text:
Title and commencement
1
These Regulations may be cited as the Bread and Flour Regulations 1998 and shall come into force on 19th February 1998.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Food Safety Act 1990;
“bread” means a food of any size, shape or form which —
is usually known as bread, and
consists of a dough made from flour and water, with or without other ingredients, which has been fermented by yeast or otherwise leavened and subsequently baked or partly baked,
but does not include buns, bunloaves, chapatis, chollas, pitta bread, potato bread or bread specially prepared for coeliac sufferers;
“ EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as adjusted by the Protocol signed at Brussels on 17 March 1993;
“EEA State” means a State which is a Contracting Party to the EEA Agreement;
“enzyme preparation” means any food additive which consists of one or more enzymes with or without the addition of supplementary material to facilitate the storage, sale, standardisation, dilution or dissolution of the enzyme or enzymes;
“flour” means the product which is derived from, or separated during, the milling or grinding of cleaned cereal whether or not the cereal has been malted or subjected to any other process, and includes meal, but does not include other cereal products, such as separated cereal bran, separated cereal germ, semolina or grits;
“flour bleaching agent” means any food additive primarily used to remove colour from flour;
“flour treatment agent” means any food additive, other than an enzyme preparation, which is added to flour or dough to improve its baking quality;
“food additive” has the meaning assigned to it by the Miscellaneous Food Additives Regulations 1995 ;
“food authority” does not include —
the council of a district in a non-metropolitan county in England except where the county functions have been transferred to that council pursuant to a structural change;
the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple);
“ingredient” has the meaning assigned to it by the Food Labelling Regulations 1996 ;
“labelling” has the meaning assigned to it by the Food Labelling Regulations 1996;
“the labelling regulations” means the Food Labelling Regulations 1996;
“member State” means a member State of the European Community;
“sell” includes offer or expose for sale and includes have in possession for sale, and “sale” shall be construed accordingly.
2
Any reference in these Regulations to a numbered regulation or Schedule shall, unless the reference is to a regulation of, or Schedule to, specified regulations, be construed as a reference to the regulation or Schedule so numbered in these Regulations.
Exemptions
3
1
These Regulations, except in so far as they relate to advertising, shall not apply to any food which is not intended for sale for human consumption.
2
These Regulations shall not apply in respect of —
a
any bread brought into Great Britain from an EEA State in which it was lawfully produced and sold;
b
any flour brought into Great Britain from a member State in which it was lawfully produced and sold;
c
any bread or flour lawfully produced in another member State and brought into Great Britain from a member State in which it was lawfully sold;
d
any bread or flour lawfully produced outside the European Community and brought into Great Britain from a member State in which it was in free circulation and lawfully sold,
which is suitably labelled to give the nature of the bread or flour.
3
For the purposes of paragraph (2) above, “free circulation” has the same meaning as in Article 9.2 of the Treaty establishing the European Community.
Composition of flour
4
1
Subject to paragraph (2) below, flour derived from wheat and from no other cereal, whether or not mixed with other flour, shall contain the substances specified in column 1 of Schedule 1 in accordance with the proportions and conditions prescribed in column 2 of that Schedule and with Schedule 2.
2
The requirements specified for item 1 in column 2 of Schedule 1 shall not apply in the case of —
a
wholemeal flour,
b
self-raising flour which has a calcium content of not less than 0.2 per cent, and
c
wheat malt flour.
3
The substances specified in items 2-4 of Schedule 1 shall, in the case of —
a
wholemeal flour, be naturally present in the quantities specified in column 2 of that Schedule, and not added;
b
flour other than wholemeal, be added where such addition is necessary in accordance with the conditions prescribed in column 2 of that Schedule.
4
Subject to paragraph (5) below —
a
no manufacturer of flour shall sell any flour which does not comply with this regulation; and
b
no importer of flour shall —
i
import into Great Britain any flour, or
ii
sell any flour imported by him,
which does not comply with this regulation.
5
Paragraph (4) above shall not apply as respects any sale or importation into Great Britain of flour for use in the manufacture of communion wafers, matzos, gluten, starch or any concentrated preparation for use for the purpose of facilitating the addition to flour of the substances referred to in Schedule 1.
Additional ingredients
5
1
Subject to paragraph (2) below, no person shall use as an ingredient in the preparation of flour or bread any flour bleaching agent or flour treatment agent other than a flour bleaching agent or flour treatment agent specified in an entry in column 1 of Schedule 3.
2
No person shall use as an ingredient in the preparation of flour or bread any flour bleaching agent or flour treatment agent specified in an entry in column 1 of Schedule 3 unless —
a
the flour or bread is of a type specified in the related entry in column 2 of that Schedule; and
b
the quantity of the flour bleaching agent or flour treatment agent used in the flour or bread does not exceed the maximum quantity specified in the related entry in column 3 of that Schedule.
3
Notwithstanding regulation 17 of the labelling regulations, where a flour treatment agent has been used as an ingredient of any bread an indication of the presence of flour treatment agent shall appear —
a
in the list of ingredients of the bread as prescribed by regulation 14 of the labelling regulations, where the bread is marked or labelled with a list of ingredients; or
b
on a label, ticket or notice as prescribed by regulation 36 of the labelling regulations, where by virtue of regulation 23 of the labelling regulations the bread is not marked or labelled with a list of ingredients.
Restrictions on the use of the words ‘wholemeal’ and ‘wheat germ’
6
1
There shall not be used in the labelling or advertising of bread, as part of the name of the bread, whether or not qualified by other words —
a
the word ‘wholemeal’ unless all the flour used as an ingredient in the preparation of the bread is wholemeal;
b
the word ‘wheat germ’ unless the bread has an added processed wheat germ content of not less than 10 per cent calculated on the dry matter of the bread.
2
No person shall sell or advertise for sale any bread in contravention of this regulation.
Offences and penalties
7
1
If any person contravenes or fails to comply with regulation 4(4), 5 or 6(2) he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
Where an offence under these Regulations is committed in Scotland 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.
Enforcement
8
Each food authority shall enforce and execute these Regulations in its area.
Defence in relation to exports
9
In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove that the food in respect of which the offence is alleged to have been committed was intended for export to a country which has legislation analogous to these Regulations and that the food complies with that legislation.
Application of various sections of the Act
10
The following provisions of the Act shall apply for the purposes of these Regulations and unless the context otherwise requires any reference in them to the Act or Part thereof shall be construed as a reference to these Regulations —
a
section 2 (extended meaning of ‘sale' etc. );
b
section 3 (presumption that food is intended for human consumption);
c
section 20 (offences due to fault of another person);
d
section 21 (defence of due diligence) as it applies for the purposes of section 8, 14 or 15;
e
section 22 (defence of publication in the course of business);
f
section 30(8) (which relates to documentary evidence);
g
section 33 (obstruction etc. of officers);
h
section 35(1) to (3) (punishment of offences) in so far as it relates to offences under section 33(1) and (2) as applied by paragraph (g) above;
i
section 36 (offences by bodies corporate); and
j
section 44 (protection of officers acting in good faith).
Amendments
11
In the labelling regulations in paragraph (1) of regulation 2 (interpretation) in the definition of “the Bread and Flour Regulations” for the date “1995” there shall be substituted the date “1998”.
Revocations
12
The Regulations specified in column 1 of Schedule 4 are hereby revoked to the extent specified in column 3 of that Schedule.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
20th January 1998
Signed by authority of the Secretary of State for Health
Tessa Jowell
Minister of State for Public Health,
Department of Health
20th January 1998
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
22nd January 1998
Sewel
Parliamentary Under Secretary of State, Scottish Office
20th January 1998


type: legislation

jurisdiction: UK

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


text:
Citation and commencement
1
This Order may be cited as the European Communities (Designation) (No. 2) Order 1998 and shall come into force on 21st August 1998.
Designation of Ministers or departments
2
1
For the purposes of section 2(2) of the European Communities Act 1972 the Ministers or government departments specified in column (1) of the Schedule to this Order are hereby designated in relation to the matters specified in column (2) of that Schedule.
2
Where a Minister or government department is designated in relation to any item in column (2) of the said Schedule, then, for the purposes of the said section 2(2), that Minister or government department is also hereby designated in relation to anything supplemental or related to the matters specified in that item.
3
Where both a Minister and one or more government departments are designated by this Order in relation to any matter, the designation has effect as respects the making of regulations by any of them or by more than one of them acting jointly.
4
Regulations made by a Northern Ireland Department in pursuance of this Order shall form part of the law of Northern Ireland and not of any other part of the United Kingdom.
Partial revocation of earlier designation Order
3
The designations in the Schedule to the European Communities (Designation) Order 1983 which designate the Secretary of State and any Northern Ireland Department in relation to measures relating to the prevention and limitation of the effects of accidents arising from industrial activities involving dangerous substances are hereby revoked.
N. H. Nicholls
Clerk of the Privy Council


