When cattle are moved off a holding, the keeper shall ensure that the cattle passport is marked with the date of movement and is signed in the appropriate place by him.
2
When cattle are moved on to a holding other than a slaughterhouse, the keeper (or, in the case of a market, the operator of the market) shall ensure that the cattle passport is marked with —
a
the date of movement on to the holding,
b
the official County, Parish and Holding number (and Herd number if there is one) of the holding, and
c
the name, address and signature of the keeper (or, in the case of a market, the operator of the market);
within 36 hours of the arrival of the animal on the holding and in any event before it is moved off the holding.
3
When cattle are moved on to a licensed slaughterhouse, the operator shall —
a
record on the passport that the animal has been slaughtered, and the date of slaughter;
b
mark the passport with the name and address of the slaughterhouse;
c
sign it, and
d
give it to the official veterinary surgeon or his representative forthwith.
4
Any person who fails to complete a cattle passport in accordance with this regulation shall be guilty of an offence.
Markets
19
The operator of a market shall ensure that no cattle are accepted into the market for sale, or are sold at a market, unless accompanied by a valid cattle passport; and if any such cattle are accepted for sale or are sold, the operator of the market shall be guilty of an offence.
Slaughterhouses and private kills
20
1
The operator of a licensed slaughterhouse shall ensure that only cattle accompanied by a valid cattle passport are slaughtered for human consumption at the slaughterhouse.
2
On arrival at a licensed slaughterhouse, the keeper of the animals shall give the cattle passport for each animal to the operator of the slaughterhouse.
3
If an animal arrives at a licensed slaughterhouse without a valid cattle passport or with the wrong cattle passport, it shall not be moved from the slaughterhouse except under the authority of a licence granted by the official veterinary surgeon or his representative.
4
If an animal without a valid cattle passport is slaughtered in a licensed slaughterhouse, the operator of the slaughterhouse shall identify the carcase as an animal by-product in accordance with the Animal By-Products (Identification) Regulations 1995 and dispose of it in accordance with the Animal By-Products Order 1992. However, if the cattle passport is not valid only because it has not been signed by the last keeper, the carcase may be sent for human consumption if the keeper or his agent signs the cattle passport within 7 days of slaughter.
5
No person shall slaughter an animal for human consumption outside a licensed slaughterhouse unless the animal has a valid cattle passport.
6
Any person who fails to comply with any provision of this regulation shall be guilty of an offence.
Retention of cattle passports
21
1
A keeper of cattle shall produce the cattle passport for each animal if requested to do so by an inspector, unless the passport is, at the time of the request, in the possession of the appropriate Minister.
2
Whenever cattle are transported, the keeper shall give the cattle passport duly completed to the transporter and the transporter shall ensure that each animal is accompanied throughout its journey by its cattle passport, except that, if the transporter is not the owner of the animals, it shall be a defence for him to prove that he had no reason to believe that the animals were not accompanied by valid cattle passports.
3
When cattle are sold, the seller shall give each animal’s cattle passport duly completed to the buyer (or, if sold through a market, he shall give it to the market operator, who shall then give it to the buyer).
4
Any person who fails to comply with any provision of this regulation shall be guilty of an offence.
Lost cattle passports
22
1
If a cattle passport is lost, stolen or destroyed, the keeper of the animal to which it relates shall notify the appropriate Minister in writing within 14 days of becoming aware of the fact.
2
In the event of notification under paragraph (1), a replacement cattle passport may be provided by the appropriate Minister if the keeper so requests.
3
The appropriate Minister shall only provide a replacement cattle passport if he is satisfied that he can accurately reconstruct the movements of the animal since birth or importation.
4
If a cattle passport has been lost, stolen or destroyed and the appropriate Minister has not provided a replacement, or is unable to provide a replacement because he cannot satisfy himself in accordance with the preceding paragraph, the animal to which it relates shall not be moved off a holding except (under the authority of a licence granted by the appropriate Minister) to a knacker’s yard or hunt kennel.
5
If a person who has obtained a replacement cattle passport subsequently finds the original cattle passport, he shall notify the appropriate Minister within 7 days and enclose with the notification the original cattle passport.
6
Any person who fails to comply with any provision of this regulation shall be guilty of an offence.
Change of eartag number
23
In the event of an animal born on or after 1st July 1996 and before the coming into force of these Regulations being re-tagged with a different eartag number, or an animal from another member State being re-tagged in accordance with regulation 6(4)(b) above, the keeper shall, within 14 days of the new eartag being attached and in any event before the animal is moved off the holding, notify the appropriate Minister of the new eartag number and return the old cattle passport with an application for a new cattle passport to be issued with the new eartag number, and failure to do so shall be an offence.
Fees
24
1
Any person applying for a replacement cattle passport shall pay to the appropriate Minister at the time of application a fee of £50.
2
