text:
Citation and commencement
1
This Order may be cited as the CfBT/Lambeth 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 CfBT/Lambeth 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 person appointed by each partner, unless any partner chooses not to make such an appointment.
5
The Forum may at any time appoint–
a
up to 6 additional members appearing to them to represent the interests of business in the area served by the zone schools;
b
one additional member appearing to them to represent the interests of Southwark Diocesan Board of Education;
c
either one or two additional members 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 area served by the zone schools;
d
up to 6 additional members appearing to them to represent the voluntary, community and charitable sectors in the area served by the zone schools;
e
one additional member appearing to them to represent the health sector in the area served by the zone schools;
f
one additional member from persons appearing to them to represent the social services department of the Council of the London Borough of Lambeth;
g
one additional member appearing to them to represent the Metropolitan Police force;
h
one additional member who is a member of the Council of the London Borough of Lambeth;
i
either one or two members appearing to them to represent head teachers of zone schools;
j
one member appearing to them to represent the staff at zone schools; and
k
up to 3 other members appearing to them to be able to further the objects of the zone.
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 clerk 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 arrangements 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.


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Police (Secretary of State’s Objectives) Order 1998 and shall come into force on 1st April 1998.
2
The Police (Secretary of State’s Objectives) Order 1994 is hereby revoked.
3
The objectives for the policing of the areas of all police authorities established under section 3 of the Police Act 1996 are —
a
to deal speedily and effectively with young offenders and to work with other agencies to reduce re-offending;
b
to target and reduce local problems of crime and disorder in partnership with local authorities, other local agencies and the public;
c
to target drug-related crime in partnership with other local agencies;
d
to maintain and, if possible, increase the number of detections for violent crime;
e
to increase the number of detections for burglaries of people’s homes; and
f
To respond promptly to emergency calls from the public.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
4th February 1998


text:
Citation and commencement
1
These Regulations may be cited as the Medicines (Pharmacies) (Applications for Registration and Fees) Amendment Regulations 1998 and shall come into force on 1st January 1999.
Amendment of the Medicines (Pharmacies) (Applications for Registration and Fees) Regulations 1973
2
In regulation 3 of the Medicines (Pharmacies) (Applications for Registration and Fees) Regulations 1973 (fees) —
a
in paragraph (1) (fee for registration of premises), for “£131” substitute “£135” and for “£71” (fee where premises are in Northern Ireland) substitute “£73”;
b
in paragraph (2) (retention fee), for “£84” substitute “£87” and for “£66” (fee where premises are in Northern Ireland) substitute “£68”;
c
in paragraph (3) (additional sum by way of penalty), for “£270” substitute “£278” and for “£202” (sum where premises are in Northern Ireland) substitute “£208”.
Revocation
3
The Medicines (Pharmacies) (Applications for Registration and Fees) Amendment Regulations 1997 are hereby revoked.
Signed by the authority of the Secretary of State for Health,
Alan Milburn
Department of Health, Minister of State
8th December 1998
Signed by the authority of the Secretary of State for Wales,
Jon Owen Jones
The Welsh Office, Parliamentary Under Secretary of State
8th December 1998
Sam Galbraith
The Scottish Office, Minister for Health
9th December 1998
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this
D. C. Gowdy
Permanent Secretary
8th day of December 1998.


text:
1
This Order may be cited as the Police (Health and Safety) Act 1997 (Commencement) Order 1998.
2
The Police (Health and Safety) Act 1997 shall, insofar as it is not already in force, come into force on 1st July 1998.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
23rd June 1998


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Guardian’s Allowances) Amendment Regulations 1998 and shall come into force on 31st August 1998.
Amendment of the Social Security (Guardian’s Allowances) Regulations 1975
2
In regulation 4(1) of the Social Security (Guardian’s Allowances) Regulations 1975 (children of divorced persons, etc. ) for the words from “there was no order” to “of the Act” the following words shall be substituted —
there was neither —
an order of a court granting custody of the child to that other parent or imposing any liability on him for the child’s maintenance; nor
a maintenance assessment as defined in section 54 of the Child Support Act 1991 in force in respect of that other parent and the child,then section 77(2) of the Social Security Contributions and Benefits Act 1992
.
Signed by authority of the Secretary of State for Social Security.
Patricia Hollis
Parliamentary Under-Secretary of State,
Department of Social Security
22nd July 1998


text:
Commencement and citation
1
This Order may be cited as The A205 Trunk Road (Greenwich) Red Route Experimental Traffic Order 1997 Variation Order 1998, and shall come into force on 17th April 1998.
Variations
2
The A205 Trunk Road (Greenwich) Red Route Experimental Traffic Order 1997 is varied as provided by the following provisions of this Order.
3
In Schedule 4 item 14 is substituted as follows:
from the western flank wall of No. 410 Westhorne Avenue, to the north-eastern kerb-line of the junction with A20 Sidcup Road (at Clifton’s roundabout)
Power to modify or suspend this Order
4
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
6th April 1998