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Pennine Dales) 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 (Pennine Dales) 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 the table set out in Part II of Schedule 8 to the principal Order, for the amount “£135”there shall be substituted “145”, and for “£95” there shall be substituted “95”.
Amendment to the 1992 Order
5
The Environmentally Sensitive Areas (Pennine Dales) 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 in the table set out therein of “250” for the figure “240”.
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:
Citation and commencement
1
These Regulations may be cited as the Education (Teachers) (Amendment) Regulations 1998 and shall come into force on 1st August 1998.
Amendment
2
The Education (Teachers) Regulations 1993 shall be amended as follows.
3
1
In regulation 7(1) of Part III (provisions of general application) there shall be substituted for “subject to paragraph (2)” the words “subject to paragraphs (2) and (3)”.
2
In regulation 7(2) there shall be substituted for “regulation 10” the words “regulations 10 and 10A”.
3
At the end of regulation 7 there shall be added the following paragraph —
3
For the purposes of this Part, employment includes the engagement of a person to provide his services as a teacher otherwise than under a contract of employment and references to employment or relevant employment shall be construed accordingly.
.
4
After regulation 10 there shall be inserted the following regulation —
10A
The governing body of a school or further education institution, the local education authority so far as it relates to that school or institution and the proprietor of an independent school shall take such steps as are reasonably practicable to prevent a person who is not employed by them in relevant employment but who is, on medical grounds or on grounds of misconduct, the subject of a direction given by the Secretary of State under regulation 10, from providing services in relation to the school or institution or persons attending it which —
i
are provided by whatever means and whether under contract or otherwise, and
ii
would bring that person providing them regularly into contact with persons who have not attained the age of nineteen years,
in circumstances where to allow him to provide such services would be contrary to the terms of that direction if he were to be so employed.
.
5
In regulation 11 there shall be added the following paragraph —
2
In paragraph (1), references to “dismissed from relevant employment” include the termination by the local education authority or the governing body of a school or further education institution of a person’s engagement to provide his services as a teacher in relevant employment otherwise than under a contract of employment and references to “dismissed” or “dismissing” shall be construed accordingly and the reference to “resignation” includes the termination by that person of such an engagement.
.
4
1
In regulation 12 of Part IV (provisions applying to schools) there shall be inserted at the beginning the words “Subject to regulation 12A,”.
2
After regulation 12 there shall be inserted the following regulation —
12A
For the purposes of this Part, employment includes the engagement of a person to provide his services as a teacher otherwise than under a contract of employment and references to employment or being employed shall be construed accordingly.
.
Estelle Morris
Parliamentary Under-Secretary of State,
Department for Education and Employment
29th June 1998


text:
Citation and commencement
1
This Order may be cited as the Harrow and Hillingdon Healthcare National Health Service Trust (Establishment) Amendment Order 1998 and shall come into force on 26th August 1998.
Amendment of Establishment Order
2
For article 3 of the Harrow and Hillingdon Healthcare National Health Service Trust (Establishment) Order 1994 (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 Harrow Hospital, Roxeth Hill, Harrow, Middlesex HA2 0JX and associated premises, and there to provide and manage hospital and community health accommodation and services;
b
to provide and manage pursuant to section 5(1)(b) of the Act Rowanweald, 243–249 High Road, Harrow Weald, Harrow, Middlesex HA3 5EG, and there to provide and manage hospital accommodation and services.
Signed by authority of the Secretary of State for Health
Tessa Jowell
Minister of State for Public Health
Department of Health
10th August 1998


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Contributions) Amendment (No. 2) Regulations 1998 and shall come into force on 6th April 1998.
Amendment of the Social Security (Contributions) Regulations 1979
2
1
Regulation 19 of the Social Security (Contributions) Regulations 1979 (payments to be disregarded) shall be amended in accordance with the following provisions of this regulation.
2
After paragraph (1)(za) , add —
zb
a payment of, or contribution towards, expenses incurred in —
i
providing an employee with medical treatment outside the United Kingdom (including providing for him to be an in-patient) in a case where the need for the treatment arises while the employee is outside the United Kingdom for the purpose of performing the duties of his employment; or
ii
providing insurance for the employee against the cost of such treatment in such a case,
and for the purpose of this sub-paragraph, “medical treatment” includes all forms of treatment for, and all procedures for diagnosing, any physical or mental ailment, infirmity or defect;
zc
a payment of, or contribution towards, expenses reasonably incurred by a person in relation to a change of residence in connection with the commencement of, or an alteration in, his duties of employment or the place where the duties are normally to be performed, where —
i
that payment or contribution is, by virtue of Schedule 11A to the Income and Corporation Taxes Act 1988 (removal expenses and benefits) , not regarded as an emolument of the employment for any purpose of Case I or Case II of Schedule E;
ii
that person commenced performance of the duties, or altered duties, of his employment at the place or altered place of their performance before 6th April 1998; or
iii
in relation to the year 1998 — 1999, that payment or contribution is an emolument for which the employer is accountable to the Board of Inland Revenue in respect of income tax in accordance with a PAYE settlement agreement under Chapter V of Part VI of the Income Tax (Employments) Regulations 1993 .
.
3
After paragraph (8) , add —
9
For the purposes of paragraph (1)(zc) of this regulation —
a
Schedule 11A to the Income and Corporation Taxes Act 1988 shall be read as if paragraphs 3(3), 4(3), 6 and 24 thereof had been omitted;
b
head (i) shall apply to any payment which, had it not otherwise not been chargeable to income tax under the Income Tax Acts, would not have been regarded as an emolument of the employment by virtue of Schedule 11A to the Income and Corporation Taxes Act 1988;
c
a change of residence must result from —
i
the employee becoming employed by an employer;
ii
an alteration of the duties of the employee’s employment (where his employer remains the same); or
iii
an alteration of the place where the employee is normally to perform the duties of his employment (where both his employer and the duties of his employment remain the same);
d
a change of residence must be made wholly or mainly to allow the employee to have his residence within a reasonable daily travelling distance of —
i
the place where he performs, or is to perform, the duties of his employment (where sub-paragraph (c)(i) of this paragraph applies);
ii
the place where he performs, or is to perform, the new duties of his employment (where sub-paragraph (c)(ii) of this paragraph applies); or
iii
the new place where he performs, or is to perform, the duties of his employment (where sub-paragraph (c)(iii) of this paragraph applies);
and any reference in this sub-paragraph to the place where the employee performs, or is to perform, the duties of his employment is to the place where he normally performs, or is normally to perform, those duties;
e
the employee’s former residence must not be within a reasonable daily travelling distance of the place mentioned in sub-paragraph (d) of this paragraph;
f
in a case where head (ii) applies, expenditure incurred in pursuance of a contract or agreement entered into before 6th April 1998 does not, in the case of a contract or agreement varied at any time on or after that date, include so much of the expenditure incurred under that contract or agreement which would not have been incurred, or exceeds the amount of expenditure that would have been reasonably incurred, if that contract or agreement had not been so varied.
.
Signed by authority of the Secretary of State for Social Security.
John Denham
Parliamentary Under-Secretary of State,
Department of Social Security
11th March 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Alnwick (Electoral Changes) Order 1998.
2
This Order shall come into force for all purposes on 6th May 1999, except that for the purpose of all proceedings preliminary or relating to an election to be held on or after that date this Order shall come into force on 10th October 1998.
3
In this Order–
“the district” means the district of Alnwick;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to “the map” is a reference to the map prepared by the Department of the Environment, Transport and the Regions, marked “Map of the District of Alnwick (Electoral Changes) Order 1998”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of Alnwick
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into sixteen 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 Alnwick
3
1
The existing wards of the parish of Alnwick shall be abolished.
2
The parish 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 district ward specified in respect of that parish ward in column (2) of that Schedule and the number of councillors to be elected for each parish ward shall be the number specified in respect of that parish ward in column (3) of that Schedule.
Wards of the parish of Amble
4
1
The existing wards of the parish of Amble shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 3; the parish wards shall comprise the areas described in column (2) of that Schedule by reference to wards of the district and the number of councillors to be elected for each parish ward shall be three.
Revocation
5
The District of Alnwick (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
21st September 1998


