text:
PART I
GENERAL PROVISIONS
Citation and commencement
1
These Rules may be cited as the Special Immigration Appeals Commission (Procedure) Rules 1998 and shall come into force on the day after the day on which they are made.
Interpretation
2
In these Rules —
“the 1971 Act ” means the Immigration Act 1971 ;
“the 1997 Act ” means the Special Immigration Appeals Commission Act 1997;
“ the chairman ” means the chairman of the Commission ;
“the Commission” means the Special Immigration Appeals Commission; and
“the special advocate” means a person appointed under section 6(1) of the 1997 Act to represent the interests of the appellant.
General duty of Commission
3
1
When exercising its functions, the Commission shall secure that information is not disclosed contrary to the interests of national security, the international relations of the United Kingdom, the detection and prevention of crime, or in any other circumstances where disclosure is likely to harm a public interest.
2
Where the Rules require information not to be disclosed contrary to the public interest, the requirement shall be construed in accordance with paragraph (1).
3
Subject to paragraphs (1) and (2), the Commission must satisfy itself that the material available to it enables it properly to review decisions.
Delegated powers
4
1
The powers of the Commission under the following provisions may be exercised by the chairman or by any other member of the Commission who falls within paragraph 5(a) or (b) of Schedule 1 to the 1997 Act: —
a
rule 12(1) and (3) (amendment and supplementary grounds);
b
rule 13 (directions);
c
rule 25 (application for leave to appeal);
d
rules 26 and 27 (bail proceedings).
2
Instead of exercising a power under paragraph (1), the chairman or member may remit the matter to be dealt with by the Commission.
3
Where the chairman or member exercises any power of the Commission, references to the Commission in the Rules shall as appropriate include references to him.
Notices etc.
5
1
Any document required or authorised to be given or sent to —
a
the Commission, shall be directed to the Secretary to the Commission;
b
the Secretary of State, shall be directed to the Appeal Support Section of the Asylum Directorate of the Home Office.
2
The appellant must inform the Commission if an address given under rule 9(3) changes.
PART II
APPEALS
Application of Part II
6
This Part applies to appeals brought under section 2 of the 1997 Act and appeals mentioned at paragraph 5 of Schedule 2 to that Act, but the provisions of this Part shall not —
prejudice steps already taken in respect of an appeal mentioned at paragraph 5 of that Schedule, or
require any step to be taken under these Rules which is equivalent to a step which has already been taken in respect of such an appeal.
The special advocate
7
1
On receiving a copy of the notice of appeal, the Secretary of State shall inform the relevant law officer of the proceedings before the Commission, with a view to the law officer, if he thinks fit to do so, appointing a special advocate to represent the interests of the appellant in the proceedings.
2
Paragraph (1) applies unless —
a
the Secretary of State does not intend to oppose the appeal, or
b
he does not intend to object to the disclosure of material to the appellant.
3
If at any stage in proceedings before the Commission, paragraph (2)(b) ceases to apply, the Secretary of State shall immediately notify the relevant law officer as in paragraph (1).
4
The function of the special advocate is to represent the interests of the appellant by —
a
making submissions to the Commission in any proceedings from which the appellant and his representative are excluded;
b
cross-examining witnesses at any such proceedings; and
c
making written submissions to the Commission.
5
Except in accordance with paragraphs (6) to (9), the special advocate may not communicate directly or indirectly with the appellant or his representative on any matter connected with proceedings before the Commission.
6
The special advocate may communicate with the appellant and his representative at any time before the Secretary of State makes material available to him under rule 10(3).
7
At any time after the Secretary of State has made material available under rule 10(3), the special advocate may seek directions from the Commission authorising him to seek information in connection with the proceedings from the appellant or his representative.
8
The Commission shall notify the Secretary of State of a request for directions under paragraph (7) and the Secretary of State must, within a period specified by the Commission, give the Commission notice of any objection which he has to the request for information being made or to the form in which it is proposed to be made.
9
Where the Secretary of State makes an objection under paragraph (8), rule 11 shall apply as appropriate.
Time limit for appealing
8
The appellant must give notice of an appeal no later than —
7 days after receiving notice of the decision being appealed in a case where an appellant in the United Kingdom appeals under section 2(1)(g) of the 1997 Act (claim for asylum);
14 days after receiving notice of the decision being appealed in a case where an appellant in the United Kingdom appeals otherwise than under section 2(1)(g) of the 1997 Act;
42 days after receiving notice of the decision being appealed where an appellant appeals from outside the United Kingdom.
Notice of appeal
9
1
An appeal to the Commission is made by sending to the Commission a notice of appeal.
2
The notice of appeal must set out the grounds for the appeal.
3
The notice of appeal must state the name and address of the appellant and the name and address of any representative of the appellant.
4
The appellant or his representative must sign the notice of appeal.
5
The appellant must attach to the notice of appeal a copy of the document which informed him of the decision being appealed.
6
As soon as practicable after it receives a notice of appeal, the Commission shall send a copy to —
a
the Secretary of State, and
b
where the decision being appealed is a decision to refuse asylum, the United Kingdom Representative of the United Nations High Commissioner for Refugees.
Secretary of State’s reply
10
1
If the Secretary of State intends to oppose the appeal, he must, no later than 42 days after receiving a copy of the notice of appeal, —
a
provide the Commission with a summary of the facts relating to the decision being appealed and the reasons for the decision;
b
inform the Commission of the grounds on which he opposes the appeal; and
c
provide the Commission with a statement of the evidence which he relies upon in support of those grounds.
2
Where the Secretary of State objects to material referred to in paragraph (1) being disclosed to the appellant or his representative, he must also —
a
state the reasons for his objection; and
b