text:
Commencement and citation
1
This Order may be cited as The A41 Trunk Road (Camden) Red Route (Bus Priority) Traffic Order 1998, and shall come into force on 31st December 1998.
Interpretation
2
In this Order —
a
a reference to an article or schedule followed by a number is a reference to the article of, or schedule to, this Order so numbered;
b
causing includes permitting;
c
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ; and
d
“vehicle” includes part of a vehicle;
e
“bus”, “local bus”, “pedal cycle”, “taxi”, “traffic lane”, “contra-flow” and “with-flow lane” have the meanings given in the Traffic Signs Regulations and General Directions 1994 ;
f
“bus lane” means a traffic lane on a length of road which is specified in column (2) in the table in schedule 1 and in respect of which traffic signs are in place indicating the controls specified in this Order;
g
“bus-only route” means an area of road which is specified in column (2) in the table in schedule 2 and in respect of which traffic signs are in place indicating the controls specified in this Order;
h
“dial-a-ride bus” means a vehicle —
i
displaying so as to be conspicuous on the outside of the vehicle a logo in a form approved by or with the authority of the Traffic Director for London and containing the words “dial-a-ride”; and
ii
constructed or adapted for the carriage of disabled persons and their companions and which is being used to provide a service for the carriage of such persons;
i
“times of operation” means
in relation to a bus lane specified in an item in column (2) of the table in schedule 1, the times specified in column (3) of that item, and
in relation to a bus-only route specified in an item in column (2) of the table in schedule 2, the times specified in column (3) of that item;
j
an entry in column (3), (4) or (5) of an item in the table in schedule 1 or 2 applies to that column in subsequent items in that table.
Bus Priority Controls
3
1
Except as provided in articles 4 and 5, no person shall cause a vehicle to be in a bus lane in a length of road specified in an item in column (2) of the table in schedule 1 during the times specified in that item in column (3) of that item unless that vehicle is proceeding in the direction specified in column (4) of that item and is of a type specified in column (5) of that item.
2
Except as provided in article 5, no person shall cause a vehicle to be in a bus-only route in an area of road specified in an item in column (2) of the table in schedule 2 during the times specified in that column (3) of that item unless that vehicle is proceeding in the direction or directions specified in column (4) of that item and is of a type specified in column (5) of that item.
Exemptions-Bus Lanes
4
1
The controls specified in article 3(1) do not apply so as to prevent a vehicle being in a bus lane if and for as long as necessary —
a
to enable a person to get on or off the vehicle; or
b
to enable goods to be loaded on to or unloaded from the vehicle;
if and in so far as the activity is not prohibited by the provisions of any other Order.
2
The controls specified in article 3(1) do not apply in respect of a vehicle which is being used for a purpose which is within an exemption to a restriction or prohibition imposed by any other Order or which is permitted by any other Order.
3
The controls specified in article 3(1) do not apply in respect of a vehicle crossing a bus lane to get to or from any road adjacent to the bus lane or any vehicular access to premises adjacent to the bus lane.
Exemptions-Bus Lanes and Bus-Only Routes
5
1
The controls specified in articles 3(1) and 3(2) do not apply in respect of a vehicle being in a bus lane or a bus-only route if the vehicle is being used in–
a
the service of a local authority for the purpose of collecting refuse;
b
the pursuance of any statutory duty of the Post Office for the purpose of collecting or delivering letters provided the vehicle bears the Royal Mail livery;
c
connection with the removal of any obstruction to traffic;
d
connection with the maintenance, improvement or reconstruction of any road;
e
connection with the maintenance, improvement or construction of any street furniture including bus stop infrastructure;
f
connection with any building operation or demolition;
g
connection with the laying, erection, alteration or repair in or near the bus lane of any sewer or of any main, pipe or apparatus for the supply of gas, water or electricity, or of any telecommunications apparatus as defined in paragraph 1(1) of Schedule 2 of the Telecommunications Act 1984 ;
if the vehicle cannot be used for that purpose without being in the bus lane or the bus-only route and in so far as the activity is not prohibited by the provisions of any other Order.
2
The controls specified in article 3(1) and 3(2) do not apply in respect of a vehicle being in a bus lane or bus-only route —
a
so as to avoid an accident;
b
to allow a person to get or give help in consequence of an accident or emergency or otherwise take action for public safety;
c
to such an extent and for such a time as is needed to comply with any requirement resulting from works or an emergency in any part of the road adjoining the bus lane or bus-only route;
3
The controls specified in articles 3(1) and 3(2) do not apply in respect of anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
6
The Camden & Westminster (Bus Lane) ( No. 2) Traffic Order 1992, The Camden (Bus Lanes) (No. 2) Traffic Order 1984, The Camden (Bus Lane) (No. 1) Traffic Order 1980, The Camden (Bus Lanes) (No. 1) (1975) (Amendment No. 1) Traffic Order 1978, The Camden (Bus Lanes) (No. 1) Traffic Order 1975 and The A41 Trunk Road (Camden) Red Route (Bus Lanes) Traffic Order 1998 are hereby revoked in so far as their provisions relate to any length of road specified in the tables in the schedules to this Order.
Signed in accordance with a direction from the Secretary of State
Derek Turner
Traffic Director for London
18th December 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (No. 2) Order 1998 and shall come into force on 1st April 1998.
2
In this Order
“the 1988 Act ” means the Local Government Act 1988.
Exemptions
2
1
An activity specified in the second column of the Schedule to this Order shall not be treated as a defined activity so long as it is carried out —
a
by the defined authority in relation to which that activity is specified and which is listed in column 1 of the Schedule to this Order; and
b
during the period beginning with 1st April 1998 and ending on 31st March 2001.
2
The maintenance of ground by the council of the Metropolitan Borough of Solihull shall not be treated as a defined activity so long as it is carried out in respect of cemeteries and crematorium grounds [in their area] during the period beginning with 1st April 1998 and ending on 31st March 2001.
Revocations
3
1
All directions given by the Secretary of State under section 14(2) and (3) (power to give directions) of the 1988 Act to any of the authorities mentioned in article 2 above are hereby revoked.
2
In The Local Government Act 1988 (Defined Activities) (Exemption) (Craven, Kerrier and Mid-Devon District Councils and Middlesbrough Borough Council) Order 1997 , article 2(2) is hereby revoked.
Signed by authority of the Secretary of State,
Nick Raynsford
Minister of State
Department of the Environment, Transport and the Regions
9th March 1998


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemptions) (Castle Morpeth Borough Council and West Somerset and Uttlesford District Councils) Order 1998 and shall come into force on 17th September 1998.
Exemptions of sports and leisure facilities management
2
1
The management of sports and leisure facilities by the council of the borough of Castle Morpeth shall not be treated as a defined activity so long as it is carried out in that borough during the period beginning with 1st January 1999 and ending on 31st December 1999.
2
The management of sports and leisure facilities by the council of the district of West Somerset shall not be treated as a defined activity so long as it is carried out during the period beginning with 17th September 1998 and ending on 1st March 2000, in the Aquasplash Leisure Centre, Seaward Way, Minehead.
Exemption of financial services
3
The provision of financial services by the council of the district of Uttlesford shall not be treated as a defined activity so long as it is carried out in that borough during the period beginning with 1st April 1999 and ending on 31st March 2000.
Signed by authority of the Secretary of State
Nick Raynsford
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
19th August 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Travelling Expenses and Remission of Charges) Amendment Regulations 1998 and shall come into force on 1st October 1998.
2
In these Regulations “the principal Regulations ” means the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 .
Amendment of regulation 3 of the principal Regulations
2
In paragraph (2)(b) of regulation 3 of the principal Regulations (entitlement to full remission and payment) after “Act” there shall be added “or of section 20(1) of the National Health Service (Primary Care) Act 1997 .”.
Amendment of regulation 5 of the principal Regulations
3
1
Regulation 5 of the principal Regulations (persons entitled to remission in part or payment in part) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (2) after “section 79(1) of the Act” there shall be inserted “or of section 20(1) of the National Health Service (Primary Care) Act 1997”.
3
For sub-paragraph (b) of paragraph (4) there shall be substituted–
b
in the case of a charge–
i
for dental treatment or for the supply of a dental appliance under Part II of the Act (general dental services), or
ii
for dental treatment under Part I of the National Health Service (Primary Care) Act 1997 (personal dental services),
the charge made for one course of treatment, including any charge made for a dental appliance supplied in that course of treatment;
.
4
In paragraph (4)(c) after “Act” there shall be inserted “or under Part I of the National Health Service (Primary Care) Act 1997”.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,
Department of Health
30th September 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Dacorum (Electoral Changes) Order 1998.
2
This Order shall come into force on 6th May 1999, except that for the purpose of all proceedings preliminary or relating to an election to be held on or after that date this Order shall come into force on the day after that on which it is made.
3
In this Order–
“the borough” means the borough of Dacorum;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to “the map” is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the Borough of Dacorum (Electoral Changes) Order 1998”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of Dacorum
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-seven 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 Berkhamsted
3
1
The existing wards of the parish of Berkhamsted shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Berkhamsted Castle, Berkhamsted East and Berkhamsted West and each parish ward shall comprise the area of the ward of the borough bearing the same name and the number of councillors to be elected for each parish ward shall be five.
Wards of the parish of Tring
4
1
The existing wards of the parish of Tring shall be abolished.
2
The parish of Tring shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the borough ward specified in column (2) of that Schedule and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Revocation
5
The Borough of Dacorum (Electoral Arrangements) Order 1976 is hereby revoked.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
16th October 1998


text:
Citation and extent
1
1
This Order may be cited as the Housing Grants, Construction and Regeneration Act (England and Wales) (Commencement No. 4) Order 1998.
2
This Order shall extend only to England and Wales.
Commencement
2
Sections 104 to 117 of the Housing Grants, Construction and Regeneration Act 1996 (in so far as they are not already in force) shall come into force on 1st May 1998.
Signed by authority of the Secretary of State
Nick Raynsford
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
6th March 1998