text:
Citation, commencement and revocations
1
1
These Regulations may be cited as the Merchant Shipping (Code of Safe Working Practices for Merchant Seamen) Regulations 1998 and shall come into force on 1st September 1998.
2
The Merchant Shipping (Code of Safe Working Practices) Regulations 1980 are hereby revoked.
Interpretation
2
1
In these Regulations, except where the context otherwise requires:
“ the Act ” means the Merchant Shipping Act 1995;
“Company”, in relation to a ship to which these Regulations apply, means the owner of a ship or any other organisation or person such as the manager, or bareboat charterer, who has assumed the responsibility for operation of the ship from the owner;
“contract of employment” means a contract of employment, whether express or implied, and if express, whether oral or in writing;
“employer” means a person by whom a worker is employed under a contract of employment;
“Marine Information Notice” means a Notice described as such and issued by the Maritime and Coastguard Agency, an executive agency of the Department of the Environment, Transport and the Regions;
“pleasure vessel” means a pleasure vessel as defined in regulation 3(1) of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1993 ;
“safety officer”, and “safety representative” shall have the same meaning as in the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 ;
“sail training vessel” means a sail training vessel as defined in the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997;
“the Code” means the “The Code of Safe Working Practices for Merchant Seamen” , and any subsequent amendments and revisions to that publication, which the Secretary of State considers relevant from time to time and which shall be notified in a Marine Information Notice;
“United Kingdom ship” means a ship which–
is a United Kingdom ship within the meaning of section 85(2) of the Merchant Shipping Act 1995; or
is a hovercraft registered under the Hovercraft Act 1968 ;
“worker” means any person employed by an employer under a contract of employment including trainees or apprentices other than trainees who are training on a sail training vessel.
Application
3
These Regulations shall apply to all United Kingdom ships except fishing vessels and pleasure vessels.
Carriage of the Code
4
1
In every ship to which these Regulations apply, and on which five or less workers are employed, the Company shall ensure that there is carried at least one copy of the Code, in the custody of the master, which shall be easily accessible and readily available to workers.
2
In every ship to which these Regulations apply, and on which more than five and no more than twenty workers are employed, the Company shall ensure that there are carried a suitable number of copies of the Code of which–
a
one copy shall be kept in the custody of the master;
b
one copy shall be kept in the custody of the safety officer;
c
one copy shall be provided for each safety representative, where elected; and in addition
d
one or more copies shall be kept in a place readily accessible to other workers;
provided that no person shall be required to hold more than one copy of the Code.
3
In every ship to which these Regulations apply, and on which more than twenty workers are employed, the Company shall ensure that there are carried a suitable number of copies of the Code of which–
a
one copy shall be kept in the custody of the master;
b
one copy shall be kept in the custody of the chief officer;
c
one copy shall be kept in the custody of the chief engineer;
d
one copy shall be kept in the custody of either the purser or the catering officer;
e
one copy shall be kept in the custody of the safety officer;
f
one copy shall be kept in the custody of each safety representative, where elected; and in addition
g
a number of copies which is adequate for the number of other workers employed, taking account of the nature of their duties, shall be readily available and kept in a place or places readily accessible to those workers;
provided that no person shall be required to hold more than one copy of the Code.
4
Where, as the case may be, no safety officer or safety representative is appointed for the ship, any requirement in this regulation for a safety officer or safety representative to keep a copy of the Code shall not apply, and in either case the number of copies which the Company is required by this regulation to ensure are carried may also be reduced, as long as the total number carried will not be less than a suitable number.
5
No person shall knowingly remove a copy of the Code, carried in compliance with these Regulations, from the ship without the consent of the Company or the master.
Penalties
5
1
Any contravention of regulation 4(1) to (4) of these Regulations shall be an offence punishable on summary conviction by a fine not exceeding level 3 on the standard scale.
2
Any contravention of regulation 4(5) of these Regulations shall be an offence punishable on summary conviction by a fine not exceeding level 1 on the standard scale.
3
It shall be a defence for a person charged under paragraph (1) of this regulation to show that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Glenda Jackson
Parliamentary Secretary of State
Department of the Environment, Transport and the Regions
27th July 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Lothian 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 Lothian 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 Lothian 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 the Royal Infirmary of Edinburgh, the Royal Hospital for Sick Children and the Western General Hospital, all Edinburgh, and at establishments associated with those hospitals, and also including the management of any teaching and research facilities associated with those establishments and the support services related thereto.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1999.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions–
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment;
c
of doing such other things as are reasonably necessary for the said purposes.
Assistance by Health Board before operational date
7
1
The Lothian 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 Lothian 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 Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations 1998 and shall come into force on 6th January 1999.
Amendment of regulation 4 of the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994
2
For regulation 4 of the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994 , substitute the following regulation–
4
In these Regulations the “approved supply list” means the document entitled “Information Approved for the Classification and Labelling of Substances and Preparations Dangerous for Supply (4th Edition)” approved by the Health and Safety Commission on 22nd October 1998.
Signed by order of the Secretary of State.
Alan Meale
Parliamentary Under Secretary of State,
Department of Environment, Transport and the Regions
10th December 1998


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Kent and Essex Sea Fisheries District (Variation) Order 1998 and shall come into force on the day after the day on which it is made.
2
In this Order “the principal order” means the order made by the Board of Trade on 5 May 1890 (which created the Kent and Essex Sea Fisheries District and constituted a local fisheries committee for the regulation of the sea fisheries within that district).
Variation of the principal order
2
1
For article 1 of the principal order (Creation of District) there shall be substituted the following: —
Creation of District
1
A sea fisheries district is hereby created comprising so much of the sea within the national waters of the United Kingdom adjacent to England and so much of the sea within six nautical miles of the baselines (as they existed at 25th January 1983 in accordance with the Territorial Waters Order in Council 1964 , as amended by the Territorial Waters (Amendment) Order in Council 1979 ) from which the breadth of the territorial sea of the United Kingdom adjacent to England is measured, with the adjoining coast, as lies within the following limits, namely: on the north, commencing at the point at which a line drawn seaward along the northern edge of the causeway situated opposite Lower Marine Parade at Dovercourt in the county of Essex intersects the line of mean low water (latitude 051 degrees 55.76 minutes north, longitude 001 degree 16.90 minutes east), a line drawn seaward on a bearing of 100 degrees true to the limit of the district above described, and a line drawn northwards from the said intersection along the boundary of the administrative county of Essex to its intersection with a line drawn across the River Stour along the seaward side of the railway bridge at Catterwade (latitude 051 degrees 57.06 minutes north, longitude 001 degree 03.49 minutes east) (being the southern boundary of the Eastern Sea Fisheries District); and, on the south, a line drawn true south-east from the old lighthouse at Dungeness (latitude 050 degrees 54.80 minutes north, longitude 000 degrees 58.26 minutes east), in the county of Kent (being the eastern boundary of the Sussex Sea Fisheries District).
The sea fisheries district shall not extend above a line drawn at or near the mouth of every river or stream flowing into the sea, or into any estuary, within the limits of the said district, as follows:
A line drawn across the River Stour, in the county of Kent, in continuation of a line drawn on a bearing of 090 degrees true from the chimney of the Richborough Power Station (latitude 051 degrees 18.57 minutes north, longitude 001 degree 20.88 minutes east) to the river;
A line drawn across the River Medway, on a bearing of 300 degrees true from Garrison Point (latitude 051 degrees 26.82 minutes north, longitude 000 degrees 44.97 minutes east) through the Grain Tower (latitude 051 degrees 27.07 minutes north, longitude 000 degrees 43.97 minutes east) to the point of mean high water springs on the shore of the Isle of Grain;
A line drawn across the River Thames, from the Waterman’s Stone at Lower Hope Point (latitude 051 degrees 28.90 minutes north, longitude 000 degrees 28.20 minutes east) in the county of Kent to the south eastern end of the tidal barrier at the mouth of Mucking Creek (latitude 051 degrees 29.98 minutes north, longitude 000 degrees 26.87 minutes east) in the county of Essex, and continued on either side of the river to the point of mean high water springs;
A line drawn across the River Colne, on a bearing of 248 degrees true from Colne Point (latitude 051 degrees 46.11 minutes north, longitude 001 degree 02.70 minutes east) to the Fishery Buoy, thence on a bearing of 341 degrees true to the Mersea Stone on Mersea Island (latitude 051 degrees 47.92 minutes north, longitude 001 degree 00.46 minutes east);
A line drawn across every river or stream not hereinbefore specified, such line being drawn at the limit of mean high water springs.
The district moreover shall not extend into:
the River Medway through the channel of the Swale beyond a line drawn on a bearing of 097 degrees true from the northernmost point of Deadmans Island (latitude 051 degrees 25.40 minutes north, longitude 000 degrees 43.79 minutes east) (Swale Ness) to Queenborough Point in the Isle of Sheppey; or
the Pyefleet Channel from the Strood Channel beyond a line drawn along the western side of the causeway known as “The Strood” and carrying the B1025 road to Mersea Island (from latitude 051 degrees 48.05 minutes north, longitude 000 degrees 55.03 minutes east to latitude 051 degrees 47.69 minutes north, longitude 000 degrees 55.39 minutes east).
In respect of the rivers and streams above the lines beyond which the sea fisheries district does not extend, the Environment Agency shall within its area have the powers of a local fisheries committee except that in respect of the River Thames that Agency shall not have those powers above a line drawn across the Thames from a stone pillar erected at grid co-ordinates TO 16361 71912 on the Surrey bank by the Port of London Authority and the Thames Conservators to the nearest point of mean high water level on the Middlesex bank.
The sea fisheries district hereby created shall be called the Kent and Essex Sea Fisheries District.
.
2
For article 2 of the principal order (Constitution of Committee), there shall be substituted the following: —
2
A local fisheries committee (in this Order called “the Committee”) shall be constituted for the regulation of the sea fisheries within the said district. The Committee shall be a joint committee of the Councils referred to in column 1 of the Schedule to this Order and shall consist of twenty-two members. The number of members appointed by each constituent Council shall be the number which is set out in column 2 of the Schedule hereto opposite the reference to that Council. Nine additional members shall be appointed by the Minister of Agriculture, Fisheries and Food and one additional member by the Environment Agency.
.
3
For the schedule to the principal order there shall be substituted the schedule set out in the Schedule to this Order.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
6th May 1998