The fee shall be forfeited if the applicant withdraws the application or the appropriate Minister is unable to obtain sufficient information to issue a replacement passport.
Movement of cattle outside Great Britain
25
1
Where cattle are exported to third countries the keeper shall return all the cattle passports to the appropriate Minister in accordance with Article 6.5 of the Council Regulation; and any person who fails to do so within 7 days of the export shall be guilty of an offence.
2
Where cattle are transported outside Great Britain to a destination within the European Union the transporter shall ensure that each animal is accompanied by its passport, and any person who fails to do so shall be guilty of an offence.
Animal deaths or lost or stolen animals
26
1
If an animal with a cattle passport dies (other than in the circumstances set out in the following regulation), the keeper shall send the cattle passport to the appropriate Minister within 7 days in accordance with Article 6.4 of the Council Regulation and any person who fails to do so shall be guilty of an offence.
2
If an animal with a cattle passport is lost or stolen, the keeper shall send the cattle passport to the appropriate Minister within 7 days of becoming aware of the fact, and any person who fails to do so shall be guilty of an offence.
Return of the cattle passport from slaughterhouses etc.
27
1
Following slaughter, the operator of a licensed slaughterhouse shall immediately give the cattle passport for each animal slaughtered to the official veterinary surgeon or his representative, together with notification of the fact that the animal has been slaughtered.
2
If an animal is slaughtered other than in a licensed slaughterhouse and the carcase is then sent to a licensed slaughterhouse to be dressed for human consumption —
a
the keeper shall send the cattle passport with the carcase to the slaughterhouse;
b
the operator of the slaughterhouse shall not accept the carcase unless it is accompanied by the cattle passport; and
c
the operator shall give the cattle passport to the official veterinary surgeon or his representative together with notification that he has accepted the animal for dressing for human consumption.
3
If an animal is slaughtered for human consumption other than in a licensed slaughterhouse and is not sent to a licensed slaughterhouse for dressing for human consumption, or is killed other than for human consumption and not taken to a knacker’s yard or hunt kennel, the keeper of the animal at the time of slaughter or killing shall send the cattle passport to the appropriate Minister within 7 days.
4
If an animal dies on a holding or is killed other than for human consumption and is taken to a knacker’s yard or hunt kennel, then the person collecting the carcase shall either —
a
send the passport (if it has one) to the appropriate Minister within 21 days of collection, giving the address of the holding of collection and indicating that the animal has died or has been killed; or
b
if the animal did not have a passport, notify the appropriate Minister within 21 days of collection of the ear tag number of the animal and the address and holding of collection.
4
Any person who fails to comply with any provision of this regulation shall be guilty of an offence.
Alterations
28
No person shall alter or deface any information entered, either by the appropriate Minister or by an earlier keeper of the animal, on to a cattle passport before it came into his possession and any person who fails to comply with this regulation shall be guilty of an offence.
PART IV
RECORDS
Records
29
1
Any person who contravenes or fails to comply with any of the following provisions of the Council Regulation and, in the case of a register, fails to complete and keep that register in accordance with this regulation, shall be guilty of an offence —
a
Article 7.1, first indent (keeping of a register);
b
Article 7.3 (provision of information);
c
Article 7.4 (production and retention of the register).
2
The Minister of Agriculture, Fisheries and Food shall be the competent authority for the purposes of Article 7 of the Council Regulation.
3
For the purposes of Article 7.4 of the Council Regulation, the register shall be substantially in the form set out in Schedule 2 to these Regulations, shall contain the information specified in Article 8 of Commission Regulation (EC) No. 2629/97 and shall be completed at the following times —
a
in the case of the movement of an animal on or off a holding, within 36 hours of the movement;
b
in the case of the birth of an animal in a dairy herd, within 7 days of the birth;
c
in the case of the birth of an animal otherwise than in a dairy herd, within 30 days of the birth;
d
in the case of the death of an animal, within 7 days of the death;
e
in the case of a replacement eartag where the animal was tagged under the cattle tagging Orders, within 36 hours of the replacement.
4
In the case of an animal aged under 12 weeks being moved through a market, the market operator shall also keep a register of —
a
the name and address of the seller;
b
the name and address of the buyer;
c
the eartag number of the animal;
d
the date of the sale; and
e
where the animal has been brought to a market within the previous 28 days, the address of that market and the date on which the calf was brought there,
and shall keep such record for three years.
5
For the purposes of Article 7.4 of the Council Regulation, the register under paragraph (3) above shall be kept for 10 years in the case of a farm and 3 years in any other case, in both cases from the end of the calendar year in which the last entry was made; and any record made under the Bovine Animals (Records, Identification and Movement) Order 1995, the Bovine Animals (Identification, Marking and Breeding Records) Order 1990 or the Movement of Animals (Records) Order 1960 shall be kept for the same period.
6