text:
Citation and commencement
1
These Regulations may be cited as the Motor Cycles (Protective Helmets) Regulations 1998 and shall come into force on 21st August 1998.
Revocation
2
The Regulations specified in Schedule 1 to these Regulations are hereby revoked.
Interpretation
3
In these Regulations —
a
“ EEA State” means a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;
b
a reference to a numbered regulation is a reference to the regulation so numbered in these Regulations; and
c
a reference to a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference occurs.
Protective headgear
4
1
Save as provided in paragraph (2), every person driving or riding (otherwise than in a side-car) on a motor bicycle when on a road shall wear protective headgear.
2
Nothing in paragraph (1) shall apply to any person driving or riding on a motor bicycle if —
a
it is a mowing machine; or
b
it is for the time being propelled by a person on foot.
3
In this regulation —
“motor bicycle” means a two-wheeled motor cycle, whether or not having a side-car attached, and for the purposes of this definition where the distance measured between the centre of the area of contact with the road surface of any two wheels of a motor cycle is less than 460 millimetres, those wheels shall be counted as one wheel;
“protective headgear” means a helmet which —
either —
bears a marking applied by its manufacturer indicating compliance with the specifications contained in one of the British Standards (whether or not as modified by any amendment) mentioned in Schedule 2 to these Regulations; or
is of a type manufactured for use by persons on motor cycles which by virtue of its shape, material and construction could reasonably be expected to afford to the wearer a degree of protection from accidental injury similar to or greater than that provided by a helmet of a type prescribed by regulation 5;
if worn with a chin cup attached to or held in position by a strap, is provided with an additional strap (to be fastened under the wearer’s jaw) for securing the helmet to the head; and
is securely fastened to the head by means of straps provided for that purpose; and
“strap” includes any fastening device.
Prescribed types of recommended helmet
5
1
The types of helmet hereby prescribed as types of helmet recommended as affording protection to persons on or in motor cycles from injury in the event of an accident are helmets which as regards their shape, construction and other qualities conform —
a
with British Standard 6658:1985 as amended by Amendment Slip number 1 published on 28th February 1986 and are marked with the number of that standard, or
b
with any other standard accepted by an EEA State which offers in use equivalent levels of safety, suitability and fitness for purpose and are marked with a mark to indicate that standard,
and in either case are marked with an approved certification mark of an approved body (whether or not they are required to be so marked by the standard in point).
2
For the purposes of this regulation —
a
an approved certification mark is —
i
the certification mark of the British Standards Institution; or
ii
a certification mark which indicates that a conformity assessment equivalent to that of the British Standards Institution has been undertaken, and
b
an approved body is —
i
the British Standards Institution; or
ii
any body approved by an EEA State to undertake conformity assessments equivalent to those undertaken by the British Standards Institution.
Saving for the Trade Descriptions Act 1968 and the Consumer Protection Act 1987
6
Nothing in regulation 5(1) shall be taken to authorise any person to apply any number or mark referred to therein in contravention of the Trade Descriptions Act 1968 or the Consumer Protection Act 1987 .
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Helene Hayman
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
22nd July 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Tayside University Hospitals 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 Tayside University Hospitals 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 Tayside University Hospitals 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 Ninewells Hospital and Medical School, Dundee and at establishments associated with that hospital, and also including the management of any teaching and research facilities associated with those establishments and the support services related thereto.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1999.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions–
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment;
c
of doing such other things as are reasonably necessary for the said purposes.
Assistance by Health Board before operational date
7
1
The Tayside 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 Tayside 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 Motor Vehicles (Type Approval of Reduced Pollution Adaptations) Regulations 1998 and shall come into force on 1st January 1999.
Interpretation
2
In these Regulations–
“reduced pollution device” means a device fitted to the engine of a motor vehicle for the purpose of adapting it so that it meets the reduced pollution requirements;
“the reduced pollution requirements” means the requirements prescribed by regulation 5 of the Vehicle Excise Duty (Reduced Pollution) Regulations 1998 .
Prescribed requirements
3
1
The requirements specified in paragraphs (2) and (3) below are hereby prescribed as type approval requirements for reduced pollution devices.
2
In relation to a vehicle which at the time it was first used was required to meet, or did meet, the requirements as to the rate and content of its particulate emissions specified in an instrument referred to in column (2) of an item in the table below, the prescribed requirements are that the vehicle is so adapted that, when it is tested in accordance with the requirements specified by paragraph (4), the rate and content of its particulate emissions do not exceed the number of grams per kilowatt-hour specified in column (3) of the item.
TABLE
(1) (2) (3) Item Instrument setting standard to which vehicle was first used Rate and content of particulate emissions after adaptation (grams per kilowatt-hour)
1 Directive 88/77/ EEC 0.16 2 Directive 91/542/EEC (limits A) 0.16 3 Directive 91/542 (limits B) 0.08 4 European Commission Proposal (COM (97) 627) for a European and Council Directive amending Council Directive 88/77 0.04
3
A reduced pollution device must be legibly and indelibly marked with a unique marking in such a way as to identify its type.
4
The requirements in accordance with which a vehicle is to be tested for the purposes of paragraph (2) are the requirements of the Schedule to these Regulations.
Application of the Motor Vehicles (Type Approval for Goods Vehicles) Regulations 1982
4
1
Regulations 7, 13, 14(1) and (3) and 15 to 18 of the Motor Vehicles (Type Approval for Goods Vehicles) Regulations 1982 (“the 1982 Regulations ”) apply in relation to the type approval of reduced pollution devices as they apply in relation to the type approval of vehicle parts under those Regulations, but subject to the modifications specified in paragraphs (2) to (4) of this regulation.
2
In regulation 15 of the 1982 Regulations, paragraph (1) shall have effect as if there were omitted–
a
the words “or Minister’s Approval Certificate”; and
b
sub-paragraph (b).
3
The form of information document for a vehicle part in Part II of Schedule 2 to the 1982 Regulations shall have effect as if, for the paragraph headed “ Detailed specification ” there were substituted–
Detailed specification
The above information should be supplemented by–
i
the data relevant to the vehicle part or characteristic as listed in the information document specified in the Appendix to Council Directive 88/77/EEC on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from diesel engines for use in vehicles as amended by Council Directive 91/542/EEC ;
ii
any additional technical data reasonably required to enable the Secretary of State to assess the performance of the vehicle part or characteristic in question.
4
Part II of Schedule 3 to the 1982 Regulations (form of type approval certificate for a vehicle part) shall have effect as if for the words “the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982” there were substituted “the Motor Vehicles (Type Approval of Reduced Pollution Adaptations) Regulations 1998”.
Signed by authority of the Secretary of State
Larry Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
9th December 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Special Trustees for the Middlesex Hospital (Transfer of Trust Property) Order 1998 and shall come into force on 14th May 1998.
2
In this Order —
“the Special Trustees” means the Special Trustees for the Middlesex Hospital;
“the Trust” means the Camden and Islington Community Health Services National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by, agreed upon by and signed on behalf of the Special Trustees and the Trust on 11th August 1997.
Transfer of trust property
2
On 14th May 1998 the trust property shall be transferred from the Special Trustees to the Trust.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,
Department of Health
21st April 1998


text:
Citation and commencement
1
1
This Order may be cited as the County of Denbighshire (Electoral Arrangements) Order 1998.
2
This Order shall come into operation on 6th May 1999 except that for the purposes of all proceedings preliminary or relating to an election to be held on or after that day, it shall come into force immediately.
Electoral divisions
2
1
The existing electoral divisions of the County of Denbighshire shall be abolished and the County shall be divided into 30 electoral divisions which shall bear the names set out in column (1) of the Schedule to this Order, and each such electoral division shall comprise the area specified opposite thereto in column (2) of that Schedule.
2
The number of councillors to be returned for each such electoral division shall be the number specified opposite thereto in column (3) of the Schedule to this Order.
Register of local government electors
3
The registration officer shall make such re-arrangement or adaptation of the register of local government electors as may be necessary on account of the coming into force of this Order.
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State Welsh Office
23rd November 1998