text:
1
This Order may be cited as The A4 Trunk Road (Hounslow) Red Route (Clearway) Traffic Order 1996 Variation Order 1998, and shall come into force on 20th July 1998.
2
The A4 Trunk Road (Hounslow) Red Route (Clearway) Traffic Order 1996 is varied as provided by the following provisions of this Order.
3
The table in Schedule 2 is replaced with the table in the schedule to this order.
4
The A4 Trunk Road (Hounslow) Red Route (Clearway) Traffic Order 1996 Experimental Variation Order 1997 is hereby revoked.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
6th July 1998


text:
Citation and commencement
1
These Regulations may be cited as the Control of Substances Hazardous to Health (Amendment) Regulations 1998 and shall come into force on 30 June 1998.
Amendment of the Control of Substances Hazardous to Health Regulations 1994
2
1
The Control of Substances Hazardous to Health Regulations 1994 shall be amended in accordance with the following provisions of this regulation.
2
In Schedule 1 —
a
in the entry in the second column corresponding to the entry for vinyl chloride in the first column, for the formula “CH 2 =CHCI” there shall be substituted the formula “CH 2 =CHCl”;
b
after the words “Vinylidene chloride” in the first column, insert (in the first column) the word “(1,1-Dichloroethylene)”.
3
For Schedule 2 there shall be substituted the Schedule to these Regulations.
4
In Schedule 8, for the words “B,B'Dichlorodiethyl” substitute “β,β'-Dichlorodiethyl”.
Signed by authority of the Secretary of State
Angela Eagle
Parliamentary Under Secretary of State,
Department of Environment, Transport and the Regions
31st May 1998


text:
Citation and commencement
1
This Order may be cited as the Lancaster Priority Services National Health Service Trust (Dissolution) Order 1998 and shall come into force on 1st April 1998.
Dissolution of NHS trust
2
The Lancaster Priority Services National Health Service Trust established by the Lancaster Priority Services National Health Service Trust (Establishment) Order 1991 is dissolved, and accordingly that Order is revoked.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State
Department of Health
18th March 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Prescription Only Medicines (Human Use) Amendment (No. 3) Order 1998 and shall come into force on 16th September 1998.
2
In this Order “the principal Order ” means the Prescription Only Medicines (Human Use) Order 1997 .
Amendment of article 8 of the principal Order
2
In paragraph 4(b)(i) of article 8 of the principal Order (exemptions for emergency sale or supply), before the words “an aerosol” there are inserted the words “a preparation of insulin,”.
Amendment of Schedule 1 to the principal Order
3
In Schedule 1 to the principal Order (which specifies substances which when included in medicinal products make those products prescription only medicines and exemptions from restrictions on the sale and supply of prescription only medicines)–
a
in relation to the substance Aspirin , there is substituted for the entry “(1) 325 mg” in column 2, “(1) 500 mg”;
b
in relation to the substance Astemizole, the entries in columns 3, 4 and 5 are deleted;
c
in relation to each of the substances Beclomethasone Dipropionate and Budesonide–
i
there are substituted for the entry “For use in adults and children not less than 12 years” in column 3, the entry “For use in persons aged 18 years and over”, and
ii
there is inserted in column 4, after the entry “200 mcg per nostril (MDD)”, the entry “For a maximum period of 3 months”;
d
in relation to the substance Domperidone Maleate , there is substituted for the entry “10 mg (MD) 40 mg (MDD)” in column 4, the following entry
10 mg of Domperidone as Domperidone Maleate (MD)
40 mg of Domperidone as Domperidone Maleate (MDD)
;
e
in relation to the substance Felbinac, there is substituted for the entry “For the relief of symptoms associated with soft tissue injury such as strains, sprains and contusions” in column 3, the entry–
For the relief of rheumatic pain, pain of non-serious arthritic conditions and soft tissue injuries such as sprains, strains and contusions
;
f
in relation to the substance Flunisolide–
i
there are substituted for the entry “For use in adults and children not less than 16 years” in column 3, the entry “For use in persons aged 18 years and over”,
ii
there is inserted in column 4, after the entry “100 mcg per nostril (MDD)”, the entry “For a maximum period of 3 months”, and
iii
the entries under the letter “(b)” in columns 3, 4 and 5 are deleted;
g
in relation to the substance Ketoconazole–
i
there is inserted in column 3, before the entry “For the prevention and treatment of dandruff and seborrhoeic dermatitis of the scalp”, the entry “External”,
ii
there are inserted in the entries in columns 3, 4 and 5, at the beginning of each of the first entries, the letter “(a)”, and
iii
there is inserted in column 3, after the entry “In the form of a shampoo”, the entry “(b) For the treatment of the following mycotic infections of the skin: tinea pedis, tinea cruris and candidal intertrigo”;
h
in relation to the substance Nedocromil Sodium there are inserted the following entries–
in column 2
2.0 per cent
,
in column 3
For the prevention, relief and treatment of seasonal and perennial allergic conjunctivitis
, and
in column 5
Container or package containing not more than 3 ml of medicinal product
; and
i
there are inserted in column 1, and, as the case may be, columns 2, 3, 4 and 5, at the appropriate point in the alphabetical order of the entries as they appear in column 1, each of the entries set out in column 1 of the Schedule to this Order, together with the corresponding text in columns 2, 3, 4 and 5 respectively of that Schedule.
Amendment of Schedule 5 to the principal Order
4
In Schedule 5 to the principal Order (exemptions for certain persons from the provisions of section 58(2) of the Medicines Act 1968)–
a
in Part I there is inserted in the list in column 2 of paragraph 4, after the substance Pentazocine Hydrochloride, “Phytomenadione”, and
b
in Part III there is inserted in the list in column 2 of paragraph 1, after the substance Lignocaine hydrochloride with adrenaline , “Mepivacaine hydrochloride”.
Signed by authority of the Secretary of State for Health
Paul Boateng
Parliamentary Under Secretary of State,
Department of Health
21st August 1998
Jon Owen Jones
Parliamentary Under Secretary of State, The Welsh Office
27th August 1998
Sam Galbraith
Minister for Health, The Scottish Office
25th August 1998
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on
D.C. Gowdy
Permanent Secretary
24th August 1998.