In the case of an animal which is not eartagged, but is marked under the Bovine Animals (Identification, Marking and Breeding Records) Order 1990, the reference to an eartag in the form set out in Schedule 1 to these Regulations is to the mark applied under that Order.
PART V
GENERAL
Powers of inspectors
30
1
An inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to enter any land or premises (other than domestic premises not being used in connection with these Regulations) for the purposes of ascertaining whether there is or has been any contravention of these Regulations; and in this regulation “premises” includes any place, installation, vehicle, ship, vessel, boat, craft, hovercraft or aircraft.
2
An inspector shall have powers to carry out all checks and examinations necessary for the enforcement of Title I of the Council Regulation, Commission Regulation (EC) No. 2628/97 and Commission Regulation (EC) No. 2629/97 and in particular may —
a
collect, pen and inspect any cattle, and may require the keeper to arrange for the collection, penning and securing of cattle;
b
examine any records in whatever form, and take copies of those records;
c
remove and retain any documents and records relating to these Regulations;
d
have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with records, and may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require;
e
where records are kept by means of a computer, may require the records to be produced in a form in which they may be taken away;
f
require production of any unused eartags and record their numbers; and
g
take with him a representative of the European Commission acting for the purposes of Title I of the Council Regulation or any other person he considers necessary for the enforcement of these Regulations.
Powers to restrict movements
31
In accordance with the second paragraph of Article 21 of the Council Regulation, an officer of the appropriate Minister may serve a notice on a keeper of animals on a holding restricting the movement of cattle from the holding if he is satisfied that this is necessary for the proper enforcement of that Regulation, Commission Regulation (EC) No. 2628/97 or Commission Regulation (EC) No. 2629/97 ; and any person who fails to comply with that notice shall be guilty of an offence.
Obstruction
32
1
No person shall —
a
intentionally obstruct any person acting in the execution of these Regulations;
b
without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the purposes of his functions under these Regulations, or fail to comply with any notice served on him under these Regulations; or
c
furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading;
any any person who contravenes or fails to comply with this regulation shall be guilty of an offence.
2
Nothing in paragraph (1)(b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Offences by bodies corporate
33
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate; or
b
any person who was purporting to act in any such capacity;
he, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1) above, “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
3
Where an offence under these Regulations is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
Penalties
34
1
A person guilty of an offence under regulation 32(1)(a) or (b) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
2
A person guilty of any other offence under these Regulations shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both;
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
Enforcement
35
These Regulations shall be enforced by the local authority or —
a
in England, by the Minister of Agriculture, Fisheries and Food;
b
in Wales, by the Secretary of State for Wales;
c
in Scotland, by the Secretary of State for Scotland.
Revocations and savings
36
1
The provisions in Schedule 3 to these Regulations are revoked to the extent specified in the third column of that Schedule.
2
The requirements under the Cattle Passports Order 1996 for animals born after 1st July 1996 relating to cattle passports shall continue to apply after the coming into force of these Regulations as if they were requirements under these Regulations.
3
The following paragraph is substituted for paragraph (2)(b) of regulation 4 of the Suckler Cow Premium Regulations 1993 —
b
retain for such period any records which he has kept under —
i
article 3(1) of the Movement of Animals (Records) Order 1960 and article 9(1) of the Bovine Animals (Identification, Marking and Breeding Records) Order 1990;
ii
article 5(1) of the Bovine Animals (Records, Identification and Movement) Order 1995;
iii
article 7.4 of Council Regulation (EC) No. 820/97 (establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products) and the Cattle Identification (Enforcement) Regulations 1997; or
iv
article 7.4 of Council Regulation (EC) No. 820/97 and the Cattle Identification Regulations 1998;
provided that the suckler cows for which an application for Community premium was made are clearly distinguished from other animals in such records.
.
4
The following paragraph is substituted for paragraph (2)(b) of regulation 13 of the Beef Special Premium Regulations 1996 —
b
retain for such period any records which he has kept under —
i
article 3(1) of the Movement of Animals (Records) Order 1960 and article 9(1) of the Bovine Animals (Identification, Marking and Breeding Records) Order 1990;
ii
article 5(1) of the Bovine Animals (Records, Identification and Movement) Order 1995;
iii
article 7.4 of Council Regulation (EC) No. 820/97 (establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products) and the Cattle Identification (Enforcement) Regulations 1997; or
iv
article 7.4 of Council Regulation (EC) No. 820/97 and the Cattle Identification Regulations 1998;
provided that the animals for which an application for Community premium has been made are clearly distinguished from other animals in such records.
.
Jeff Rooker
Minister of State Ministry of Agriculture, Fisheries and Food
17th March 1998
Sewel
Parliamentary Under Secretary of State Scottish Office
19th March 1998