if and to the extent it is possible to do so without disclosing information contrary to the public interest, provide a statement of that material in a form which can be shown to the appellant.
3
Where he makes an objection under paragraph (2), the Secretary of State must make available to the special advocate, as soon as it is practicable to do so, the material which he has provided to the Commission under paragraphs (1) and (2).
Consideration of Secretary of State’s objection
11
1
Proceedings under this rule shall take place in the absence of the appellant and his representative.
2
The Commission shall decide whether to uphold the Secretary of State’s objection.
3
Before doing so, it must invite the special advocate to make written representations.
4
After considering representations made under paragraph (3), the Commission may —
a
invite the special advocate to make oral representations; or
b
uphold the Secretary of State’s objection without requiring further representations from the special advocate.
5
Where the Commission is minded to overrule the Secretary of State’s objection, or to require him to provide material in a different form from that in which he has provided it under rule 10(2)(b), the Commission must invite the Secretary of State and the special advocate to make oral representations.
6
Where —
a
the Commission overrules the Secretary of State’s objection or requires him to provide material in a different form from that which he has provided under rule 10(2)(b), and
b
the Secretary of State wishes to continue to oppose the appeal,
he shall not be required to disclose any material which was the subject of his unsuccessful objection if he chooses not to rely upon it in opposing the appeal.
Amendment and supplementary grounds
12
1
With the leave of the Commission, the appellant may amend his notice of appeal or deliver supplementary grounds of appeal.
2
Rule 9(6) applies to an amended notice of appeal and to supplementary grounds of appeal provided under paragraph (1).
3
With the leave of the Commission, the Secretary of State may amend or supplement the material which he has provided under rule 10.
4
Where the Secretary of State provides further objections under paragraph (3), the Commission shall consider them in accordance with rule 11.
Directions
13
1
Subject to any decision which it makes under rule 11 and to the need to secure that information is not disclosed contrary to the public interest, the Commission may give directions for the conduct of proceedings.
2
Directions may —
a
provide for a particular matter to be dealt with as a preliminary issue and for a pre-hearing review to be held;
b
limit the length of oral submissions and the time allowed for the examination and cross-examination of witnesses;
c
require any party to the appeal to give to the Commission —
i
statements of facts and statements of the evidence which will be called at any hearing, including such statements provided in a modified or edited form;
ii
a skeleton argument which summarises the submissions which will be made and cites all the authorities which will be relied upon, identifying any particular passages to be relied upon;
iii
an estimate of the time which will be needed for any hearing;
iv
a list of the witnesses who will be called to give evidence;
v
a chronology of events;
vi
a statement of any interpretation requirements,
and to serve any such material on the other parties to the appeal.
3
The Commission may, subject to any specific provisions of the Rules, specify time limits for steps to be taken in the proceedings and may extend any time limit.
4
The power to give directions may be exercised in the absence of the parties.
Failure to comply with directions
14
1
Where a party fails to comply with a direction, the Commission may send him a notice which states —
a
the respect in which he has failed to comply with the relevant direction;
b
the time limit for complying with the direction; and
c
that the Commission may proceed to determine the appeal on the material available to it if the party fails to comply with the relevant direction within the time specified.
2
Where the party in default fails to comply with the notice under paragraph (1), the Commission may proceed in accordance with paragraph (1)(c).
Applications by Secretary of State
15
1
This rule applies to the notification to the appellant by the Commission of —
a
any order or direction made or given in the absence of the Secretary of State,
b
any summary prepared under rule 22, and
c
its determination under rule 23.
2
Before the Commission notifies the appellant as mentioned in paragraph (1), it must first notify the Secretary of State.
3
If the Secretary of State considers that compliance by him with an order or direction or notification to the appellant of any matter under paragraph (1) would cause information to be disclosed contrary to the public interest, he may apply to the Commission to reconsider the order or direction or to review the proposed summary or determination.
4
At the same time as he makes his application, or as soon as practicable afterwards, the Secretary of State must send a copy of it to the special advocate.
5
An application by the Secretary of State must be made within 14 days of receipt of notification under paragraph (2), and the Commission shall not notify the appellant as mentioned in paragraph (1) before the time for applying has expired.
6
Rule 11 shall apply as appropriate to the Commission’s consideration of the Secretary of State’s application.
Notification of hearing
16
The Secretary to the Commission must send notice of the date, time and place fixed for any hearing to the special advocate and every party entitled to attend that hearing.
Parties
17
1
The parties to an appeal shall be the appellant and the Secretary of State.
2
If the United Kingdom Representative of the United Nations High Commissioner for Refugees (the “United Kingdom Representative”) gives written notice that he wishes to be treated as a party to the appeal, he shall be so treated from the date of the notice.
3
Any restriction imposed by or under these Rules in relation to the appellant as to the disclosure of material, attendance at hearings, notification of directions or decisions and communications with the special advocate, applies to the United Kingdom Representative.
Representation of parties
18
1
The appellant may act in person or be represented or appear by —
a
a person having a qualification referred to in section 6(3) of the 1997 Act,
b
a person appointed by any voluntary organisation for the time being in receipt of a grant under section 23 of the 1971 Act, or
c
with the leave of the Commission, any other person.
2
The Secretary of State and the United Kingdom Representative may be represented by any person appointed by them respectively for that purpose.
Proceedings in private
19
1
Where the Commission considers it necessary for the appellant and his representative to be excluded from the proceedings or any part of them in order to secure that information is not disclosed contrary to the public interest, it must —