text:
Citation and commencement
1
These Regulations may be cited as the Merchant Shipping (Fees) (Amendment) Regulations 1998 and shall come into force on 1st April 1998.
Amendment of Regulations
2
1
The Merchant Shipping (Fees) Regulations 1996 shall be amended as follows.
2
In Part I of the Schedule —
a
in paragraph 1, section K, for the titles and numbers —
Merchant Shipping (Certification of Deck Officers) Regulations 1985 1306 1987/884 1991/1819 1995/1429 Merchant Shipping (Certification of Marine Engineer Officers and Licensing of Marine Engineer Operators) Regulations 1986 1935 1987/884 1995/1429 Merchant Shipping (Safe Manning Document) Regulations 1992 1564
there shall be substituted the following titles and numbers —
Merchant Shipping (Training and Certification) Regulations 1997 348 1997/1911 Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) Regulations 1997 1320 1997/1911
;
and
b
in paragraph 2(2)(a) —
i
for “£23” there shall be substituted “£23.66”; and
ii
for “£26” there shall be substituted “£26.75”.
3
In Part VII of the Schedule —
a
in entry (16), for “£150” there shall be substituted “£50”; and
b
in entry (17), for “Part II” there shall be substituted “Part III”.
4
In Part VIII of the Schedule, paragraph 3(b), in the entry in the column headed “ Fee ” in relation to four transfers with simple registration, for “£70” there shall be substituted “£88”.
5
In the table in Part XII of the Schedule —
a
for the entries listed in the column headed “ Radio surveys per hour, or part thereof, of fishing vessels ” there shall be substituted the following entries —
No fee
£23.66 £47.32 £23.66 £11.83 £23.66
; and
b
for the entries listed in the column headed “ Radio surveys per hour, or part thereof, of other ships ” there shall be substituted the following entries —
No fee
£26.75 £53.50 £26.75 £13.38 £26.75
.
3
In regulation 15 of the Merchant Shipping (Port Waste Reception Facilities) Regulations 1997 for “1997”, on each occasion it occurs, there shall be substituted “1996”.
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
27th February 1998
We consent to the making of these Regulations
Jim Dowd
Bob Ainsworth
Two of the Commissioners of Her Majesty’s Treasury
3rd March 1998


text:
Citation and commencement
1
These Regulations may be cited as the Fishing Vessels (Life-Saving Appliances) (Amendment) Regulations 1998 and shall come into force on 1st May 1998.
Purpose
2
The purpose of these Regulations is to provide for the implementation in part of Council Directive 93/103/ EC of 23rd November 1993 , on the introduction of minimum safety and health requirements for work on board fishing vessels.
Amendment of the Fishing Vessels (Life-Saving Appliances) Regulations 1988
3
The Fishing Vessel (Life-Saving Appliances) Regulations 1988 shall be amended as follows:
1
In regulation 2(1) there shall be inserted, in the appropriate places, the following definitions:
“existing vessel” means a fishing vessel which is not a new fishing vessel;
“new fishing vessel” means a fishing vessel:
for which the building or major conversion contract was placed before 23rd November 1995 (which is delivered three or more years after that date); or
which is constructed on or after 23rd November 1995;
except that if a building or major conversion contract was placed before that date and the vessel was delivered before 23rd November 1998 the vessel shall be regarded as constructed before 23rd November 1995.
2
Between regulation 5 and regulation 6 there shall be inserted the following regulations —
Additional requirements for new vessels 15 metres and over and existing vessels of 18 metres and over
5A
Regulations 5B and 5C apply only to new fishing vessels of 15 metres or more in length and to existing vessels of 18 metres or more in length.
5B
All items of life-saving and survival equipment required by these Regulations shall —
a
be kept in their proper locations, maintained in good working order and be available for immediate use;
b
be checked by the workers before the vessel leaves port and during the voyage;
c
be inspected at regular intervals.
5C
All vessels shall be fitted with an adequate means of recovering a person from the water.
3
In regulation 8(1), for “3 or 5” then shall be substituted “3, 5, 5B or 5C”.
Signed by authority of the Secretary of State for Environment, Transport and the Regions
Glenda Jackson
Parliamentary Under-Secretary of State
Department of the Environment, Transport and Regions
30th March 1998


text:
1
This Order may be cited as the NCIS Service Authority (Levying) (Amendment) Order 1998 and shall come into force on 1st February 1999.
2
1
The NCIS Service Authority (Levying) Order 1997 shall be amended in accordance with the following paragraphs.
2
Paragraph (4) of article 13 (payment of the levy) shall be omitted; and accordingly, in paragraphs (2) and (3) of that article, the words “Subject to paragraph (4) below” shall be omitted.
3
For the Schedule there shall be substituted the following Schedule:
SCHEDULE
APPORTIONMENT OF LEVIES
Articles 9 and 10
1
Each police authority shall contribute to the total amount of the levies issued under section 62 of the 1997 Act a sum which is such proportion of that total amount as is equal to the proportion which the amount of the grant made to that authority for the relevant year under section 46 of the 1996 Act bears to the aggregate amount of grants made for the relevant year under that section.
2
In this Schedule, any reference to the amount of grant made under section 46 of the 1996 Act or to the aggregate amount of grants so made shall be construed as a reference to the amount of grant or, as the case may be, aggregate amount of grants made in pursuance of a formula or other rule applied under subsection (4) of that section which applies to all police authorities; and accordingly any special payment made to one or more police authorities in pursuance of any other formula or rule, or of any consideration taken into account in relation to that police authority under subsection (3) of that section, shall for the purposes of this Schedule be disregarded.
.
Paul Boateng
Minister of State
Home Office
22nd December 1998


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Removal and Disposal of Vehicles (Amendment) Regulations 1998 and shall come into force on 5th October 1998.
2
These Regulations extend to Scotland only.
Amendment
2
The Removal and Disposal of Vehicles Regulations 1986 shall be amended in accordance with the following provisions of these Regulations.
3
After regulation 5A there shall be inserted the following regulation–
5B
1
Where in the area of a particular local authority, a vehicle–
a
has been permitted to remain at rest or has broken down and remained at rest on a road in contravention of a prohibition or restriction contained in an order under section 46 of the 1984 Act in circumstances in which an offence would have been committed in respect of the vehicle but for paragraph 1(4)(b) of Schedule 3 to the Road Traffic Act 1991 (permitted parking areas); or
b
has been permitted to remain at rest or has broken down and remained at rest on a road in contravention of a prohibition or restriction in circumstances in which an offence would have been committed with respect to the vehicle but for paragraph 1(4)(a) or 2(4) of Schedule 3 to the Road Traffic Act 1991 (permitted parking areas or special parking areas),
a parking attendant acting on behalf of the local authority may, subject to the provisions of sections 99 and 100 of the 1984 Act, remove or arrange for the removal of the vehicle from the road to a place which is not on that or any other road, or may remove it or arrange for its removal to another position on that or another road.
2
Paragraph (1)(a) above shall not apply in relation to a vehicle if–
a
not more than 15 minutes have elapsed since the end of any period for which the appropriate charge was duly paid at the time of parking; or
b
not more than 15 minutes have elapsed since the end of any unexpired time (in respect of another vehicle) which is available at the relevant parking meter at the time of parking.
3
This regulation applies only in respect of–
a
a vehicle which is on a road in, and
b
its removal in and to a place in,
Scotland.
4
In this regulation–
“local authority” has the same meaning as in section 100(5)(c) of the 1984 Act; and
“parking meter” has the same meaning as in section 46(2)(a) of that Act.
.
Calum MacDonald
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
5th August 1998


text:
Commencement and citation
1
This Order may be cited as The A1400 Trunk Road (Redbridge) Red Route (Prohibited Turn) Traffic Order 1998, and shall come into force on 23rd January 1998.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
causing includes permitting;
c
“Clayhall Avenue” means the road of that name in the London Borough of Redbridge.
Prohibited Turn
3
Subject to the provisions of article 4 no person shall cause any vehicle on reaching A1400 Woodford Avenue from Clayhall Avenue to U-turn into Clayhall Avenue.
Exemptions
4
The provisions specified in article 3 shall not apply in respect of —
i
any vehicle being used for fire brigade, ambulance or police purpose, or
ii
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
8th January 1998


text:
1
1
These Regulations may be cited as the Criminal Justice and Public Order Act 1994 (Suspension of Custody Officer Certificate) Regulations 1998 and shall come into force on 16th April 1998.
2
In these Regulations, “the 1994 Act ” means the Criminal Justice and Public Order Act 1994.
2
The prescribed circumstances for the purposes of paragraph 3 of Schedule 2 to the 1994 Act (suspension of custody officer certificate) are —
a
where —
i
an allegation has been made against a custody officer (“the officer”) acting in pursuance of escort arrangements (within the meaning of Schedule 1 to the 1994 Act), performing custodial duties at a contracted out secure training centre or performing contracted out functions at a directly managed secure training centre;
ii
the officer has been charged with a criminal offence or disciplinary action is being taken against him by his employer; or
iii
it appears to the escort monitor or, as the case may be, person in charge of the secure training centre that the officer is, by reason of physical or mental illness, or for any other reason, incapable of satisfactorily carrying out his duties; and
b
where the escort monitor or, as the case may be, person in charge of the secure training centre considers that the suspension of the certificate would be conducive to the performance of the functions set out in paragraph 1 of Schedule 1 to the 1994 Act (arrangements for the escort of offenders detained at secure training centres) or, as the case may be, the maintenance of order or discipline in the secure training centre.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
27th February 1998