text:
Citation and commencement
1
These Regulations may be cited as the Statutory Maternity Pay (Compensation of Employers) Amendment Regulations 1998 and shall come into force on 6th April 1998.
Amendment of the Statutory Maternity Pay (Compensation of Employers) and Miscellaneous Amendment Regulations 1994
2
In regulation 3 of the Statutory Maternity Pay (Compensation of Employers) and Miscellaneous Amendment Regulations 1994 (determination of the amount of additional payment to which a small employer shall be entitled) —
a
for “6th April 1997” substitute “6th April 1998”; and
b
for “6.5 per cent.” substitute “7 per cent.”.
Signed by authority of the Secretary of State for Social Security.
John Y. Denham
Parliamentary Under-Secretary of State,
Department of Social Security
3rd March 1998


text:
1
This Order may be cited as the Public Telecommunication System Designation (Eurobell (Holdings) Plc) Order 1998 and shall come into force on 27th February 1998.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Barbara Roche,
Parliamentary Under-Secretary of State for Small Firms, Trade and Industry,Department of Trade and Industry
26th January 1998


text:
Commencement and citation
1
This Order may be cited as The A406 Trunk Road (Hanger Lane, Ealing) Red Route (Prohibited Turns) Traffic Order 1998 and shall come into force on 14th August 1998.
Interpretation
2
In this Order —
a
causing includes permitting;
b
“local bus” has the same meaning as in regulation 4 of the Traffic Signs Regulations and General Directions 1994 ;
c
“A406 Hanger Lane” means the Trunk Road of that name in the London Borough of Ealing;
d
“A4020 Uxbridge Road” means the Local Road of that name in the London Borough of Ealing.
Prohibited Turns
3
Subject to the provisions of article 4 below no person shall cause a vehicle proceeding in the A406 Hanger Lane to turn into the unnamed service road located at the north-west corner of the Hanger Lane/Uxbridge Road junction and running between the A406 Hanger Lane and the A4020 Uxbridge Road.
Exemptions
4
Nothing in article 3 of this Order shall apply to —
a
a local bus;
b
a vehicle being used for fire brigade, ambulance or police purposes;
c
anything done with the permission of or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
5
The A406 Trunk Road (Hanger Lane, Ealing) Red Route (Prohibited Turns) Experimental Traffic Order 1997 is hereby revoked.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
3rd August 1998


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Messengers at-Arms and Sheriff Officers Rules) (Amendment) 1998 and shall come into force on 1st December 1998.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of 1991 Rules
2
1
The Act of Sederunt (Messengers-at-Arms and Sheriff Officers Rules) 1991 shall be amended in accordance with the following sub-paragraphs.
2
In rule 2(1) (interpretation) —
a
after the definition of “Lord President” insert —
“nominated sheriff clerk” means a sheriff clerk nominated by the Secretary of State for the purposes of this Act of Sederunt;
; and
b
the definition of “regional sheriff clerk” shall cease to have effect.
3
In each of rules 7(5)(a), 8(7)(a), 10(3), (4)(a) and (5)(a), 1l(2)(c)(i) and (ii), (4), (5)(a) and (6)(a), 17(i), 18(1)(a), (2)(a) and (4)(a) and 28(5), for the words “regional sheriff clerk” substitute “nominated sheriff clerk”.
Rodger of Earlsferry
Lord President, I.P.D.
Edinburgh
20th October 1998


text:
Citation and commencement
1
This Order may be cited as the London Ambulance Service National Health Service Trust (Establishment) Amendment Order 1998 and shall come into force on 30th November 1998.
Amendment of Establishment Order
2
For article 3 of the London Ambulance Service National Health Service Trust (Establishment) Order 1996 (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) 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–
a
to own and manage pursuant to section 5(1)(a) of the Act Ambulance Headquarters, 220 Waterloo Road, London SE1 8SD and associated premises;
b
to provide and manage pursuant to section 5(1)(b) of the Act premises within the area of Westminster City Council; and
c
from any or all of the premises mentioned in sub-paragraphs (a) and (b) above:–
i
to manage ambulance and associated transport services; and
ii
to manage such other services, relating to the provision of care, as can reasonably be carried out in conjunction with the management of ambulance and associated transport services
.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,
Department of Health
18th November 1998