text:
PART I
PRELIMINARY
Citation, commencement and extent
1
1
These Regulations may be cited as the Motor Vehicles (EC Type Approval) Regulations 1998 and shall come into force on 23rd September 1998.
2
These Regulations extend to Northern Ireland.
Revocation
2
The Regulations specified in Schedule 3 are revoked to the extent specified in the third column of that Schedule.
Interpretation
3
1
In these Regulations —
“the 1981 Order ” means the Road Traffic (Northern Ireland) Order 1981 ;
“the 1988 Act ” means the Road Traffic Act 1988 ;
“the 1980 Regulations ” means the Motor Vehicles (Type Approval) Regulations 1980 ;
“the 1984 Regulations ” means the Motor Vehicles (Type Approval) (Great Britain) Regulations 1984 ;
“the 1985 Regulations ” means the Motor Vehicles (Type Approval) Regulations (Northern Ireland 1985 ;
“the 1987 Regulations ” means the Motor Vehicles (Type Approval) ( EEC ) Regulations (Northern Ireland) 1987 ;
“the 1994 Act ” means the Vehicle Excise and Registration Act 1994 ;
“the Framework Directive ” means Council Directive 70/156/EEC as amended by Council Directives 87/403/EEC , and 92/53/EEC and Commission Directives 93/81/EEC and 98/14/EC ;
“EC certificate of conformity” means any certificate of conformity issued by a manufacturer —
under regulation 5 of these Regulations, or
under any provision of the law of a Member State other than the United Kingdom giving effect to Article 6 of the Framework Directive;
“EC type approval” means —
vehicle type approval for a light passenger vehicle granted pursuant to the Framework Directive (an “EC vehicle type approval”), or
system, component or separate technical unit type approval granted pursuant to a separate Directive (an “EC system, component or separate technical unit type approval”),
and references to an application for EC type approval and other cognate expressions shall be construed accordingly;
“EC type approval certificate” means a type approval certificate issued —
by the Secretary of State under regulation 4(5) of these Regulations, or
under any provision of the law of a Member State other than the United Kingdom giving effect to Article 4 of the Framework Directive;
“light passenger vehicle” has the meaning given in section 85 of the 1988 Act; and
“separate Directive” means a Directive specified in the second column of an item in Schedule 1 to these Regulations as read with Directives (if any) specified in the third column of that item.
2
Other expressions used in these Regulations which are also used in the Framework Directive shall have the same meaning as in the Framework Directive and cognate expressions shall be construed accordingly.
3
Unless the context otherwise requires, any reference in these Regulations to —
a
a numbered regulation is a reference to the regulation bearing that number in these Regulations,
b
a numbered paragraph is a reference to the paragraph bearing that number in the regulation in which the reference appears, and
c
a numbered Schedule is a reference to the Schedule so numbered in these Regulations.
PART II
EC TYPE APPROVAL GRANTED BY THE SECRETARY OF STATE
Applications for grant or amendment of EC type approval
4
1
An application for an EC type approval may be made to the Secretary of State.
2
Such an application shall be —
a
in writing, and
b
accompanied by —
i
the documents required by Article 3 of the Framework Directive, and
ii
where appropriate, the documents referred to in Article 2(10) of Directive 98/14/EC .
3
An application by the holder of an EC type approval for the approval to be amended shall be made in writing to the Secretary of State.
4
Where the Secretary of State decides to refuse an application made under this regulation he shall give notice of the refusal to the applicant.
5
Where the Secretary of State decides to grant or amend an EC type approval he shall issue an EC type approval certificate or (as the case may be) an amended EC type approval certificate.
6
Such a certificate shall be in the form required by the Framework Directive or the relevant separate Directive (as the case may be).
7
The Secretary of State may grant an EC component or separate technical unit type approval subject to restrictions on the use of, or conditions as respects the fitting of, a component or separate technical unit (as the case may be) of the type to which the approval relates, and when he does so he shall, unless the applicant has consented to the restrictions or conditions, give notice of his decision to the applicant.
8
The Secretary of State may refuse to grant an EC vehicle type approval if he is not satisfied that the applicant has made adequate arrangements to comply with regulations 5, 6 and 7.
9
The Secretary of State may refuse to grant an EC system, component or separate technical unit type approval if he is not satisfied that the applicant has made adequate arrangements to comply with regulation 6 or 8.
10
Without prejudice to paragraphs (8) and (9), the Secretary of State shall make any decision under this regulation in accordance with the Framework Directive and any relevant separate Directives and in particular the requirement of the Framework Directive that a Member State granting EC type approval shall ensure that adequate arrangements have been made to ensure that production vehicles, systems, components and separate technical units conform to the EC approved type.
EC certificates of conformity and approval marks
5
1
The holder of an EC vehicle type approval granted by the Secretary of State shall comply with the requirements of Articles 5, 6(1) (holders to issue certificates of conformity) and Annex XIIB (End-of-Series Limits) of the Framework Directive.
2
The holder of an EC vehicle type approval granted by the Secretary of State shall keep a record in respect of each EC certificate of conformity issued by him of —
a
the serial number of the certificate,
b
the vehicle identity number of the vehicle to which the certificate relates, and
c
the Community reference numbers of the Directives with which the vehicle conformed,
and shall retain all such records for 10 years or such lesser period as the Secretary of State may from time to time agree.
3
The holder of an EC type approval granted by the Secretary of State for component or separate technical unit shall comply with the requirements of Article 6(3) (holders to affix mark) of the Framework Directive.
Tests and associated checks
6
Where the holder of an EC type approval granted by the Secretary of State has given an undertaking to the Secretary of State as to the carrying out at specified intervals of tests or associated checks to verify conformity of production, the holder shall unless otherwise agreed by the Secretary of State —
a
comply with the undertaking, and
b
keep a record of the results obtained from such tests and associated checks and retain the records for 10 years or such lesser period as the Secretary of State may from time to time agree.
Duty to co-operate with the Secretary of State
7
The holder of an EC type approval granted by the Secretary of State shall permit the Secretary of State to carry out the obligations of the United Kingdom in relation to the approval under Article 10(2) of the Framework Directive or any similar provision under a separate Directive and shall co-operate with any person acting on behalf of the Secretary of State in connection with those obligations.
Information concerning restrictions on the use of components and separate technical units
8
1
This regulation applies where an EC component or separate technical unit type approval has, pursuant to regulation 4(7), been granted by the Secretary of State subject to restrictions or conditions.
2
The holder shall not, in the course of supplying a component or separate technical unit manufactured by him and bearing an approval mark relating to that approval, deliver the component or separate technical unit unless it is accompanied by a document setting out the restrictions or conditions.
Withdrawal or suspension of EC type approval
9
1
In this regulation a reference to a failure to conform to an EC type approval shall be construed in accordance with Article 11(1) of the Framework Directive.
2
If the Secretary of State, after an examination has been carried out on his behalf of two or more —
a
light passenger vehicles associated with a single EC vehicle type approval granted by him, or
b
components or separate technical units, being components or separate technical units associated with a single EC component or separate technical unit type approval granted by him,
is satisfied that there has been a failure to conform to the approved type for each of those vehicles or, as the case may be, each of those vehicle components or separate technical units, he may by notice given to the holder withdraw the EC type approval.
3
If, as a result of carrying out the obligations of the United Kingdom under Article 10(2) of the Framework Directive (with the co-operation of other Member States or otherwise) for an EC type approval issued by him, the Secretary of State is satisfied that —
a
the holder’s arrangements for ensuring that production vehicles, systems, components or separate technical units (as the case may be) conform to the approved type no longer continue to be adequate, or
b
without prejudice to sub-paragraph (a), the holder has failed to comply with the requirements imposed by or under regulation 5, 6, 7 or 8,
the Secretary of State may by notice given to the holder suspend the EC type approval.
4
Before withdrawing or suspending an EC type approval under this regulation, the Secretary of State shall give the holder notice stating that he is considering withdrawing the approval.
5
Where the Secretary of State gives notice to the holder under paragraph (4) —
a
the holder may, within the period of 28 days beginning with the day on which notice is given, make representations with respect to the proposed withdrawal or suspension,
b
the Secretary of State shall not decide to withdraw or suspend the approval until the expiration of that period, and
c
before deciding whether or not withdraw or suspend the approval, the Secretary of State shall take into account any such representations made by the holder during that period.
6
If the holder of an EC type approval which has been suspended under this regulation purports to issue a certificate of conformity by virtue of that approval, the certificate shall be invalid, but a suspension shall not affect the validity of any certificate of conformity issued before the approval was suspended.
7
A suspension under this regulation shall remain in force until it is revoked by the Secretary of State.
8
The Secretary of State may, by notice under paragraph (4) or by subsequent notice given to the holder, exempt from paragraph (6) EC certificates of conformity or classes of EC certificates of conformity specified in the notice.
9
If, following a request by the holder, the Secretary of State refuses to exercise his powers under paragraph (7) or (8) for an EC type approval which has been suspended under this regulation, he shall give notice of his decision to the holder.
10
For the purposes of this regulation —
a
a vehicle is associated with an EC vehicle type approval if an EC certificate of conformity has been issued in respect of it and the certificate relates to that type approval, and
b
a component or separate technical unit is associated with an EC component or separate technical unit type approval if it has been marked with an approval mark and the marking relates to that type approval.
PART III
LICENSING AND REGISTRATION
Powers of the Secretary of State in a case where a vehicle is a serious risk to road safety
10
1
Where the Secretary of State considers that vehicles of a particular type in respect of which an EC type approval has effect are a serious risk to road safety, he may direct that for a specified period not exceeding six months all EC certificates of conformity issued under that EC type approval (whether before or after the giving of the direction) shall be invalid for the purposes of —
a
Part II of the 1988 Act,
b
Part IV of the 1981 Order, and
c
regulation 11.
2
A direction under this regulation may be revoked by the Secretary of State.
3
Notice of a direction under this regulation shall be given to the holder of the EC type approval.
4
If, following a request by the holder, the Secretary of State refuses to exercise his powers under paragraph (2) for a direction given by him under this regulation, he shall give notice of his decision to the holder.
Conditions for grant of first licence or registration
11
1
Subject to paragraphs (4) to (10), where application is made for a first licence under the 1994 Act for a light passenger vehicle the licence shall not be granted unless one of the conditions in paragraph (3) is satisfied.
2
Subject to paragraphs (4) to (10), the Secretary of State shall not register a light passenger vehicle under section 21 of the 1994 Act as applied by regulations under section 22(2) of that Act to vehicles in respect of which duty is not chargeable under that Act, unless one of the conditions in paragraph (3) is satisfied.
3
The conditions referred to in paragraphs (1) and (2) are that —
a
it is shown that an EC certificate of conformity has effect with respect to the vehicle,
b
a Minister’s approval certificate issued under section 58(1) of the 1988 Act has effect with respect to the vehicle,
c
a Minister’s approval certificate issued under section 58(4) of the 1988 Act has effect with respect to the vehicle and is —
i
in a form prescribed by regulation 9(4) of the 1984 Regulations,
ii
endorsed in accordance with regulation 9(6) of the 1984 Regulations, or
iii
in a form prescribed by regulation 9(4) of the 1985 Regulations,
d
the vehicle falls within —
i
regulation 3(2)(g) of the 1984 Regulations, or
ii
regulation 3(2)(g) of the 1985 Regulations, or
e
sections 63, 65 and 65A of the 1988 Act or Articles 31E and 31G of the 1981 Order have become applicable to the vehicle after a period of use on roads during which, by virtue of section 183(2) of the 1988 Act or Article 214 of the 1981 Order (which relates to vehicles in the service of the Crown), those sections or Articles did not apply to it.
4
Paragraphs (1) and (2) shall not apply for a vehicle which —
a
conforms with a type vehicle in respect of which a national type approval certificate was issued before 1st January 1996,
b
conforms with a vehicle in respect of which a Minister’s approval certificate was issued under section 58(1) of the 1988 Act before 1st January 1996, or
c
belongs to the same type as a vehicle registered under section 21 of the 1994 Act before 1st January 1996.
5
This paragraph applies to a vehicle belonging to a type of vehicle in respect of which a national type approval certificate has been issued before the 1st January 1998 as an incomplete vehicle.
6
Paragraphs (1) and (2) shall not apply at any time before 1st January 2000 —
a
for a vehicle to which paragraph (5) applies and which —
i
conforms with a type vehicle in respect of which a national type approval certificate was issued before the 1st January 1998,
ii
conforms with a vehicle in respect of which a Minister’s approval certificate was issued under section 58(1) of the 1988 before 1st January 1998, or
iii
belongs to the same type as a vehicle registered under section 21 of the 1994 Act before 1st January 1998.
7
Paragraphs (1) and (2) shall not apply to a special purpose vehicle unless a manufacturer of such vehicle —
a
makes a request for the grant or amendment of EC type approval to the Secretary of State, and
b
submits an application for EC type approval to the Secretary of State in accordance with regulation 4.
8
For the purposes of paragraphs (4)(a) and (6)(a)(i), a vehicle in respect of which a national certificate of conformity has effect shall be taken to conform with the relevant type vehicle; and for the purposes of paragraphs (4)(a) and (6)(a)(ii) a vehicle in respect of which a Minister’s approval certificate issued under section 58(4) of the 1988 Act has effect shall be taken to conform with the relevant vehicle in respect of which such a certificate was issued under section 58(1) of that Act.
9
For the purposes of paragraphs (4) and (6), a vehicle belongs to a particular type only if it would be treated for the purposes of the Framework Directive as belonging to that type.
10
Paragraphs (1) and (2) shall not apply in relation to —
a
the licensing or registration by a public or local authority of any vehicle intended by that authority to be used by them for the purposes of civil defence (within the meaning of the Civil Defence Act 1948 ), or
b
the licensing or registration by a police authority of any vehicle intended to be used for police purposes.
11
Where the Secretary of State, by virtue of this regulation, refuses to grant a first licence for a vehicle, he shall give notice of his decision to the applicant.
12
Where the Secretary of State, by virtue of this regulation, refuses to register a vehicle in respect of which duty is not chargeable under the 1994 Act, he shall give notice of his decision to the person who appears to him to be the keeper of the vehicle.
13
In this regulation —
a
references to a Minister’s approval certificate issued under section 58(1) of the 1988 Act include references to a Department’s approval certificate issued under Article 31A(4) of the 1981 Order, and
b
the reference to a Minister’s approval certificate issued under section 58(4) of that Act includes a reference to a Department’s approval certificate issued under Article 31A(5) of that Order.
14
In this regulation —
“conform” means conform (within the meaning of section 55(3) of the 1988 Act or Article 31A(7) of the 1981 Order) with the relevant aspects of design, construction, equipment and marking (as defined in section 54(6) of that Act or Article 31A(7) of that Order),
“national certificate of conformity” means a certificate of conformity issued under section 57(1) of the 1988 Act or Article 31A(3) of the 1981 Order, and
“national type approval certificate” means a type approval certificate issued under section 55(2) of the 1988 Act or Article 31A(2) of the 1981 Order.
End of series vehicles for EC type approval
12
1
This regulation applies to an EC type approval if —
a
it has been granted by the Secretary of State or under any provision of the law of a Member State other than the United Kingdom giving effect to Article 4 of the Framework Directive, and
b
the Secretary of State is satisfied that it is going to cease to have effect in consequence of the provisions of the Framework Directive or a separate Directive.
2
Subject to paragraph (3), the Secretary of State may, at the request of the holder of an EC type approval to which this regulation applies, direct that every relevant EC certificate of conformity shall continue to have effect for the purposes of —
a
Part II of the 1988 Act,
b
Part IV of the 1981 Order, and
c
this Part of these Regulations,
for the period of 12 months for complete vehicles as from the date on which the EC type approval lost its validity and for the period of 18 months for completed vehicles as from the date on which the EC type approval lost its validity.
3
A direction under paragraph (2) —
a
may be given only at a time when the EC type approval has effect,
b
shall cease to have effect if —
i
the EC type approval is withdrawn under regulation 9(2), or
ii
the EC type approval is withdrawn under any provision of the law of a Member State other than the United Kingdom giving effect to Article 4 of the Framework Directive, or
iii
ceases to have effect for a reason other than that referred to in sub-paragraph (1)(b), and
c
shall have effect subject to regulations 9(6) and (9) and 11.
4
For the purposes of paragraph (2), an EC certificate of conformity is a relevant EC certificate of conformity for an EC type approval (as from the time that the EC type approval ceases to have effect) if the vehicle to which it relates is an end of series vehicle.
5
If, following a request by a holder of an EC type approval, the Secretary of State refuses to exercise his powers under paragraph (2), he shall give notice of his decision to the holder.
6
In this regulation “end of series vehicle” has the meaning given in Part I of Schedule 2.
End of series vehicles for national type approval
13
1
This regulation applies to a national type approval if —
a
it has been granted by the Secretary of State under any provision of the 1984 Regulations or by the Department of the Environment for Northern Ireland under any provision of the 1985 Regulations, and
b
the Secretary of State is satisfied that it is going to cease to have effect in consequence of the provisions of regulation 11 of these Regulations.
2
The Secretary of State may, at the request of the holder of a national type approval to which this regulation applies, direct that every relevant certificate of conformity shall continue to have effect for the purposes of —
a
Part II of the 1988 Act,
b
Part IV of the 1981 Order, and
c
this Part of these Regulations,
for the period of 12 months for complete vehicles as from the date on which the national type approval lost its validity and for the period of 18 months for completed vehicles as from the date on which the national type approval lost its validity.
3
Such a direction —
a
may be given only at a time when the national type approval has effect; and
b
shall cease to have effect if —
i
the national type approval is cancelled or suspended under regulation 8(1) of the 1984 Regulations or regulation 8(1) of the 1985 Regulations, or
ii
the national type approval otherwise ceases to have effect for a reason other than that referred to in sub-paragraph (1)(b).
4
For the purposes of paragraph (2), a certificate of conformity is a relevant certificate of conformity issued in accordance with the requirements of regulation 9(3) of the 1984 Regulations or regulation 9(3) of the 1985 Regulations (as from the time that the national type approval ceases to have effect) if the vehicle to which its relates is an end of series vehicle.
5
If, following a request by a holder of national type approval, the Secretary of State refuses to exercise his powers under paragraph (2), he shall give notice of his decision to the holder.
6
In this regulation “end of series vehicle” has the meaning given in Part II of Schedule 2.
PART IV
MISCELLANEOUS
Forgery, false statements etc
14
1
A person who, with intent to deceive —
a
forges, alters or uses a document to which this paragraph applies, or
b
lends to, or allows to be used by, any other person a document to which this paragraph applies, or
c
makes or has in his possession any document so closely resembling a document to which this paragraph applies as to be calculated to deceive, shall be guilty of an offence.
2
A person guilty of an offence under paragraph (1) shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum, or
b
on conviction on indictment, to imprisonment for a term not exceeding 2 years, or to a fine, or to both.
3
Paragraph (1) applies to an EC type approval certificate and to an EC certificate of conformity.
4
A person who, in supplying information or producing documents for the purposes of these Regulations —
a
makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular, or
b
produces, provides, sends or otherwise makes use of a document which he knows to be false in a material particular or recklessly produces, provides, sends or otherwise makes use of a document which is false in a material particular, shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Duty to give reasons etc
15
1
A relevant notice shall specify the reasons for the decision to which it relates, the right to request a review under these Regulations and the time limit for making such a request.
2
In this regulation and regulation 16, “relevant notice” means a notice under —
a
regulation 4(4) or (7),
b
regulation 9(2) or (3),
c
regulation 10(3) or (4),
d
regulation 11(10) or (11),
e
regulation 12(5), or
f
regulation 13(5).
Review of decisions
16
1
Where the Secretary of State has given a relevant notice to a person, that person may by notice request the Secretary of State to review the decision to which the relevant notice relates.
2
Such a request shall be made by the person within 28 days from the date that he receives the relevant notice.
3
On any review under this regulation the Secretary of State may —
a
hold an inquiry in connection with it, and
b
appoint an assessor for the purpose of assisting him with the review or any such inquiry.
4
Section 180 of the 1988 Act shall apply to an inquiry under this requirement as it applies to an inquiry under that Act.
5
In its application to Northern Ireland by virtue of paragraph (4), section 180 of the 1988 Act shall have effect as if in paragraph (a) of subsection (2) after the word “Wales” there were inserted the words “or Northern Ireland”.
Service of notices
17
1
Any document required or authorised by virtue of these Regulations to be given to any person by the Secretary of State may be given —
a
by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address, or
b
if the person is a body corporate, by serving it in accordance with sub-paragraph (a) on the secretary or clerk of that body, or
c
if the person is a partnership, by serving it in accordance with sub-paragraph (a) on a partner or a person having the control or management of the partnership business.
2
For the purposes of this regulation and section 7 of the Interpretation Act 1978 (which relates to the service of documents by post) in its application to this regulation, the proper address of any person on whom a document is to be served shall be his last known address, except that —
a
in the case of service on a body corporate or its secretary or clerk, it shall be the address of the registered or principal office of the body,
b
in the case of service on a partnership or a partner or a person having the control or management of a partnerhip business, it shall be the address of the principal office of the partnership,
and for the purposes of this paragraph the principal office of a company registered outside the United Kingdom, or of a partnership carrying on business outside the United Kingdom, is its principal office within the United Kingdom.
3
If a person to be served by virtue of these Regulations with any document by the Secretary of State has specified to the Secretary of State an address within the United Kingdom other than his proper address (as determined in pursuance of paragraph (2)) as the one at which he or someone on his behalf will accept documents of the same description as that document, that address shall be treated as his proper address for the purposes of this regulation and for the purposes of the said section 7 in its application to this regulation.
Provision of testing stations
18
The Secretary of State may provide and maintain stations where examinations of vehicles and of components of such vehicles to which these Regulations apply may be carried out for the purposes of these Regulations and may provide and maintain apparatus for carrying out such examinations.
Transitional
19
1
An application for an EC type approval made under the 1980 Regulations or the 1987 Regulations or the Motor Vehicles (EC Type Approval) Regulations 1992 before the coming into force of these Regulations shall have effect as if it had been made under these Regulations.
2
Nothing in these Regulations shall affect the validity of anything done under the 1980 Regulations or the 1987 Regulations or the Motor Vehicles (EC Type Approval) Regulations 1992 before the coming into force on these Regulations.
3
This regulation does not apply to an application relating to the provisions set out in Part II of Schedule 2 to the 1980 Regulations or Part II of Schedule 3 to the 1987 Regulations.
Signed by authority of the Secretary of State
Nick Raynsford
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
19th August 1998