a
direct accordingly, and
b
hear the proceedings, or that part of it from which the appellant and his representative are excluded, in private.
2
The Commission may hear the proceedings or part of them in private for any other good reason.
Evidence
20
1
In any proceedings on an appeal, the evidence of witnesses may be given either —
a
orally, before the Commission, or
b
in writing, in which case it shall be given in such a manner and at such time as the Commission has directed.
2
The Commission may also receive evidence in documentary or any other form.
3
The Commission may receive evidence that would not be admissible in a court of law.
4
No person shall be compelled to give evidence or produce a document which he could not be compelled to give or produce on the trial of an action in the part of the United Kingdom in which the proceedings before the Commission are taking place.
5
Every party shall be entitled to adduce evidence and to cross-examine witnesses during any part of the hearing of the appeal from which he and his representative are not excluded.
6
The Commission may require a witness to give evidence on oath.
Summoning of witnesses
21
1
Subject to rules 3 and 20(4) and paragraph (2) of this rule, the Commission may require any person in the United Kingdom to attend as a witness at any proceedings before the Commission and to answer any questions or produce any documents in his custody or under his control which relate to any matter in question in the appeal.
2
No person shall be required to travel more than 16 kilometres from his place of residence unless the necessary expenses of his attendance are paid or tendered to him.
3
Where a party requests the attendance of a witness, that party must pay or tender those expenses.
Notification to appellant before determination
22
1
Where the appellant or his representative have been excluded from the hearing of the appeal or any part of it, the Commission must, before it makes a determination, give the appellant a summary of the submissions and evidence received in his absence if and to the extent it is possible to do so without disclosing information contrary to the public interest.
2
Where the Commission provides such a summary, it shall afford the special advocate and the parties an opportunity to make representations and adduce evidence or further evidence to the Commission in respect of the material contained in it.
Promulgation of determination
23
1
The Commission must record its determination and, if and to the extent it is possible to do so without disclosing information contrary to the public interest, the reasons for it.
2
The Commission shall publish its determination and send written notice of it to the special advocate and the parties.
PART III
LEAVE TO APPEAL FROM COMMISSION
Application of Part III
24
This Part applies to applications for leave to appeal, on a question of law, to the Court of Appeal, the Court of Session or the Court of Appeal in Northern Ireland, as the case may be, from a final determination of an appeal by the Commission.
Application for leave to appeal
25
1
An application to the Commission for leave to appeal shall be made not later than 10 days after the party seeking to appeal has received written notice of the determination.
2
The Commission may decide an application for leave without a hearing unless it considers there are special circumstances which make a hearing necessary or desirable.
PART IV
BAIL APPLICATIONS
Application for bail: procedure
26
1
Subject to the provisions of this rule and rule 27, these Rules apply to —
a
applications for bail by a person who brings an appeal under section 2 of the 1997 Act, and
b
applications to the Commission under paragraphs 22 to 24 of Schedule 2 to the 1971 Act,
with appropriate modifications.
2
References in the Rules to the appellant shall be read, in relation to bail applications, as if they were references to the applicant.
3
Rules 8 and 9 shall not apply to bail applications.
4
Rule 10(1) (time limit for Secretary of State to reply) shall apply as if “14 days” were substituted for “42 days”.
5
An application to the Commission to be released on bail must be made in writing and shall contain the following particulars —
a
the full name of the applicant;
b
the address of the place where, and the reason why, the applicant is detained at the time when the application is made;
c
the date of any notice of appeal which has been given;
d
the address where the applicant would reside if his application for bail were to be granted;
e
the amount of the recognizance in which he would agree to be bound;
f
the full names, addresses and occupations of two persons who might act as sureties for the applicant if his application for bail were to be granted, and the amounts of the recognizances in which those persons might agree to be bound; and
g
the grounds on which the application is made and, where a previous application has been refused, particulars of any change in circumstances which has occurred since that refusal.
6
In its application to Scotland, this rule shall have effect as if, for paragraph (5)(e) and (f), there were substituted —
e
the amount, if any, to be deposited if bail is granted;
f
the full names, addresses and occupations of such persons if any, who offer to act as cautioners if the applicant’s application for bail were to be granted;
.
7
A bail application shall be signed by the applicant or by a person duly authorised by him for that purpose or, in the case of an applicant who is a minor or who is for any reason incapable of acting, by any person acting on his behalf.
8
The application must be delivered, or sent by post, to the Commission.
Release on bail
27
1
Where the Commission directs the release of an applicant on bail and the taking of the recognizance is postponed under paragraph 22(3) or 29(6) of Schedule 2 to the 1971 Act, it shall certify in writing that the applicant has been granted bail and shall include in the certificate —
a
particulars of the conditions to be endorsed on the recognizance with a view to the recognizance being taken subsequently;
b
the amounts in which the applicant and any sureties are to be bound; and
c
the date of issue of the certificate.
2
The person having custody of an applicant shall release him —
a
on receipt of a certificate signed by the Commission stating that the recognizances of any sureties required have been taken or on being otherwise satisfied that all such recognizances have been taken, and
b
on being satisfied that the applicant has entered into his recognizance.
3
In its application to Scotland, this rule shall have effect as if for paragraph (2), there were substituted —
2
The person having custody of an appellant shall release him —
a
on receipt of a certified copy of the decision to grant bail, and
b
on being satisfied that the amount, if any, to be deposited has been so deposited.
.
Irvine of Lairg, C.
Dated 30th July 1998