text:
1
This Order may be cited as the Territorial Sea (Amendment) Order 1998 and shall come into force on 15th November 1998.
2
For the Schedule to the Territorial Waters Order in Council 1964 there shall be substituted the Schedule set out below:
3
The positions of points 1 to 28 are defined by co-ordinates of latitude and longitude on the Ordnance Survey of Great Britain (1936) Datum (OSGB 36).
4
The Territorial Sea (Amendment) Order 1996 is hereby revoked.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government (Discretionary Payments) (Amendment) Regulations 1998 and shall come into force on 31st March 1998 but paragraphs (a), (b), (d), (e), (g) and (h) of regulation 2 shall have effect from 25th July 1996.
2
In these Regulations “the principal Regulations ” means the Local Government (Discretionary Payments) Regulations 1996 .
Amendments to the principal Regulations
2
The principal Regulations shall be amended as follows —
a
in regulation 8(1), by inserting after the words “not exceeding” the words “the shortest of”;
b
in regulation 11 —
i
in paragraph (1)(c)(ii), by substituting for the reference “regulation D6(2)” the reference “regulation D6(1)”, and
ii
in paragraph (2)(b), by substituting for the figure “66” the figure “66⅔”;
c
in regulation 20 —
i
in paragraph (3), by substituting for the words from “calculated as if the amount” to the end of the paragraph the words —
if he is entitled to a surviving spouse’s pension under the LGPS Regulations (or would be so entitled apart from the matters mentioned in paragraph (1)(b)).
,
ii
in paragraph (4), by inserting after the words “a surviving spouse who is entitled to short-term or long-term compensation by virtue of this regulation” the words “and who is the surviving spouse of an eligible person who ceased employment before 1st April 1998”,
iii
in paragraph (5), by inserting after the words “short-term or long-term compensation under this regulation” the words “and is the surviving spouse of an eligible person who ceased employment before 1st April 1998”, and
iv
by adding as paragraph (6) the following —
6
The employing authority may determine by resolution in any case that paragraph (4) or (5), as appropriate, shall not apply.
;
d
in regulation 31, by substituting for paragraph (2) the following —
2
Subject to paragraph (2A), the appropriate authority in relation to any person who is entitled to any compensation under this Part may agree with the employing authority to pay any compensation arising in respect of that person on their behalf and to recover the amount from them within such period (subject to paragraph (2B)) and on such terms as the appropriate authority may determine.
2A
Compensation payable in the form of a lump sum may not be paid from the pension fund maintained by the appropriate authority under the LGPS Regulations.
2B
The amount of any other compensation paid by an appropriate authority on behalf of the employing authority from the pension fund must be recovered from the employing authority within a period of two months from the payment.
;
e
in regulation 44, by substituting “, Part III” for “and Part III” and adding the following at the end —
and Part IV of that Schedule as to coroners.
;
f
by substituting for the table in Schedule 1 the following —
TABLE
Age last birthday Appropriate percentage Male Female
50 6.04 5.61 51 6.12 5.66 52 6.21 5.72 53 6.31 5.80 54 6.45 5.90 55 6.59 6.02 56 6.75 6.13 57 6.92 6.26 58 7.10 6.40 59 7.30 6.55 60 7.51 6.70 61 7.73 6.87 62 7.97 7.05 63 8.23 7.24 64 8.51 7.45
;
g
in paragraph 4 of Schedule 2, by substituting for the reference “regulation 4(3)” the reference “regulation 4(1)”; and
h
by adding the following as Part IV of Schedule 2 —
Part IV
Coroners
10
In relation to coroners, regulations 6(1)(d), 8(1)(b) and 17(1)(b) shall have effect as if for the number 65 there were substituted the number “70”.
.
Retrospective effect
3
Nothing in these Regulations shall place any individual who is qualified to participate in the benefits for which the principal Regulations provide in a worse position than he would have been in if regulation 2 had been framed so as to have effect only from the date of its making.
Signed by authority of the Secretary of State
Nick Raynsford
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
4th March 1998


text:
1
This Order may be cited as the National Crime Squad (Secretary of State’s Objectives) Order 1998 and shall come into force on 13th February 1998.
2
The objectives for the National Crime Squad are —
a
to secure, in co-operation with the Scottish Crime Squad and other law enforcement agencies as necessary, consistent improvement in the quality of operations leading to the arrest and prosecution of individuals or the disruption of criminal enterprises engaged in serious and organised transnational crime which impacts on the United Kingdom;
b
to secure, in co-operation with the Scottish Crime Squad and other law enforcement agencies as necessary, consistent improvement in the quality of operations leading to the arrest and prosecution of individuals or disruption of criminal enterprises engaged in serious and organised crime within the United Kingdom.
Alun Michael
Minister of State
Home Office
20th January 1998


text:
1
This Order may be cited as the Combined Probation Areas (Lancashire) Order 1998 and shall come into force on 1st January 1999.
2
That part of the Combined Probation Areas Order 1986 which relates to the Lancashire Area , shall be amended by–
a
substituting for the reference to Blackpool in column 1 a reference to Blackpool and Fylde;
b
omitting the entry in respect of the petty sessions area of Fylde.
Gareth Williams
Minister of State
Home Office
20th August 1998


text:
Citation and commencement
1
This Order may be cited as the North Staffordshire Combined Healthcare National Health Service Trust (Establishment) Amendment Order 1998 and shall come into force on 11th December 1998.
Amendment of NHS trust Establishment Order
2
For article 3 of the North Staffordshire Combined Healthcare National Health Service Trust (Establishment) Order 1992 (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) 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–
a
to own and manage pursuant to section 5(1)(a) of the Act Bucknall Hospital, Eaves Lane, Bucknall, Stoke-on-Trent ST2 8LD and associated hospitals and premises and there to provide and manage hospital accommodation and services and there and from there to provide and manage community health services;
b
to provide and manage pursuant to section 5(1)(b) of the Act, and at Hilton Road site, Stoke-on-Trent, and there to provide and manage hospital accommodation and services;
c
to provide and manage pursuant to section 5(1)(b) of the Act the premises specified in the Schedule to this Order 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
1st December 1998