text:
Citation and commencement
1
These Regulations may be cited as the Merchant Shipping (Co-operation with Search and Rescue Services) Regulations 1998 and shall come into force on 10th August 1998.
Interpretation
2
1
In these Regulations —
“appropriate search and rescue services” means, in relation to a ship, the search and rescue services responsible for the initiation and co-ordination of all search and rescue activity for the area of operation of the ship, as specified in Merchant Shipping Notice M 1721;
“Maritime and Coastguard Agency” means the executive agency of the Department of the Environment, Transport and the Regions so named;
“Merchant Shipping Notice” means a Notice described as such and issued by the Maritime and Coastguard Agency; and any reference to a particular Merchant Shipping Notice includes a reference to any such document amending or replacing that Notice;
“passenger ship” means any ship certified to carry more than 12 passengers;
“regular scheduled service” means an advertised service which provides for the carriage of passengers at specified intervals along specified routes through or within United Kingdom waters.
2
Where a ship is managed by a person other than the owner (whether on behalf of the owner, of some other person or on his own behalf), a reference in these Regulations to the owner shall be construed as including a reference to that person.
3
Any approval given pursuant to these Regulations shall be given in writing and shall specify the date on which it takes effect and the conditions (if any) on which it is given.
Application
3
These Regulations apply to —
a
United Kingdom passenger ships wherever they may be; and
b
other passenger ships operating on regular scheduled services while they are within United Kingdom waters,
in accordance with the phase-in arrangements specified in Merchant Shipping Notice M 1721.
Duty to prepare a plan
4
1
The owner of a ship to which these Regulations apply shall prepare a plan in respect of the ship setting out the steps to be taken by those on board for co-operating with the appropriate search and rescue services if the ship requires the assistance of those search and rescue services.
2
In preparing the plan referred to in paragraph (1) above the owner of the ship shall consult the appropriate search and rescue services.
Periodic testing of plan
5
1
The plan referred to in regulation 4(1) above shall include provision for the performance of periodic exercises, to be conducted at reasonable intervals, by the ship and the appropriate search and rescue services in order to test the effectiveness of the plan.
2
The performance of such periodic exercises shall be undertaken only with the prior agreement of the appropriate search and rescue services.
Approval of plan
6
1
The owner of the ship shall submit the plan prepared pursuant to regulation 4(1) above in respect of the ship to the Secretary of State for his approval.
2
The Secretary of State may either —
a
reject the plan; or
b
approve the plan with or without modifications.
Ships to carry plan
7
Ships to which these Regulations apply shall carry on board a plan approved in accordance with regulation 6 above.
Penalties
8
If there is any contravention of regulation 7 above in respect of a ship, the owner shall be guilty of an offence punishable on summary conviction by a fine not exceeding the statutory maximum or on conviction on indictment by imprisonment for a term not exceeding two years or a fine, or both.
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
6th July 1998