type: legislation

jurisdiction: UK

text:
Title and commencement
1
This Order may be cited as the Third Country Fishing (Enforcement) Order 1998 and shall come into force on 14th March 1998.
Interpretation
2
1
In this Order “a relevant Community provision” means a provision of a regulation of the European Community referred to in column 1 of the Schedule to this Order which is specified in column 2 thereof, opposite the reference to that regulation.
2
In this Order any reference to a logbook or other document includes, in addition to a logbook or document in writing —
a
any map, plan, graph or drawing;
b
any photograph;
c
any disk, tape, sound track or other device in which sounds or other data are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and
d
any film (including microfilm), negative, tape, disk or other device in which one or more visual images are recorded so as to be capable (as aforesaid) of being reproduced therefrom.
Offences
3
Where there is, in respect of any fishing boat to which a relevant Community provision applies, a contravention of, or failure to comply with, that provision within British fishery limits, the master, the owner and the charterer (if any) of that boat shall be guilty of an offence.
Penalties
4
1
A person guilty of an offence under article 3 of this Order founded on a contravention of, or failure to comply with, a relevant Community provision, shall be liable —
a
on summary conviction to a fine not exceeding the amount specified in the appropriate entry in column 4 of the Schedule to this Order; or
b
on conviction on indictment to a fine.
2
A person guilty of an offence under article 3 of this Order founded on a contravention of, or failure to comply with —
a
a relevant Community provision to which paragraph (3) below applies shall also be liable —
i
to the forfeiture of any net or other fishing gear in respect of which the offence was committed, or which was used in committing the offence, or which was used for catching any fish in respect of which the offence was committed; and
ii
to the forfeiture of any fish in respect of which the offence was committed, or, on summary conviction only, to a fine not exceeding the value of any fish in respect of which the offence was committed; or
b
a relevant Community provision to which paragraph (4) below applies shall also be liable to the forfeiture of any fish in respect of which the offence was committed, or, on summary conviction only, to a fine not exceeding the value of any fish in respect of which the offence was committed.
3
This paragraph applies to Articles 1, 2(1), 3(1) and 4 of the Council Regulation referred to in paragraph 1 of the Schedule to this Order and Articles 1, 2(1) and 3(1) of the Council Regulation referred to in paragraph 2 of the Schedule to this Order.
4
This paragraph applies to Article 2(2) of the Council Regulation referred to in paragraph 1 of the Schedule to this Order and Article 2(2) of the Council Regulation referred to in paragraph 2 of the Schedule to this Order.
Recovery of fines
5
1
Where a fine is imposed by a magistrates' court in England and Wales or Northern Ireland on the master or a member of the crew of a fishing boat who is convicted by the court of an offence under article 3 or 10 of this Order, the court may —
a
issue a warrant of distress against the boat and its gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.
2
Where a fine is imposed by a sheriff in Scotland on the master or a member of the crew of a fishing boat who is convicted by the sheriff of an offence under article 3 or 10 of this Order, the sheriff may —
a
issue a warrant for the arrestment and sale of the boat and its gear and catch and any property of the person convicted; and
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid, whichever occurs first.
3
Sections 77(1) and 78 of the Magistrates' Courts Act 1980 (postponement of issue of, and defects in, warrants of distress) shall apply to a warrant of distress issued under this article in England and Wales as they apply to a warrant of distress issued under Part III of that Act.
4
Articles 114(2) and 154 of the Magistrates' Courts (Northern Ireland) Order 1981 (postponement of issue of and stay of execution of certain warrants and objections as to want of form or variance between complaint etc. and evidence adduced) shall apply to a warrant of distress issued under this article in Northern Ireland as it applies to a warrant referred to in those articles.
Powers of British sea-fishery officers in relation to fishing boats
6
1
For the purpose of enforcing the provisions of article 3 of this Order a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) of this article in relation to any fishing boat to which a relevant Community provision applies, which is within British fishery limits.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and may require the boat to stop and do anything else which will facilitate either the boarding of, or the disembarkation from, the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) of this article and, in particular —
a
may search for fish or fishing gear on the boat and may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to any fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession;
c
for the purpose of ascertaining whether an offence has been committed under article 3 of this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search including rendering all documents on the boat’s computer systems into a visible and legible form;
d
inspect and take copies of any such document produced to him or found on board and, where any such document is kept by means of a computer, require it to be produced in a form in which it may be taken away; and
e
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (e) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that an offence under article 3 of this Order has at any time been committed, he may —
a
require the master of the boat in relation to which the offence took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Powers of British sea-fishery officers on land
7
1
For the purpose of enforcing the provisions of article 3 of this Order, any British sea-fishery officer may —
a
enter and inspect at any reasonable time any premises used for carrying on any business in connection with the operation of fishing boats or activities connected therewith or ancillary thereto or with the treatment, storage or sale of sea fish;
b
take with him such other persons as appear to him to be necessary and any equipment or materials;
c
examine any fish on the premises and require persons on the premises to do anything which appears to him to be necessary for facilitating the examination;
d
carry out at such premises such other inspections or tests as may reasonably be necessary;
e
require any person not to remove or cause to be removed any fish from such premises for such a period as may be reasonably necessary for the purposes of establishing whether an offence under article 3 of this Order has at any time been committed;
f
require any person on the premises to produce any documents which are in his custody or possession relating to the catching, landing, transportation, trans-shipment, sale or disposal of any sea fish;
g
for the purpose of ascertaining whether any person on the premises has committed an offence under article 3 of this Order, search the premises for any such document and may require any person on the premises to do anything which appears to him to be necessary for facilitating the search including rendering all documents on computer systems into a visible and legible form;
h
inspect and take copies of any such document produced to him or found on the premises and, where any such document is kept by means of a computer, require it to be produced in a form in which it may be taken away; and
i
if he has reason to suspect that such an offence has been committed, seize and detain any such document produced to him or found on the premises for the purpose of enabling the document to be used as evidence in proceedings for the offence.
2
The provisions of paragraph (1) above shall apply mutatis mutandis in relation to any land used in connection with any of the activities described in paragraph (1) above, or in respect of any vehicle which a British sea-fishery officer has reasonable cause to believe is being used to transport fisheries products, as they apply in relation to premises and, in the case of a vehicle, shall include power to require the vehicle to stop at any time and, if necessary, direct the vehicle to some other place to facilitate the inspection.
Powers of British sea-fishery officers to seize fish and fishing gear
8
1
Any British sea-fishery officer may seize —
a
any fish (including any receptacle which contains the fish) and any net or other fishing gear in respect of which he has reasonable grounds to suspect that an offence under article 3 of this Order founded on a contravention of, or failure to comply with, a relevant Community provision to which paragraph (2) below applies has been committed;
b
any fish (including any receptacle which contains the fish) in respect of which he has reasonable grounds to suspect that an offence under article 3 of this Order founded on a contravention of, or failure to comply with, a relevant Community provision to which paragraph (3) belows applies has been committed.
2
This paragraph applies to Articles 1, 2(1), 3(1) and 4 of the Council Regulation referred to in paragraph 1 of the Schedule to this Order and Articles 1, 2(1) and 3(1) of the Council Regulation referred to in paragraph 2 of the Schedule to this Order.
3
This paragraph applies to Article 2(2) of the Council Regulation referred to in paragraph 1 of the Schedule to this Order and Article 2(2) of the Council Regulation referred to in paragraph 2 of the Schedule to this Order.
Protection of officers
9
An officer or a person assisting him by virtue of article 6(2) or 7(1)(b) of this Order shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by articles 6 to 8 of this Order if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care.
Obstruction of officers
10
Any person who —
a
fails without reasonable excuse to comply with any requirement imposed by a British sea-fishery officer under the powers conferred on British sea-fishery officers by articles 6 and 7 of this Order; or
b
without reasonable excuse prevents, or attempts to prevent, any other person from complying with any such requirement; or
c
assaults an officer who is exercising any of the powers conferred on British sea-fishery officers by articles 6 to 8 of this Order or intentionally obstructs any such officer in the exercise of any of those powers,
shall be guilty of an offence and liable —
i
on summary conviction to a fine not exceeding the statutory maximum; or
ii
on conviction on indictment to a fine.
Proceedings
11
Proceedings for an offence under this Order may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
Admissibility in evidence of logbooks and other documents
12
Any logbook or other document kept on board or held in pursuance of a relevant Community provision shall, in any proceedings for an offence under this Order —
a
in England, Wales or Northern Ireland, be evidence of the matters stated therein; and
b
in Scotland, be received in evidence without being produced or sworn to by any witness and shall be sufficient evidence of the matters stated therein.
Revocation
13
The Third Country Fishing (Enforcement) Order 1997 and the Third Country Fishing (Enforcement) (Amendment) Order 1997 are hereby revoked.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
10th February 1998
Sewel
Parliamentary Under Secretary of State, Scottish Office
10th February 1998
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
11th February 1998
Marjorie Mowlam
Secretary of State for Northern Ireland
10th February 1998