text:
1
This Order may be cited as the Coventry Airport (Designation) (Detention and Sale of Aircraft) Order 1998 and shall come into force on 31st August 1998.
2
Coventry Airport is hereby designated for the purposes of section 88 of the Civil Aviation Act 1982.
Signed by authority of the Secretary of State
Glenda Jackson,
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
23rd July 1998


text:
Citation and commencement
1
This Order may be cited as The Protection of Wrecks (Designation No. 2) Order 1998 and shall come into force on 26th November 1998.
Identification of site and designation of restricted area
2
1
The site in respect of which this Order is made is hereby identified as the site where the vessel HMS A1 lies wrecked on the sea bed at Latitude 50°44'.52 North, Longitude 00°55'.19 West.
2
The area within a distance of 100 metres of Latitude 50°44'.52 North, Longitude 00°55'.19 West, but excluding any part of that area which lies above high water mark of ordinary spring tides, shall be a restricted area for the purposes of the Protection of Wrecks Act 1973.
Alan Howarth
Parliamentary Under Secretary of State,
Department for Culture, Media and Sport
4th November 1998


text:
Citation and commencement
1
This Order may be cited as the Local Authorities (Goods and Services) (Public Bodies) (No. 4) Order 1998 and shall come into force on 21st July 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:
Community Initiative Partnerships
Hounslow Cultural and Community Services
Hounslow Sport and Recreation Services.
Restrictions on agreements
3
Agreements which may be entered into by virtue of this Order by the bodies named in article 2 above shall be restricted to agreements with the council of the London Borough of Hounslow for the provision of administrative, professional or technical services by that authority to those bodies, in connection with the provision or management of leisure activities by those bodies within 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
22nd June 1998
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under-Secretary of State, Welsh Office
25th June 1998


text:
1
The length of the trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a principal road as from the date on which this Order comes into force.
2
In this Order: —
1
All measurements of distance are measured along the route of the trunk road;
2
i
“the deposited plan” means the plan numbered HA 10/2 WO123 marked the “Newport-Shrewsbury Trunk Road A4042 (Croes-y-Mwyalch Roundabout to Woodlands Roundabout) De-Trunking Order 1998”, signed by authority of the Secretary of State and deposited at the Welsh Office Repository, Curran Embankment, Cardiff;
ii
“principal road” as a classification for a highway means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads, and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State;
iii
“the trunk road” means the Newport–Shrewsbury Trunk Road (A4042).
3
This Order shall come into force on the 14th May 1998 and may be cited as the Newport-Shrewsbury Trunk Road A4042 (Croes-y-Mwyalch Roundabout to Woodlands Roundabout) De-Trunking Order 1998.
Signed by authority of the Secretary of State for Wales
D M Timlin
Head of Roads Administration Welsh Office
21st April 1998


text:
1
1
These Regulations may be cited as the Inheritance Tax (Delivery of Accounts) Regulations 1998, shall come into force on 1st July 1998 and shall have effect in relation to deaths occurring on or after 6th April 1998.
2
These Regulations do not extend to Scotland or Northern Ireland.
2
In regulation 3 of the Capital Transfer Tax (Delivery of Accounts) Regulations 1981 , for the definition of “an excepted estate” there shall be substituted the following definition —
“an excepted estate” means the estate of a person immediately before his death in a case where —
that person died on or after 6th April 1998, domiciled in the United Kingdom;
the value of that person’s estate is attributable wholly to property passing under his will or intestacy or under a nomination of an asset taking effect on death or by survivorship in a beneficial joint tenancy;
of that property not more than £50,000 represented value attributable to property which, immediately before that person’s death, was situated outside the United Kingdom;
that person died without having made any chargeable transfers during the period of seven years ending with his death other than specified transfers where the aggregate value transferred did not exceed £75,000; and
the aggregate of the gross value of that person’s estate and of the value transferred by any specified transfers made by that person did not exceed £200,000;
and in paragraphs (d) and (e) of this definition “specified transfers” means chargeable transfers made during the period of seven years ending with that person’s death where the value transferred is attributable to cash or to quoted shares or securities;
.
S C T Matheson
C W Corlett
Two of the Commissioners of Inland Revenue
9th June 1998