text:
Title and commencement
1
These Regulations may be cited as the Plant Protection Products (Amendment) Regulations 1998 and shall come into force on 11th December 1998.
Amendment of the Plant Protection Products Regulations 1995
2
Regulation 2(1) of the Plant Protection Products Regulations 1995 shall be amended by substituting for the definition of “the Directive” the following definition–
“the Directive” means Council Directive 91/414/ EEC concerning the placing of plant protection products on the market , as amended by–
Commission Directive 93/71/EEC ;
Commission Directive 94/37/ EC ;
Commission Directive 94/79/EC ;
Commission Directive 95/35/EC ;
Commission Directive 95/36/EC ;
Commission Directive 96/12/EC ;
Commission Directive 96/46/EC ;
Commission Directive 96/68/EC ;
Council Directive 97/57/EC ;
Commission Directive 98/47/EC ;
.
Amendment of the Plant Protection Products (Fees) Regulations 1995
3
Regulation 2 of the Plant Protection Products (Fees) Regulations 1995 shall be amended by substituting for the definition of “ principal Regulations ” the following definition–
“principal Regulations” means the Plant Protection Products Regulations 1995 as amended by–
the Plant Protection Products (Amendment) Regulations 1996 ;
the Plant Protection Products (Amendment) Regulations 1997 ;
the Plant Protection Products (Amendment) ( No. 2) Regulations 1997 ;
the Plant Protection Products (Amendment) Regulations 1998;
.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
10th November 1998
Sewel
Parliamentary Under Secretary of State, Scottish Office
8th November 1998
We consent to the making of regulation 3 of these Regulations,
Jim Dowd
Jane Kennedy
Two of the Lords Commissioners of Her Majesty’s Treasury
6th November 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 1998 and shall come into force on 1st April 1998, but shall have effect, where appropriate, from the dates specified in this Order.
2
In this Order “ the Act ” means the Superannuation Act 1972.
Employments
2
1
Section 1 of the Act shall apply to —
a
persons employed in the National Criminal Intelligence Service (being employment which is remunerated out of the NCIS service fund ), and
b
persons employed in the National Crime Squad (being employment which is remunerated out of the NCS service fund ).
2
Employment in the National Criminal Intelligence Service and employment in the National Crime Squad are hereby added to the employments listed in Schedule 1 to the Act.
Offices
3
1
Section 1 of the Act shall apply to the following offices with effect from the dates specified below —
a
(with effect from 1 September 1994) Her Majesty’s Chief Inspector of Schools in England,
b
(with effect from 1 September 1992) Her Majesty’s Chief Inspector of Schools in Wales, and
c
(with effect from 1st April 1996) the Chairman of the Occupational Pensions Regulatory Authority.
2
The above offices are hereby added to the offices listed in Schedule 1 to the Act.
David Clark
Chancellor of the Duchy of Lancaster for the Minister for the Civil Service


text:
Citation and commencement
1
This Order may be cited as the Mental Health (Nurses) Order 1998 and shall come into force on 17th November 1998.
Prescribed classes of nurse for the purposes of section 5(4) of the Mental Health Act 1983
2
1
For the purposes of section 5(4) of the Mental Health Act 1983 (power to detain patient in hospital for maximum of 6 hours) a nurse of the prescribed class shall be a nurse registered in any part of the register maintained under section 7 of the Nurses, Midwives and Health Visitors Act 1997 which is mentioned in paragraph (2).
2
The parts of the register are: —
a
part 3 (first level nurses trained in the nursing of persons suffering from mental illness);
b
part 4 (second level nurses trained in the nursing of persons suffering from mental illness (England and Wales));
c
part 5 (first level nurses trained in the nursing of persons suffering from learning disabilities);
d
part 6 (second level nurses trained in the nursing of persons suffering from learning disabilities (England and Wales));
e
part 13 (nurses qualified following a course of preparation in mental health nursing);
f
part 14 (nurses qualified following a course of preparation in learning disabilities nursing) .
Revocations
3
The Mental Health (Nurses) Order 1983 and the Mental Health (Nurses) Amendment Order 1993 are hereby revoked.
Frank Dobson
One of Her Majesty’s Principal Secretaries of State,
Department of Health
26th October 1998


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (East Lindsey and Suffolk District Councils) Order 1998 and shall come into force on 13th October 1998.
Exemptions of financial services
2
The provision of financial services shall not be treated as a defined activity so long as it is carried out–
1
by the council of the district of East Lindsey during the period beginning with 1st April 1999 and ending on 31st March 2000;
2
by the council of the district of Suffolk Coastal during the period beginning with 1st April 1999 and ending on 31st March 2001.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
15th September 1998


text:
1
This Order may be cited as the Public Entertainments Licences (Drug Misuse) Act 1997 (Commencement and Transitional Provisions) Order 1998.
2
Sections 1 to 3 of the Public Entertainments Licences (Drug Misuse) Act 1997 shall come into force on 1st May 1998 subject to the transitional provision in article 3 below.
3
Section 1(5) and section 2(5) shall not apply in respect of any offence committed before 1st May 1998.
George Howarth
Minister of State
Home Office
6th April 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Health Boards (Membership and Procedure) (No.2) Amendment Regulations 1998 and shall come into force on 6th July 1998.
2
In these Regulations “the principal Regulations ” means the Health Boards (Membership and Procedure) (No.2) Regulations 1991 .
Amendment to the principal Regulations
2
In regulation 6 of the principal Regulations (disqualification) sub-paragraphs (b) and (c) of paragraph 1 are omitted.
Sam Galbraith
Minister for Health Scottish Office
St Andrew’s House,
Edinburgh
9th June 1998