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


text:
Citation
1
This Order may be cited as the Plant Varieties Act 1997 (Commencement) Order 1998.
Provisions coming into force on 8th May 1998
2
The Plant Varieties Act 1997, other than sections 49, 53 and 54 , shall come into force on 8th May 1998.
Donoughue
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
8th April 1998
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
7th April 1998
Dubs
Parliamentary Under Secretary of State, Northern Ireland Office
8th April 1998


text:
Commencement and citation
1
This Order may be cited as The A10 Trunk Road (Haringey) Red Route Experimental Traffic Order 1998, and shall come into force on 18th September 1998.
Interpretation
2
In this Order–
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column (2) of the table in schedule 1;
f
“vehicle ” includes part of a vehicle;
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule;
h
“bus” has the meaning given by regulation 22(2) of the Traffic Signs Regulations and General Directions 1994 ;
i
“bus stop” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stop”;
j
“bus stand” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stand”; and
k
“London Regional Transport” has the meaning given by the London Regional Transport Act 1984 .
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Buses: The controls specified in article 3(1) do not apply in respect of a person causing a bus to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that–
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies–
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3 ) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing:
a
a bus to stop at a bus stop for as long as may be required to enable passengers to board or alight; or
b
a bus to stop at a bus stop or a bus stand and being used for operational reasons in the course of providing a London bus service (as defined in section 34 of the Transport Act 1985 ) under an agreement with London Regional Transport or training drivers to allow such a service to be provided.
2
In this article “operational reasons” means:
i
to enable passengers to board and alight;
ii
to enable crew changes to take place;
iii
to maintain the scheduled timetable subject, in the case of a bus stop, to a maximum wait of two minutes.
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is–
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Power to modify or suspend this Order
10
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Suspensions of existing Orders
11
1
Subject to paragraph (2) of this article, the Haringey (Waiting and Loading Restriction) (Special Parking Area) (No.1) Order 1994 is hereby suspended, in so far as its provisions relate to any part of the trunk road red route.
2
The suspension specified in paragraph (1) of this article shall take effect in respect of any provision contained in the Haringey (Waiting and Loading Restriction) (Special Parking Area) (No.1) Order 1994 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
4th September 1998


text:
Citation, commencement and application
1
1
This Order may be cited as the Cambridgeshire County Council (City of Peterborough) (Staff Transfer) Order 1998 and shall come into force on 1st April 1998.
2
This Order makes provisions which are consequential on or supplementary to, the Cambridgeshire (City of Peterborough) (Structural, Boundary and Electoral Changes) Order 1996 .
Interpretation
2
In this Order —
“contract of employment” means a contract under which a person works for another person whether under a contract of service or apprenticeship or otherwise but does not include a contract for services;
“designated list” means the list marked “The Cambridgeshire County Council (City of Peterborough) (Staff Transfer) Order 1998 Designated List” which is signed by the Secretary of State for the Environment, Transport and the Regions, one copy of which is deposited with the Peterborough City Council, one with the Cambridgeshire County Council and one in the offices of the Secretary of State for the Environment, Transport and the Regions;
“employee” means a person employed under a contract of employment including a person employed under a fixed term contract the expiry date for which is after 31st March 1998, but does not include a person whose employment is on a temporary basis and who on 31st March 1998 has had a continuous period of employment (when calculated in accordance with sections 210 to 219 of the Employment Rights Act 1996 ) of less than two years.
Transfer of Staff
3
1
This article shall apply to any employee (a “designated employee”) —
a
who immediately before 1st April 1998 (“the reorganisation date”) is employed by the Cambridgeshire County Council;
b
whose employment would continue but for the transfer of functions to the Council of the City of Peterborough; and
c
whose name is mentioned, or who falls within a class or description of employees which is mentioned, in the designated list.
2
The contract of employment of a designated employee shall not be terminated on the reorganisation date but shall have effect as if originally made between that employee and the City of Peterborough Council.
3
This article is without prejudice to any provision of the Transfer of Undertakings (Protection of Employment) Regulations 1981 .
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
25th February 1998


text:
1
These Regulations may be cited as the Commercial Agents (Council Directive) (Amendment) Regulations 1998 and shall come into force on 16th December 1998.
2
The Commercial Agents (Council Directive) Regulations 1993 shall be amended–
a
in regulation 1 by deleting paragraph (3) and substituting–
3
A court or tribunal shall:
a
apply the law of the other member State concerned in place of regulations 3 to 22 where the parties have agreed that the agency contract is to be governed by the law of that member State;
b
(whether or not it would otherwise be required to do so) apply these regulations where the law of another member State corresponding to these regulations enables the parties to agree that the agency contract is to be governed by the law of a different member State and the parties have agreed that it is to be governed by the law of England and Wales or Scotland.
;
b
in regulation 2 by the insertion in paragraph (1) after the definition of “commission” of the following definitions–
“ EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;
“member State” includes a State which is a contracting party to the EEA Agreement;
; and
c
in regulation 17 by the substitution in paragraph (2) of the word “contract” for the word “contact”.
Kim Howells
Parliamentary Under Secretary of State for Competition and Consumer Affairs,
Department of Trade and Industry
19th November 1998


text:
1
This Order may be cited as the Public Telecommunication System Designation (Sonic Telecommunications International Limited) Order 1998 and shall come into force on 3rd 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:
1
This Order may be cited as The Hyde-Clarendon College (Dissolution) Order 1998 and shall come into force on 18th February 1998.
2
On 18th February 1998 the Transferor shall be dissolved and all of its property, rights and liabilities shall be tranferred to the Transferee, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the Transferor immediately before 18th February 1998 as if the references in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 18th February 1998;
c
to the transferor were to the Transferor; and
d
to the corporation were to the Transferee.
Tessa Blackstone
Minister of State,
Department for Education and Employment
27th January 1998


text:
Citation and commencement
1
This Order may be cited as the Teacher Training Agency (Additional Functions) Order 1998 and shall come into force on 1st June 1998.
Conferring of additional function
2
There is hereby conferred on the Teacher Training Agency the additional function of arranging the provision of training for, and the assessment of, candidates undertaking a qualification, to be known as the National Professional Qualification for Headship, regarding a person’s abilities to act as a head teacher of a school.
Estelle Morris
Parliamentary Under-Secretary of State,
Department for Education and Employment
5th May 1998