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


text:
Citation and commencement
1
This Order may be cited as the Salford & Trafford 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 Salford & Trafford 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
one or more persons appointed by each partner, the maximum number of persons who may be appointed by each partner being specified in Schedule 1 to this Order, unless any partner chooses not to make such an appointment.
5
The Forum may at any time appoint–
a
up to 4 additional members from persons appearing to them to represent the businesses in the area served by the zone schools;
b
one or two additional members from persons appearing to them to represent parents of children of compulsory school age who reside in the area served by the zone schools;
c
up to 3 additional members from persons appearing to them to represent the community and voluntary sector in the area served by zone schools;
d
one additional member from persons appearing to them to represent teachers associations recognised by Trafford Metropolitan Borough Council;
e
one additional member from persons appearing to them to represent teachers associations recognised by Salford City Council; and
f
either one or two additional members from persons appearing to them to represent the interests of institutions within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992 ) in the area served by zone schools.
Disqualification from membership of the Forum
6
Articles 7 to 9 shall have effect for the purpose of prescribing the circumstances and cases in which a person is to be disqualified for holding, or continuing to hold, office as a member of the Forum.
Disqualification from membership of Forum – bankruptcy etc
7
1
Subject to the provisions of this regulation, a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if he has been adjudged bankrupt or has made a composition or arrangement with his creditors; and a member, on becoming so disqualified, shall give written notice of the fact to the secretary to the Forum.
2
Where a person is disqualified by reason of his having been adjudged bankrupt, that disqualification shall cease–
a
unless the bankruptcy order made against that person is previously annulled, on his discharge from bankruptcy; and
b
if the bankruptcy order is so annulled, on the date of the annulment.
3
Where a person is disqualified by reason of his having made a composition or arrangement with his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed and in any other case it shall cease on the expiration of three years from the date on which the terms of the deed of composition or arrangement are fulfilled.
Disqualification from membership of Forum – criminal convictions
8
1
Subject to paragraph (2) a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if–
a
within five years before his appointment would otherwise have taken effect or since his appointment, he has been convicted, whether in the United Kingdom or elsewhere, of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;
b
within twenty years before his appointment would otherwise have taken effect, he has been convicted as aforesaid and has had passed on him a sentence of imprisonment for a period of more than two and a half years; or
c
he has at any time been convicted as aforesaid and has had passed on him a sentence of imprisonment of not less than five years.
2
For the purposes of this regulation there shall be disregarded any conviction by or before a court outside the United kingdom of an offence in respect of conduct which, if it had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom.
Disqualification – absence from meetings
9
Any member of the Forum who, without the consent of the Forum has failed to attend the meetings thereof for a continuous period of six months beginning with the date of a meeting shall, on the expiry of that period, be disqualified for continuing to be a member of the Forum without prejudice however, to his re-appointment.
Chairman’s tenure of office
10
The chairman of the Forum elected in accordance with paragraph 2 of Schedule 1 to the Act, shall hold office for one year from the date of his election (unless he resigns his office earlier), without prejudice to his eligibility to be re-elected for a further such period.


text:
Citation and commencement
1
This Order may be cited as the North Wales Ambulance National Health Service Trust (Dissolution) Order 1998 and shall come into force on 1st April 1998.
Dissolution of NHS Trust
2
The North Wales Ambulance National Health Service Trust established by the North Wales Ambulance National Health Service Trust (Establishment) Order 1993 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
26th February 1998


text:
1
This Order may be cited as the Combined Probation Areas (Suffolk) Order 1998 and shall come into force on 1st January 1999.
2
For that part of the Combined Probation Areas Order 1986 which relates to the Suffolk Probation Area there shall be substituted the following:
(1) (2) (3) Petty Sessions Area Probation Area Number of justices on probation committee
Deben Suffolk 1 Haverhill and Sudbury 2 Ipswich 2 North East Suffolk 2 North West Suffolk 1 St Edmundsbury and Stowmarket 2
3
The two members of the Suffolk Probation Committee appointed before 1st January 1999 by the justices for the petty sessions areas of Haverhill and Sudbury shall continue in office as if appointed by the justices for the new petty sessions area of Haverhill and Sudbury .
4
The two members of the Suffolk Probation Committee appointed before 1st January 1999 by the justices for the petty sessions areas of St Edmundsbury and Stowmarket shall continue in office as if appointed by the justices for the new petty sessions area of St Edmundsbury and Stowmarket .
Paul Boateng
Minister of State
Home Office
22nd December 1998