text:
Citation and commencement
1
1
This Order may be cited as the Exmouth Docks Harbour Revision Order 1998 and shall come into force on 10th April 1998.
2
The Exmouth Docks enactments and this Order may be cited together as the Exmouth Docks Acts and Orders 1864 to 1998.
Interpretation
2
In this Order —
“the 1847 Act ” means the Harbours, Docks and Piers Clauses Act 1847 ;
“ the Company ” means the Exmouth Docks Company;
“ the dock basin ” means the area shown coloured blue on the signed plan ;
“the Exmouth Docks enactments” means the Exmouth Docks Acts and Orders 1864 to 1968;
“ the harbour ” means the area within the limits described in article 3 of this Order;
“ the level of high-water ” means the level of mean high-water springs as at the date this Order comes into force;
“the signed plan” means the plan signed in duplicate by the Parliamentary Under Secretary of State in the Department of the Environment, Transport and the Regions and marked “Signed plan referred to in the Exmouth Docks Harbour Revision Order 1998”, one copy of which is deposited at the offices of the Department of the Environment, Transport and the Regions and the other at the Dock Office of the Company at The Docks, Exmouth, EX8 1DU.
Limits of harbour
3
The limits within which the Company shall exercise jurisdiction as a harbour authority and within which their dockmaster shall have jurisdiction in accordance with the Exmouth Docks enactments shall comprise: —
a
the area shown coloured pink on the signed plan;
b
the dock basin; and
c
so much of any other area within the limits described in section 3 of the Exmouth Docks Act 1870 (Limits of dock master’s jurisdiction extended) as lies below the level of high-water.
Restrictions on handling certain cargoes
4
1
Notwithstanding section 33 of the 1847 Act (Harbour, dock and pier to be open to the public on payment of rates), as incorporated by any provision of the Exmouth Docks enactments, the Company shall not permit any vessel to use any part of the area described in article 3(a) above for the handling of any cargo specified in paragraph (2) below.
2
The cargoes referred to in paragraph (1) above are —
a
scrap metals;
b
loose or bagged cargoes of any description;
c
waste material (whether for disposal or processing); and
d
animals (whether live or dead), other than fish.
3
Notwithstanding section 33 of the 1847 Act, as incorporated by any provision of the Exmouth Docks enactments, and without prejudice to article 5 of this Order, the Company shall not permit any vessel to use any part of the harbour (other than the area specified in article 3(a) above) for the handling of any cargo other than: —
a
fish; or
b
any cargoes associated with the provision of pleasure cruises, ferry services or water taxi services.
Use of dock basin
5
1
The Company may set aside and appropriate the whole or any part of the dock basin for the exclusive, partial or preferential use and accommodation of a marina, subject to such charges and subject to such terms, conditions and regulations as the Company may think fit.
2
No person shall make use of any part of the dock basin so set apart or appropriated without the consent of the dockmaster or other duly authorised officer of the Company, and —
a
the dockmaster or, as the case may be, such officer, may order any person or vessel making use thereof without such consent to leave or be removed; and
b
the provisions of section 58 (Powers of harbour master as to mooring of vessels in harbour) of the 1847 Act shall extend and apply with appropriate modifications to and in relation to any such vessel.
Repeals, etc.
6
1
The enactments mentioned in the Schedule to this Order (which include spent enactments) are hereby repealed to the extent specified in the third column of that Schedule.
2
Nothing in this Order shall affect the right of the owner of any work which was authorised by any of the Exmouth Docks enactments to maintain and use that work.
3
Nothing in this Order shall extinguish or otherwise adversely affect any public right of way subsisting immediately before the coming into force of this Order.
Signed by authority of theSecretary of State for the Environment, Transport and the Regions
Glenda Jackson
Parliamentary Under Secretary of State,Department of the Environment,Transport and the Regions
20th March 1998