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


text:
Commencement and Citation
1
This Order may be cited as the A23 Trunk Road (Croydon) Red Route (Prohibited Turns) (No. 3) Experimental Traffic Order 1998, and shall come into force on 27th September 1998.
Interpretation
2
In this Order:–
a
a reference to an article followed by a number is a reference to the article of this order so numbered;
b
Causing includes permitting;
c
“Purley Way” means that length of the A23 Trunk Road in the London Borough of Croydon known as Purley Way;
d
“B271 Stafford Road” means that length of the B271 in the London Borough of Croydon known as Stafford Road;
e
“Denning Avenue” means the road of that name in the London Borough of Croydon.
Prohibition
3
Subject to the provisions of article 4 below, no person shall cause a vehicle having entered Purley Way from B271 Stafford Road:–
a
to turn right so as to proceed southwards in A23 Purley Way;
b
to turn right so as to proceed eastwards in Denning Avenue.
Exemptions
4
The controls specified in article 3 shall not apply to:–
a
anything done with the permission or at the direction of a police constable in uniform or a traffic warden; or
b
a vehicle being used for fire brigade, ambulance or police purposes.
Power to modify or suspend this Order
5
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on-street, or for preserving or improving the amenities of the area through which any road affected by this order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
11th September 1998


text:
Citation and commencement
1
These Regulations may be cited as the Lifting Operations and Lifting Equipment Regulations 1998 and shall come into force on 5th December 1998.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the 1974 Act” means the Health and Safety at Work etc. Act 1974;
“the 1992 Regulations ” means the Supply of Machinery (Safety) Regulations 1992 ;
“accessory for lifting” means work equipment for attaching loads to machinery for lifting;
“ EC declaration of conformity” means a declaration which complies with —
regulation 22 of the 1992 Regulations;
Article 12.1 of Council Directive 89/686/ EEC on the approximation of the laws of the Member States relating to personal protective equipment; or
regulation 8(2)(d) of the Lifts Regulations 1997 ;
“employer” except in regulation 3(2) and (3) includes a person to whom the requirements imposed by these Regulations apply by virtue of regulation 3(3)(a) and (b);
“essential requirements” has the same meaning as in the Provision and Use of Work Equipment Regulations 1998 ;
“examination scheme” means a suitable scheme drawn up by a competent person for such thorough examinations of lifting equipment at such intervals as may be appropriate for the purpose described in regulation 9(3);
“ the Executive ” means the Health and Safety Executive;
“lifting equipment” means work equipment for lifting or lowering loads and includes its attachments used for anchoring, fixing or supporting it;
“lifting operation” has the meaning given in regulation 8(2);
“load” includes a person;
“thorough examination” in relation to a thorough examination under paragraph (1), (2) or (3) of regulation 9 —
means a thorough examination by a competent person;
where it is appropriate to carry out testing for the purpose described in the paragraph, includes such testing by a competent person as is appropriate for the purpose,
and “thoroughly examined” shall be construed accordingly;
“work equipment” means any machinery, appliance, apparatus, tool or installation for use at work (whether exclusively or not).
2
Unless the context otherwise requires, any reference in these Regulations to —
a
a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered; and
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.
Application
3
1
These Regulations shall apply —
a
in Great Britain; and
b
outside Great Britain as sections 1 to 59 and 80 to 82 of the 1974 Act apply by virtue of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1995 (“the 1995 Order ”).
2
The requirements imposed by these Regulations on an employer in respect of lifting equipment shall apply in relation to lifting equipment provided for use or used by an employee of his at work.
3
The requirements imposed by these Regulations on an employer shall also apply —
a
to a self-employed person, in respect of lifting equipment he uses at work;
b
subject to paragraph (5), to a person who has control to any extent of —
i
lifting equipment;
ii
a person at work who uses or supervises or manages the use of lifting equipment; or
iii
the way in which lifting equipment is used,
and to the extent of his control.
4
Any reference in paragraph (5)(b) to a person having control is a reference to a person having control in connection with the carrying on by him of a trade, business or other undertaking (whether for profit or not).
5
The requirements imposed by these Regulations on an employer shall not apply to a person in respect of lifting equipment supplied by him by way of sale, agreement for sale or hire-purchase agreement.
6
Subject to paragraphs (7) to (10), these Regulations shall not impose any obligation in relation to a ship’s work equipment (whether that equipment is used on or off the ship).
7
Where merchant shipping requirements are applicable to a ship’s work equipment, paragraph (6) shall relieve the shore employer of his obligations under these Regulations in respect of that equipment only where he has taken all reasonable steps to satisfy himself that the merchant shipping requirements are being complied with in respect of that equipment.
8
In a case where the merchant shipping requirements are not applicable to the ship’s work equipment by reason only that for the time being there is no master, crew or watchman on the ship, those requirements shall nevertheless be treated for the purpose of paragraph (7) as if they were applicable.
9
Where the ship’s work equipment is used in a specified operation paragraph (6) shall not apply to regulations 6 and 8 (each as applied by regulation 3).
10
Paragraph (6) does not apply to a ship’s work equipment provided for use or used in an activity (whether carried on in or outside Great Britain) specified in the 1995 Order save that it does apply to —
a
the loading, unloading, fuelling or provisioning of the ship; or
b
the construction, reconstruction, finishing, refitting, repair, maintenance, cleaning or breaking up of the ship.
11
In this regulation —
“master” has the meaning assigned to it by section 313(1) of the Merchant Shipping Act 1995 ;
“merchant shipping requirements” means the requirements of regulations 3 and 4 of the Merchant Shipping (Guarding of Machinery and Safety of Electrical Equipment) Regulations 1988 and regulations 5 to 10 of the Merchant Shipping (Hatches and Lifting Plant) Regulations 1988 ;
“ship” has the meaning assigned to it by section 313(1) of the Merchant Shipping Act 1995 save that it does not include an offshore installation;
“shore employer” means an employer of persons (other than the master and crew of any ship) who are engaged in a specified operation;
“specified operation” means an operation in which the ship’s work equipment is used —
by persons other than the master and crew; or
where persons other than the master and crew are liable to be exposed to a risk to their health or safety from its use.
Strength and stability
4
Every employer shall ensure that —
a
lifting equipment is of adequate strength and stability for each load, having regard in particular to the stress induced at its mounting or fixing point;
b
every part of a load and anything attached to it and used in lifting it is of adequate strength.
Lifting equipment for lifting persons
5
1
Every employer shall ensure that lifting equipment for lifting persons —
a
subject to sub-paragraph (b), is such as to prevent a person using it being crushed, trapped or struck or falling from the carrier;
b
is such as to prevent so far as is reasonably practicable a person using it, while carrying out activities from the carrier, being crushed, trapped or struck or falling from the carrier;
c
subject to paragraph (2), has suitable devices to prevent the risk of a carrier falling;
d
is such that a person trapped in any carrier is not thereby exposed to danger and can be freed.
2
Every employer shall ensure that if the risk described in paragraph (1)(c) cannot be prevented for reasons inherent in the site and height differences —
a
the carrier has an enhanced safety coefficient suspension rope or chain; and
b
the rope or chain is inspected by a competent person every working day.
Positioning and installation
6
1
Every employer shall ensure that lifting equipment is positioned or installed in such a way as to reduce to as low as is reasonably practicable the risk —
a
of the lifting equipment or a load striking a person; or
b
from a load —
i
drifting;
ii
falling freely; or
iii
being released unintentionally;
and it is otherwise safe.
2
Every employer shall ensure that there are suitable devices to prevent a person from falling down a shaft or hoistway.
Marking of lifting equipment
7
Every employer shall ensure that —
a
subject to sub-paragraph (b), machinery and accessories for lifting loads are clearly marked to indicate their safe working loads;