text:
Citation and commencement
1
1
These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No.3) Regulations 1998 and this regulation and regulation 2 of these Regulations shall come into force on 1st June 1998.
2
Regulation 3 of these Regulations shall come into force on 2nd June 1998 but in the case of a claimant for disability working allowance or family credit who has an award of either of these benefits which is current on 2nd June 1998, that regulation shall have effect as from the day following the expiration of that award.
3
Regulation 4 of these Regulations shall come into force on 1st June 1998 but in the case of a claimant for income support whose benefit week does not commence on that date, that regulation shall have effect from the first day of the first benefit week to commence for that claimant after that date.
4
In paragraph (3) of this regulation, the expressions “benefit week” and “claimant” shall have the same meanings as in regulation 2(1) of the Income Support (General) Regulations 1987 .
5
Regulation 5 of these Regulations shall come into force on 1st June 1998 but in the case of a claimant for a jobseeker’s allowance whose benefit week does not commence on that date, that regulation shall have effect from the first day of the first benefit week to commence for that claimant after that date.
6
In paragraph (5) of this regulation, the expression “benefit week” shall have the same meaning as in regulation 1(3) of the Jobseeker’s Allowance Regulations 1996 .
Amendment of the Council Tax Benefit (General) Regulations 1992 and the Housing Benefit (General) Regulations 1987
2
For paragraph 29 of Schedule 4 to the Council Tax Benefit (General) Regulations 1992 and paragraph 28 of Schedule 4 to the Housing Benefit (General) Regulations 1987 (sums to be disregarded in the calculation of income other than earnings) there shall be substituted the following paragraph bearing the respective paragraph number —
—
1
Subject to sub-paragraph (2), any payment received under an insurance policy taken out to insure against the risk of being unable to maintain repayments —
a
on a loan which is secured on the dwelling which the claimant occupies as his home; or
b
under a regulated agreement as defined for the purposes of the Consumer Credit Act 1974 or under a hire-purchase agreement or a conditional sale agreement as defined for the purposes of Part III of the Hire-Purchase Act 1964 .
2
A payment referred to in sub-paragraph (1) shall only be disregarded to the extent that the payment received under that policy does not exceed the amounts, calculated on a weekly basis, which are used to —
a
maintain the repayments referred to in sub-paragraph (1)(a) or, as the case may be, (b); and
b
meet any amount due by way of premiums on —
i
that policy; or
ii
in a case to which sub-paragraph (1)(a) applies, an insurance policy taken out to insure against loss or damage to any building or part of a building which is occupied by the claimant as his home and which is required as a condition of the loan referred to in sub-paragraph (1)(a).
.
Amendment of the Disability Working Allowance (General) Regulations 1991 and of the Family Credit (General) Regulations 1987
3
In both Schedule 3 to the Disability Working Allowance (General) Regulations 1991 and Schedule 2 to the Family Credit (General) Regulations 1987 (sums to be disregarded in the calculation of income other than earnings), after paragraph 25, there shall be inserted the following paragraph —
25A
1
Subject to sub-paragraph (2), any payment received under an insurance policy taken out to insure against the risk of being unable to maintain repayments —
a
on a loan which is secured on the dwelling which the claimant occupies as his home; or
b
under a regulated agreement as defined for the purposes of the Consumer Credit Act 1974 or under a hire-purchase agreement or a conditional sale agreement as defined for the purposes of Part III of the Hire-Purchase Act 1964.
2
A payment referred to in sub-paragraph (1) shall only be disregarded to the extent that the payment received under that policy does not exceed the amounts, calculated on a weekly basis, which are used to —
a
maintain the repayments referred to in sub-paragraph (1)(a) or, as the case may be, (b); and
b
meet any amount due by way of premiums on —
i
that policy; or
ii
in a case to which sub-paragraph (1)(a) applies, an insurance policy taken out to insure against loss or damage to any building or part of a building which is occupied by the claimant as his home and which is required as a condition of the loan referred to in sub-paragraph (1)(a).
.
Amendment of the Income Support (General) Regulations 1987
4
In Schedule 9 to the Income Support (General) Regulations 1987 (sums to be disregarded in the calculation of income other than earnings) —
a
in sub-paragraph (1) of paragraph 30, after the words “paragraph 29” there shall be inserted the words “or 30ZA”;
b
after paragraph 30 there shall be inserted the following paragraph —
30ZA
1
Subject to sub-paragraph (2), any payment received under an insurance policy, other than an insurance policy referred to in paragraph 29, taken out to insure against the risk of being unable to maintain repayments under a regulated agreement as defined for the purposes of the Consumer Credit Act 1974 or under a hire-purchase agreement or a conditional sale agreement as defined for the purposes of Part III of the Hire-Purchase Act 1964.
2
A payment referred to in sub-paragraph (1) shall only be disregarded to the extent that the payment received under that policy does not exceed the amounts, calculated on a weekly basis, which are used to —
a
maintain the repayments referred to in sub-paragraph (1); and
b
meet any amount due by way of premiums on that policy.
.
Amendment of the Jobseeker’s Allowance Regulations 1996
5
In Schedule 7 to the Jobseeker’s Allowance Regulations 1996 (sums to be disregarded in the calculation of income other than earnings) —
a
in sub-paragraph (1) of paragraph 31, after the words “paragraph 30” there shall be inserted the words “or 31A”;
b
after paragraph 31 there shall be inserted the following paragraph —
31A
1
Subject to sub-paragraph (2), any payment received under an insurance policy, other than an insurance policy referred to in paragraph 30, taken out to insure against the risk of being unable to maintain repayments under a regulated agreement as defined for the purposes of the Consumer Credit Act 1974 or under a hire-purchase agreement or a conditional sale agreement as defined for the purposes of Part III of the Hire-Purchase Act 1964.
2
A payment referred to in sub-paragraph (1) shall only be disregarded to the extent that the payment received under that policy does not exceed the amounts, calculated on a weekly basis, which are used to —
a
maintain the repayments referred to in sub-paragraph (1); and
b
meet any amount due by way of premiums on that policy.
.
Signed by authority of the Secretary of State for Social Security.
Keith Bradley
Parliamentary Under-Secretary of State,
Department of Social Security
6th May 1998