text:
Citation, commencement and revocation
1
1
These Regulations may be cited as the Merchant Shipping (Prevention of Pollution by Garbage) Regulations 1998 and shall come into force on 1st July 1998.
2
The following Regulations are hereby revoked:
a
the Merchant Shipping (Prevention of Pollution by Garbage) Regulations 1988 ;
b
the Merchant Shipping (Prevention of Pollution by Garbage) (Amendment) Regulations 1993 .
Interpretation
2
1
In these Regulations:
“ the Act ” means the Merchant Shipping Act 1995 ;
“certified” means, in relation to a ship, certified in accordance with the Merchant Shipping (Survey and Certification) Regulations 1995 ;
“controlled waters” means the waters specified as areas within which the jurisdiction and rights of the United Kingdom are exercisable by the Merchant Shipping (Prevention of Pollution) (Limits) Regulations 1996 ;
“Convention” means the International Convention for the Prevention of Pollution from Ships 1973, including its protocols and Annex V (but no other Annex) and appendices thereto as amended by the Protocol of 1978 to that Convention and includes all the amendments adopted by the Organisation’s Marine Environment Protection Committee before September 1997 and any subsequent amendment which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;
“from the nearest land” means, in relation to all land other than the part of Australia specified below, from the nearest baseline from which the territorial sea of any territory is established in accordance with international law; and in relation to the part of the north-eastern coast of Australia which lies between the points 11°00’S, 142°08’E and 24°42’S, 153°15’E, means from the nearest of the straight lines joining consecutively the following points:
11°00'S, 142°08'E; 10°35'S, 141°55'E; 10°00'S, 142°00'E; 9°10'S, 143°52'E; 9°00'S, 144°30'E; 13°00'S, 144°00'E; 15°00'S, 146°00'E; 18°00'S, 147°00'E; 21°00'S, 153°00'E and 24°42'S, 153°15'E;
“garbage” means all kinds of victual, domestic and operational wastes excluding fresh fish and parts thereof, generated during the normal operation of the ship and liable to be disposed of continuously or periodically except sewage originating from ships;
“harmful substances in packaged form” means those substances which are identified as marine pollutants in the IMDG Code and which are in the form of containment specified in the schedules of that Code;
“the IMDG Code” means the 1994 edition of the International Maritime Dangerous Goods Code published by the International Maritime Organisation, as amended from time to time by any document which is considered by the Secretary of State to be relevant and is specified in a Merchant Shipping Notice;
“inspector” means a person appointed as an inspector by the Secretary of State for the purposes of these Regulations under section 256 of the Act or regulation 12(4) below;
“installation” means any drilling or production platform or any other platform used in connection with the exploration, exploitation or associated offshore processing of seabed mineral resources;
“Merchant Shipping Notice” means a notice described as such and issued by the Secretary of State; and any reference to a particular Merchant Shipping Notice includes a reference to any such document amending or replacing that notice;
“mile” means an international nautical mile, that is to say a distance of 1,852 metres;
“noxious liquid substances” and “non-polluting liquid substances” have the meanings respectively given to them in the Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) Regulations 1996 ;
“oil” and “oily mixtures” have the meanings respectively given to them in the Merchant Shipping (Prevention of Oil Pollution) Regulations 1996 ;
“operational wastes” means all maintenance wastes, cargo associated wastes and cargo residues except residues or wastes from oil or oily mixtures, noxious liquid substances, non-polluting liquid substances or harmful substances in packaged form;
“the Organisation” means the International Maritime Organisation;
“overall length” means the extreme length of the hull measured between the foremost part of the bow and the aftmost part of the stern;
“plastics” includes, but is not limited to, synthetic ropes, synthetic fishing nets, plastic bags and foam plastics (polystyrene and styrofoam);
“required standard” means, in relation to comminuted or ground garbage, comminuted or ground sufficiently finely to be capable of passing through a screen with openings no greater than 25 millimetres;
“sea” includes any estuary or arm of the sea;
“ship” means a vessel of any type whatsoever operating in the marine environment including submersible craft, floating craft and hovercraft;
“United Kingdom ship” means a ship which:
is registered in the United Kingdom; or
is not registered under the law of any country but is wholly owned by persons each of whom is either a British citizen or a body corporate which is established under the law of a part of the United Kingdom and has its principle place of business in a part of the United Kingdom.
2
For the purposes of these Regulations a Special Area is any of the following areas, that is to say the Baltic Sea area, the North Sea area and the Antarctic area; and the said areas are respectively defined as follows —
a
“the Baltic Sea area” means the Baltic Sea proper with the Gulf of Bothnia and the Gulf of Finland and the entrance to the Baltic Sea bounded by the parallel 57° 44'.8 N east of the Skaw in the Skagerrak;
b
“the North Sea area” means all sea areas within the following boundaries (including the North Sea proper and the English Channel and its approaches) —
i
to the north, the boundary constituted by the 62° N parallel from Norway westward to 4° W meridian and thence southward to Scotland;
ii
to the east, the boundary constituted by the parallel 57° 44'.8 N east of the Skaw in the Skagerrak;
iii
to the south, the boundary constituted by the parallel 48° 30' N from France westward to 5° W meridian and thence northward to England;
c
“the Antarctic area” means the sea area south of latitude 60° S.
3
In the application of these Regulations to a hovercraft, references to the master of a ship shall be taken to be include references to the captain of the hovercraft.
Application
3
These Regulations apply to —
a
United Kingdom ships wherever they may be;
b
other ships while they are in United Kingdom waters, controlled waters or, in relation to regulations 4 to 7, any other waters which are sea; and
c
fixed or floating installations in controlled waters.
Disposal of Garbage outside Special Areas
4
The disposal of any plastics from a ship to the sea outside any Special Area is prohibited.
5
Subject to regulation 7 below, the disposal of garbage other than plastics from a ship into the sea outside any Special Area is prohibited except where it is made as far from the nearest land as is practicable, and
a
in the case of dunnage, lining and packing materials which will float, not less than 25 miles from the nearest land; or
b
in the case of food wastes and all other garbage including paper products, rags, glass, metal, bottles, crockery and similar refuse, not less than 12 miles or, if such wastes and other garbage have been ground or comminuted to the required standard, not less than 3 miles from the nearest land.
Disposal of Garbage within Special Areas
6
1
Subject to paragraph (2) below, the disposal of any garbage from a ship into the sea within any Special Area is prohibited.
2
The disposal of food wastes from a ship into the sea within any Special Area except the Antarctic area is permitted if the disposal is made a far as practicable, and in any case not less than 12 miles, from the nearest land.
Disposal of garbage into the sea within 500 metres of fixed or floating installations
7
The disposal of any garbage into the sea from a fixed or floating installation, or from any other ship alongside or within 500 metres of such an installation, is prohibited except that food wastes which have been comminuted or ground to the required standard may be disposed of into the sea from such installations or ships if the installation in question is located more than 12 miles from the nearest land.
Restriction on United Kingdom ships entering the Antarctic area
8
A United Kingdom ship shall not enter the Antarctic area unless —
a
it has sufficient capacity for the retention on board of all garbage while operating in the area; and
b
it has concluded arrangements for the discharge of retained garbage at a reception facility after it has left the area.
Placards
9
1
Every ship of 12 metres or more in overall length shall display placards which notify the crew and passengers, if any, of the disposal requirements of regulations 4 to 7 above.
2
In the case of a United Kingdom ship, the information on the placards shall be written in English and, if different, the working language of the crew.
3
In the case of a ship which is not a United Kingdom ship, the information on the placards shall be written in an official language of the State whose flag the ship is entitled to fly and, where the ship is engaged on voyages to ports or offshore terminals under the jurisdiction of a Party to the Convention other than its flag State, in English or French.
4
a
Every fixed or floating installation shall display placards which notify all persons on board of the disposal requirements of regulation 7 above.
b
The information on such placards shall be written in English and, if different, the working language of the crew.
Garbage Management Plan
10
1
This regulation applies to —
a
every ship of 400 tons gross tonnage or above;
b
every ship which is certified to carry 15 persons or more; and
c
every fixed or floating installation.
2
Any ship or installation to which this regulation applies shall carry a garbage management plan which shall —
a
provide written procedures for collecting, storing, processing and disposing of garbage, including the use of equipment on board;
b
designate the person in charge of carrying out the plan;
c
be in accordance with the guidelines developed by the Organisation and set out in Merchant Shipping Notice MSN No. 1720; and
d
be in the working language of the crew.
3
The crew of a ship or installation which is required to carry a garbage management plan under paragraph (2) above shall follow that plan.
Garbage Record Book
11
1
This regulation applies to —
a
every ship of 400 tons gross tonnage or above;
b
every ship certified to carry 15 persons or more which is engaged on voyages to ports or offshore terminals under the jurisdiction of a Party to the Convention other than its flag State; and
c
every fixed and floating installation.
2
Any ship or installation to which this regulation applies shall carry a garbage record book, whether as part of the ship’s official logbook or otherwise, in the form specified in Merchant Shipping Notice MSN No. 1720.
3
The officer in charge of a discharge operation, or incineration, shall make and sign an entry in the garbage record book in respect of the discharge or completed incineration on the date of the discharge or incineration in question.
4
Such entries in the garbage record book shall include —
a
the date and time the discharge or incineration occurred;
b
the position of the ship at the time of the discharge or incineration; and
c
a description of, and the estimated amount of, the garbage discharged or incinerated.
5
If a discharge, escape or accidental loss within the meaning of regulation 20(2)(a) below occurs an entry shall be made in the garbage record book of the circumstances of and the reasons for the discharge, escape or accidental loss.
6
Any entries made in the garbage record book shall —
a
in the case of a United Kingdom ship, be in English and, if different, the working language of the crew;
b
in the case of a ship which is not a United Kingdom ship, be in an official language of the State whose flag the ship is entitled to fly and in English or French. The entries in the official language of the State whose flag the ship is entitled to fly shall prevail in a discrepancy between the different language entries; and
c
in the case of an installation, be in English and, if different, the working language of the crew.
7
Each completed page of the garbage record book shall be signed by the master of the ship or the installation manager (as appropriate).
8
The garbage record book shall —
a
be kept on board the ship or installation and in such a place as to be available for inspection in a reasonable time; and
b
be preserved by the ship’s or installation’s owner for a period of two years after the final entry is made in it.
9
The Secretary of State may waive the requirement for a garbage record book in respect of —
a
any ship certified to carry 15 persons or more engaged on a voyage of one hour or less in duration; or
b
any fixed or floating installation.
Inspection of ships and installations
12
1
An inspector may inspect any ship to which these Regulations apply in any port in the United Kingdom.