text:
Citation and commencement
1
This Order may be cited as the London Docklands Development Corporation (Transfer of Property, Rights and Liabilities) Order 1998 and shall come into force on 31st March 1998.
Transfer of property, rights and liabilities
2
There are hereby transferred to the Secretary of State the shares in the share capital of Docklands Light Railway Limited (company number 2052677) which are for the time being vested in the London Docklands Development Corporation, together with any rights and liabilities which the London Docklands Development Corporation has in relation to those shares .
Signed by authority of the Secretary of State
R.G. Caborn
Minister of State,
Department of the Environment, Transport and the Regions
19th January 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (No. 1) Order 1998 and shall come into force on 1st April 1998.
2
In this Order
“the 1988 Act ” means the Local Government Act 1988.
Exemptions
2
An activity specified in any of paragraphs (a) to (n) of subsection 2 of section 2 (defined activities) of the 1988 Act shall not be treated as a defined activity so long as it is carried out by a defined authority listed in the Schedule to this Order during the period beginning with 1st April 1998 and ending on 31st March 2001.
Revocations
3
1
All directions given by the Secretary of State under section 14(2) and (3) (power to give directions) of the 1988 Act to any of the authorities mentioned in article 2 above are hereby revoked.
2
In the Local Government Act 1988 (Defined Activities) (Exemption) (London Boroughs of Newham and Southwark) Order 1997 , article 2 (exemption of sports and leisure facilities management) is hereby revoked.
3
The Local Government Act 1988 (Defined Activities) (Exemption) (London Borough of Brent) Order 1997 is hereby revoked.
4
In the Local Government Act 1988 (Defined Activities) (Exemption) (Brent London Borough Council and Harrogate Borough Council) Order 1997 , article 2 (exemption of grounds maintenance) is hereby revoked.
Signed by authority of the Secretary of State
Nick Raynsford
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
9th March 1998