b
where the safe working load of machinery for lifting loads depends on its configuration —
i
the machinery is clearly marked to indicate its safe working load for each configuration; or
ii
information which clearly indicates its safe working load for each configuration is kept with the machinery;
c
accessories for lifting are also marked in such a way that it is possible to identify the characteristics necessary for their safe use;
d
lifting equipment which is designed for lifting persons is appropriately and clearly marked to this effect; and
e
lifting equipment which is not designed for lifting persons but which might be so used in error is appropriately and clearly marked to the effect that it is not designed for lifting persons.
Organisation of lifting operations
8
1
Every employer shall ensure that every lifting operation involving lifting equipment is —
a
properly planned by a competent person;
b
appropriately supervised; and
c
carried out in a safe manner.
2
In this regulation “lifting operation” means an operation concerned with the lifting or lowering of a load.
Thorough examination and inspection
9
1
Every employer shall ensure that before lifting equipment is put into service for the first time by him it is thoroughly examined for any defect unless either —
a
the lifting equipment has not been used before; and
b
in the case of lifting equipment for which an EC declaration of conformity could or (in the case of a declaration under the Lifts Regulations 1997) should have been drawn up, the employer has received such declaration made not more than 12 months before the lifting equipment is put into service;
or, if obtained from the undertaking of another person, it is accompanied by physical evidence referred to in paragraph (4).
2
Every employer shall ensure that, where the safety of lifting equipment depends on the installation conditions, it is thoroughly examined —
a
after installation and before being put into service for the first time; and
b
after assembly and before being put into service at a new site or in a new location,
to ensure that it has been installed correctly and is safe to operate.
3
Subject to paragraph (6), every employer shall ensure that lifting equipment which is exposed to conditions causing deterioration which is liable to result in dangerous situations is —
a
thoroughly examined —
i
in the case of lifting equipment for lifting persons or an accessory for lifting, at least every 6 months;
ii
in the case of other lifting equipment, at least every 12 months; or
iii
in either case, in accordance with an examination scheme; and
iv
each time that exceptional circumstances which are liable to jeopardise the safety of the lifting equipment have occurred; and
b
if appropriate for the purpose, is inspected by a competent person at suitable intervals between thorough examinations,
to ensure that health and safety conditions are maintained and that any deterioration can be detected and remedied in good time.
4
Every employer shall ensure that no lifting equipment —
a
leaves his undertaking; or
b
if obtained from the undertaking of another person, is used in his undertaking, unless it is accompanied by physical evidence that the last thorough examination required to be carried out under this regulation has been carried out.
5
This regulation does not apply to winding apparatus to which the Mines (Shafts and Winding) Regulations 1993 apply.
6
Where lifting equipment was before the coming into force of these Regulations required to be thoroughly examined by a provision specified in paragraph (7), the first thorough examination under paragraph (3) shall be made before the date by which a thorough examination would have been required by that provision had it remained in force.
7
The provisions referred to in paragraph (6) are —
a
section 22(2), 25(2), 26(1)(d) and 27(2) of the Factories Act 1961 ;
b
regulations 34(2) and 37(1) of the Shipbuilding and Ship-repairing Regulations 1960 ;
c
regulations 28(3), 40 and 46(1) of the Construction (Lifting Operations) Regulations 1961 ;
d
regulations 3(1) and (2) and 6(1) of the Offices, Shops and Railway Premises (Hoists and Lifts) Regulations 1968 ;
e
regulation 6(1)(c) of and Part III of Schedule 1 to the Offshore Installations (Operational Safety, Health and Welfare) Regulations 1976 ;
f
Regulation 15 of the Docks Regulations 1988 .
Reports and defects
10
1
A person making a thorough examination for an employer under regulation 9 shall —
a
notify the employer forthwith of any defect in the lifting equipment which in his opinion is or could become a danger to persons;
b
as soon as is practicable make a report of the thorough examination in writing authenticated by him or on his behalf by signature or equally secure means and containing the information specified in Schedule 1 to —
i
the employer; and
ii
any person from whom the lifting equipment has been hired or leased;
c
where there is in his opinion a defect in the lifting equipment involving an existing or imminent risk of serious personal injury send a copy of the report as soon as is practicable to the relevant enforcing authority.
2
A person making an inspection for an employer under regulation 9 shall —
a
notify the employer forthwith of any defect in the lifting equipment which in his opinion is or could become a danger to persons;
b
as soon as is practicable make a record of the inspection in writing.
3
Every employer who has been notified under paragraph (1) shall ensure that the lifting equipment is not used —
a
before the defect is rectified; or
b
in a case to which sub-paragraph (c) of paragraph 8 of Schedule 1 applies, after a time specified under that sub-paragraph and before the defect is rectified.
4
In this regulation “relevant enforcing authority” means —
a
where the defective lifting equipment has been hired or leased by the employer, the Executive; and
b
otherwise, the enforcing authority for the premises in which the defective lifting equipment was thoroughly examined.
Keeping of information
11
1
Where, after the coming into force of these Regulations, an employer obtaining lifting equipment to which these Regulations apply receives an EC declaration of conformity relating to it, he shall keep the declaration for so long as he operates the lifting equipment.
2
The employer shall ensure that the information contained in —
a
every report made to him under regulation 10(1)(b) is kept available for inspection —
i
in the case of a thorough examination under paragraph (1) of regulation 9 of lifting equipment other than an accessory for lifting, until he ceases to use the lifting equipment;
ii
in the case of a thorough examination under paragraph (1) of regulation 9 of an accessory for lifting, for two years after the report is made;
iii
in the case of a thorough examination under paragraph (2) of regulation 9, until he ceases to use the lifting equipment at the place it was installed or assembled;
iv
in the case of a thorough examination under paragraph (3) of regulation 9, until the next report is made under that paragraph or the expiration of two years, whichever is later;
b
every record made under regulation 10(2) is kept available until the next such record is made.
Exemption for the armed forces
12
1
The Secretary of State for Defence may, in the interests of national security, by a certificate in writing exempt any of the home forces, any visiting force or any headquarters from any of the requirements of these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by the said Secretary of State by a certificate in writing at any time.
2
In this regulation —
a
“the home forces” has the same meaning as in section 12(1) of the Visiting Forces Act 1952 ;
b
“headquarters” has the same meaning as in article 3(2) of the Visiting Forces and International Headquarters (Application of Law) Order 1965 ;
c
“visiting force” has the same meaning as it does for the purposes of any provision of Part I of the Visiting Forces Act 1952.
Amendment of the Shipbuilding and Ship-repairing Regulations 1960
13
Regulation 2 (application) of the Shipbuilding and Ship-repairing Regulations 1960 is amended —
a
in paragraph (2) by substituting for the word “31” wherever occurring the word “48”; and
b
in paragraph (4) by omitting the word “32”.
Amendment of the Docks Regulations 1988
14
The Docks Regulations 1988 are amended —
a
in regulation 13(4) by substituting the words “thorough examination under regulation 9 of the Lifting Operations and Lifting Equipment Regulations 1998” for the words “test under regulation 14”;
b
by revoking regulations 14 and 15;
c
by revoking paragraphs (3), (4), (5), (7) and (8) of regulation 16; and
d
by revoking regulation 17.
Repeal of provisions of the Factories Act 1961
15
Sections 22, 23 and 25 to 27 of the Factories Act 1961 are repealed.
Repeal of section 85 of the Mines and Quarries Act 1954
16
Section 85 of the Mines and Quarries Act 1954 is repealed.
Revocation of instruments
17
The instruments specified in column 1 of Schedule 2 are hereby revoked to the extent specified in column 3 of that Schedule.
Signed by authority of the Secretary of State
Alan Meale
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
15th September 1998