2
An inspector may investigate any operation regulated by these Regulations if he has clear grounds for believing that the master or crew are not familiar with the ship’s on-board procedures for preventing pollution by garbage.
3
If the inspector is satisfied, following any such inspection of a ship, that either the master or crew are not familiar with the ship’s on-board procedures for preventing pollution by garbage he shall take such steps as he considers necessary, including detaining the ship, to ensure that the ship does not sail until the situation has been brought into accordance with the requirements of these Regulations.
4
The Secretary of State may appoint any person, either generally or in relation to a particular case, as an inspector under these Regulations in relation to fixed and floating platforms.
5
Any person appointed under paragraph (4) above may at all reasonable hours go on board a platform and inspect it for the purpose of seeing that the provisions of these Regulations are duly complied with.
Inspection of Garbage Record Books
13
1
An inspector may require —
a
in respect of a ship to which regulation 11 applies, the owner, master or any member of the crew of the ship, while the ship is in any United Kingdom port or offshore terminal; and
b
in respect of an installation to which regulation 11 applies, the installation manager or any member of the crew of the installation,
to produce the garbage record book for inspection.
2
An inspector may make a copy of any entry in the garbage record book and may require the master of the ship or installation manager to certify that the copy is a true copy of such an entry.
3
Any copy so made which has been certified by the master of the ship or installation manager as a true copy shall be admissible in any judicial proceedings as evidence of the facts stated therein.
4
The inspection of a garbage record book and the taking of a certified copy by the inspector under this regulation shall be performed as expeditiously as possible without causing the ship to be unduly delayed.
Offences
14
1
Any breach of the requirements of these Regulations (other than of the requirements of regulations 4, 5, 6 or 7) —
a
in respect of a ship, shall be an offence on the part of the owner, manager, demise charterer and master of the ship; and
b
in respect of an installation, shall be an offence on the part of the owner and installation manager,
punishable on summary conviction by a fine not exceeding the statutory maximum or on conviction on indictment by a fine.
2
Any breach of the requirements of regulation 4, 5, 6 or 7 above —
a
in respect of a ship, shall be an offence on the part of the owner, manager, demise charterer and master of the ship; and
b
in respect of an installation, shall be an offence on the part of the owner and installation manager,
and section 131(3) of the Act shall apply as it applies to an offence under that section, so that each of them shall be liable on summary conviction to a fine not exceeding £25,000 or on conviction on indictment to a fine.
15
1
Section 143(6) of the Act (which provides for service of documents on foreign companies required or authorised by any statutory provision in connection with proceedings for an offence under section 131) shall apply to proceedings for an offence under regulations 4, 5, 6 or 7 above as it applies to proceedings for an offence under section 131 of the Act, as if —
a
in respect of an offence in respect of a ship, for the word “owner” there were substituted the words “owner, manager or demise charterer”; and
b
in respect of an offence in respect of an installation —
i
for the word “ship” on the first occasion it occurs there were substituted the word “installation”; and
ii
for the words “master of the ship” there were substituted the words “installation manager”.
2
Section 146 of the Act (which provides for the enforcement and application of fines imposed for offences under Chapter II of Part VI) shall apply to an offence under regulations 4, 5, 6 or 7 above in respect of a ship as it applies to an offence under Chapter II of the Act, as if, in paragraph (1), for the words “owner or master” there were substituted the words “owner, manager, demise charterer or master”.
Power to Detain
16
Where the steps taken by an inspector under regulation 12(3) involve detention of the ship, section 284(1) — (6) and (8) of the Act (which relates to the detention of a ship) shall have effect in relation to that ship, as if for the words “this Act” wherever they appear there were substituted the words “the Merchant Shipping (Prevention of Pollution by Garbage) Regulations 1998.”
17
1
Where a harbour master or an inspector has reason to believe that the owner, manager, demise charterer or master of a ship has committed an offence under regulations 4, 5, 6 or 7 above by the disposal from the ship of garbage the harbour master, if the disposal was into the waters of the harbour, or an inspector, if the disposal was in any other waters, may detain the ship.
2
Section 284 of the Act shall have effect in relation to a detention under paragraph (1) above as if —
a
subsections (1), (6) and (7) were omitted;
b
in subsection (2), if the ship is detained by a harbour master, the reference to competent authority were to the harbour authority; and
c
in subsection (4), the persons in relation to whom that subsection applies were, if the ship is detained by a harbour master, the harbour master or any person acting on his behalf or, if the ship is detained by an inspector, the inspector or any person acting on his behalf.
3
Section 144(3) to (8) of the Act (which relates to the detention of a ship) shall apply to a detention under paragraph (1) above as it applies to a detention under section 144(1) of the Act, as if —
a
in paragraph (3), after the words “harbour master” there were inserted the words “or an inspector”;
b
in paragraph (4) —
i
after the word “harbour master”, there were inserted the words “or an inspector”;
ii
in sub-paragraphs (b), (c) and (d), for the words “owner or master” wherever they appear there were substituted the words “owner, manager, demise charterer or master”; and
iii
in sub-paragraph (c)(i) and (ii) —
aa
if the ship is detained by an inspector, for the words “harbour authority” wherever they appear there were substituted the words “Secretary of State”; and
bb
for “£255,000” in both places where it occurs there were substituted “£30,000”;
c
in paragraph (5) —
i
after the words “harbour authority” there were inserted the words “or Secretary of State (as appropriate)”; and
ii
in sub-paragraph (b), for the words “master or owner” there were substituted the words “owner, manager, demise charterer or master”; and
d
in paragraph 6, for the words “master or owner” wherever they appear there were substituted the words “owner, manager, demise charterer or master”.
Restriction on jurisdiction over offences outside United Kingdom limits
18
1
Proceedings in respect of a ship other than a United Kingdom ship for an offence of contravening any provision of regulations 4 to 6 above which relates to a breach of the said provisions committed in the internal waters, territorial sea or exclusive economic zone of another State (in this regulation “the other State”) shall not be instituted in the United Kingdom unless —
a
the other State, the flag State or a State damaged or threatened by the breach of the Regulations requests that proceedings be taken; or
b
the breach of the Regulations has caused or is likely to cause pollution in United Kingdom waters or controlled waters.
2
Where such proceedings have been instituted but not concluded they shall be suspended upon request by the other State and the Secretary of State shall transmit all the evidence and court records and documents relating to the case, together with any sum paid or security given, to the other State.
Suspension of proceedings at flag State request
19
1
This regulation applies to proceedings instituted but not concluded in the United Kingdom in respect of a breach of the Regulations committed outside United Kingdom waters by a ship other than a United Kingdom ship.
2
a
Any such proceedings shall be suspended if the court is satisfied that the flag State has instituted proceedings corresponding to the proceedings in the United Kingdom in respect of the breach of the Regulations within six months of the institution of the proceedings in the United Kingdom.
b
Subparagraph (a) above does not apply —
i
where the breach of the Regulations resulted in major damage to the United Kingdom; or
ii
the Secretary of State certifies that the flag State has repeatedly disregarded its obligations to enforce effectively the requirements of the Convention in respect of its ships.
3
Where proceedings instituted by the flag State have been brought to a conclusion, the suspended proceedings shall be terminated.
Defences
20
1
In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove —
a
that he took all reasonable steps and exercised all due diligence to ensure that the Regulations were complied with;
b
that the disposal was necessary for the purpose of securing the safety of the ship or installation or those on board, or of saving life at sea; or
c
that the escape of garbage resulted from damage to the ship or installation or the ship’s or installation’s equipment and that all reasonable precautions were taken before and after the damage occurred to prevent or minimise the escape.
2
Without prejudice to paragraph (1) above, it shall be a defence for a person charged to prove —
a
in any proceedings in respect of a ship for contravening regulation 4 or 6 above by the disposal into the sea of synthetic fishing nets or synthetic material incidental to the repair of such nets, that the disposal was an accidental loss and that all reasonable precautions were taken to prevent the loss; or
b
in any proceedings in respect of a ship for contravening any provision of regulations 4 to 6 above, that —
i
the ship is not a United Kingdom ship;
ii
the offence took place outside United Kingdom waters and controlled waters; and
iii
the ship was in a port in the United Kingdom at the time of institution of proceedings by reason only of stress of weather or any other reason beyond the control of the master, owner, charterer or manager (if any).
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Glenda Jackson
Parliamentary Under-Secretary of State
Department of the Environment, Transport and the Regions
1st June 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Durham Health Care National Health Service Trust (Establishment) Order 1998 and shall come into force on 1st April 1998.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“the trust” means the North Durham Health Care National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is hereby established an NHS trust which shall be called the North Durham Health Care National Health Service Trust.
Nature and functions of the trust
3
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more Health Authorities) shall be to provide and manage pursuant to section 5(1)(b) of the Act Dryburn Hospital, North Road, Durham, Co. Durham DH1 5TW and other hospitals, establishments or facilities in the area of County Durham Health Authority, and there to provide hospital accommodation and services and community health services.
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 1998.
2
The accounting date of the trust shall be 31st March.
Restriction on disposal of assets
6
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State
Department of Health
19th March 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Housing Benefit (Permitted Totals) (Amendment) Order 1998 and shall come into force on 31st March 1998.
2
In this Order “the Permitted Totals Order ” means the Housing Benefit (Permitted Totals) Order 1996 .
Permitted total of benefit awarded in exercise of a discretion
2
1
In article 2 of the Permitted Totals Order (permitted total of benefit awarded in exercise of a discretion) the words following “housing benefit” shall be reimbursed as paragraph (a) of article 2 and after paragraph (a) there shall be added the following paragraphs —
b
for the year commencing on 1st April 1997 in relation to an authority shall be the total of the amounts obtained by the calculations set out in articles 3 and 4 below; and
c
for any year commencing on or after 1st April 1998 in relation to an authority shall be the total of the amount obtained by the calculation in article 3 below and the amount specified in the Schedule to this Order.
.
2
The Schedule to this Order shall be added as the Schedule to the Permitted Totals Order.
Permitted total of benefit in modified schemes
3
In article 5 of the Permitted Totals Order for the words “the year commencing” there shall be substituted the words “any year commencing on or after”.
Signed by authority of the Secretary of State for Social Security.
Frank Field
Minister of State,
Department of Social Security
5th March 1998