text:
1
1
This Order may be cited as the A5148 Trunk Road (Wall Island Improvement) Order 1998 and shall come into force on 12th February 1998.
2
In this Order all measurements of distance are measured along the route of the relevant highway.
2
The new highway (in this Order referred to as “the new trunk road”) which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road from the date when this Order comes into force.
3
The centre line of the new trunk road is indicated by a heavy black line on the plan numbered HA 10/PS/200, marked “The A5148 Trunk Road (Wall Island Improvement) Order 1998”, signed by authority of the Secretary of State for the Environment, Transport and the Regions and deposited at the Highways Agency, Project Services, Room 12/27, St. Christopher House, Southwark Street, London SE1 0TE.
4
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the new trunk road is opened for traffic.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Derek Oddy
Divisional Director Highways Agency
22nd January 1998


text:
1
These Regulations may be cited as the Merchant Shipping (Registration of Ships) (Tonnage Amendment) Regulations 1998 and shall come into force on 4th September 1998.
2
The Merchant Shipping (Registration of Ships) Regulations 1993 shall be amended as follows.
3
In regulation 1(2) —
a
the following definitions shall be inserted in the appropriate alphabetical positions —
a
i
“length” in regulations 29, 42 and 56 (except in regulation 56(4)(b)) has the same meaning as in the Tonnage Regulations
;
ii
“ Tonnage Regulations ” means the Merchant Shipping (Tonnage) Regulations 1997
;
b
for the defintions of “overall length” there shall be substituted —
“overall length” has the same meaning as “length overall” in the Tonnage Regulations.
.
4
In regulation 29(1) —
i
after “length” there shall be inserted “to which Part IIA of Merchant Shipping Tonnage Regulations 1997 does not apply”; and
ii
for “tonnage regulations made under the Merchant Shipping Act 1965” there shall be submitted “Tonnage Regulations”.
5
In regulation 29(2) after “24 metres” there shall be inserted “other than a fishing vessel to which Part IIA of the Tonnage Regulations applies”.
6
In regulation 42(1) there shall be inserted a new sub-paragraph (c) —
c
in respect of all fishing vessels, except those below 24 metres in length to which Part IIA of the Tonnage Regulations does not apply, a declaration that the fishing vessel is correctly measured for tonnage under those Regulations.
.
7
In regulation 56(1), at the end, a new sub-paragraph (i) shall be added as follows —
i
except in the case of a fishing vessel below 24 metres in length to which Part IIA of the Tonnage Regulations does not apply, when the tonnage of a fishing vessel has not been measured in accordance with those Regulations, or though so measured, that information has not been notified to the Registrar.
.
8
After regulation 56(2) there shall be inserted a new paragraph (2A) as follows —
2A
Where the Registrar terminates registration under paragraph (1)(i) above he shall issue a closure transcript —
a
in the case of fishing vessels of 24m or more in length, having effect on or, as the case may be, after 1st January 1999;
b
in the case of fishing vessels to which Part IIA of the Tonnage Regulations apply, having effect on or, as the case may be, after the date on which that Part applies to them.
Signed by authority of the Secretary of State of the Environment, Transport and the Regions
Glenda Jackson
Parliamentary Under Secretary of State
Department of the Environment, Transport and the Regions
4th August 1998


text:
Citation and commencement
1
These Regulations may be cited as the Environmental Protection (Waste Recycling Payments) (Amendment) Regulations 1998 and shall come into force on 1st April 1998.
Amendment of regulations
2
For the Schedule to the Environmental Protection (Waste Recycling Payments) Regulations 1992 there shall be substituted —
The SCHEDULE
REPRESENTATIVE SAVINGS IN WASTE DISPOSAL COSTS
Regulation 2(5)
Type of waste disposal authority Saving in waste disposal costs per tonne
A London waste disposal authority for an area which includes an inner London borough. The council of an inner London borough. The Common Council of the City of London. £46.18 A London waste disposal authority which comprises outer London boroughs. The council of an outer London borough. £40.27 The Greater Manchester Waste Disposal Authority. The Merseyside Waste Disposal Authority. The council of a metropolitan district. £33.21 Any other waste disposal authority. £26.26 where the authority incurs any transport costs in disposing of similar waste and £17.87 in other cases.
Revocation
3
Regulation 3 of the Waste Management (Miscellaneous Provisions) Regulations 1977 (which last substituted a new Schedule to the 1992 Regulations) is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Angela Eagle
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
4th March 1998
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
6th March 1998
Sewel
Parliamentary Under Secretary of State, Scottish Office
9th March 1998


text:
1
This Order may be cited as the Consular Fees Order 1998 and shall come into force on 26th March 1998.
2
In this Order —
a
“consular officer” means any person authorised by the Secretary of State to exercise consular functions, or functions in the United Kingdom which correspond with consular functions (including persons who are not, as well as persons who are, consular officers);
b
“consular employee” means any person in the administrative or technical service of the consular post or diplomatic mission;
c
“consular premises” means the building or parts of buildings used for the purposes of the consular post or diplomatic mission;
d
“entry clearance” means a visa, entry certificate, entry permit or other document which, in accordance with the applicable immigration laws or rules, is to be taken as evidence of a person’s eligibility for entry into the United Kingdom, a dependency of the United Kingdom, or any other country or territory, as the case may be (but does not include a work permit);
e
“replacement passport” means a passport issued in substitution for a valid passport in order to incorporate an addition or amendment thereto.
3
The fees set forth in the table in the Schedule to this Order are prescribed to be levied by consular officers and by marriage officers under the Foreign Marriage Act 1892 and the Marriage with Foreigners Act 1906 in the execution of their duties, and the said table shall be construed as part of this Order.
4
The Consular Fees Order 1997 is hereby revoked.
N.H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bethlem and Maudsley National Health Service Trust (Transfer of Trust Property) Order 1998 and shall come into force on 8th December 1998.
2
In this Order–
“the Special Trustees” means the King’s College Hospital Special Trustees;
“the Trust” means the Bethlem and Maudsley National Health Service Trust;
“the trust property” means the item specified in part B of the Certificate of Authentication of trust property prepared by and agreed upon by the Special Trustees and the Trust on 15th August 1996; which certificate has been signed on behalf of both the Special Trustees and the Trust.
Transfer of trust property
2
On 8th December 1998 the trust property shall be transferred from the Special Trustees to the Trust.
Signed by authority of the Secretary of State for Health.
Alan Milburn
Minister of State,
Department of Health
12th November 1998