text:
Citation, commencement, interpretation
1
1
These Regulations may be cited as the School Standards and Framework Act 1998 (Education Action Zones) (Modification) Regulations 1998 and shall come into force on 4th August 1998.
2
In these Regulations “ the Act ” means the School Standards and Framework Act 1998.
Modification of section 10 of the Act 2
2
Until the appointed day (as defined in section 20(7) of the Act) section 10(1) of the Act shall have effect with the modification that for “maintained schools” there shall be substituted “county, voluntary or maintained special schools or grant-maintained or grant-maintained special schools (within the meaning of the Education Act 1996 )”.
Estelle Morris
Minister of State,
Department for Education and Employment
30th July 1998


text:
1
This Order may be cited as the Basford Hall College, Nottingham (Dissolution) Order 1998 and shall come into force on 1st August 1998.
2
On 1st August 1998 the Transferor shall be dissolved and all of its property, rights and liabilities shall be transferred to the Transferee, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the Transferor immediately before 1st August 1998 as if the references in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st August 1998;
c
to the transferor were to the Transferor; and
d
to the corporation were to the Transferee.
Tessa Blackstone
Minister of State,
Department for Education and Employment
7th July 1998


text:
1
This Order may be cited as the Road Traffic (Special Parking Area) (London Borough of Redbridge) (Amendment) Order 1998 and shall come into force on 1st February 1999.
2
1
The Schedule to the Road Traffic (Special Parking Area) (London Borough of Redbridge) Order 1994 shall be amended as follows.
2
After paragraph 78 there shall be inserted–
78A
Unnamed service road (off Woodford Avenue–north east side) between its junction with (A1400) Woodford Avenue and a point adjacent to the north western wall of No. 42a Woodford Avenue.
.
Signed by authority of the Secretary of State
Glenda Jackson
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
22nd December 1998


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 6) Regulations 1998 and shall come into force on 1st November 1998.
Preliminary
2
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended as follows.
Amendment to regulation 16 (braking systems of vehicles to which regulation 15 does not apply)
3
In regulation 16, in paragraph (7), after “76/432” there shall be added “or 96/63”.
Amendment to regulation 17 (vacuum or pressure brakes warning devices)
4
In regulation 17, in paragraph (2)(b), after “76/432” there shall be inserted “or 96/63”.
Amendments to regulation 46 (seat belt anchorage points)
5
In regulation 46, in paragraphs (4)(b) and (4B)(a), after “90/629” there shall be inserted “or 96/38”.
Amendments to regulation 47 (seat belts)
6
1
Regulation 47 shall be amended as follows.
2
In paragraph (3), after “90/628” there shall be inserted “or 96/36”.
3
In paragraph (8)–
a
in sub-paragraph (i)(b) of the definition of “British Standard mark” for “or BS AU 202a” there shall be substituted “, BS AU 202a or BS AU 202b”; and
b
in sub-paragraph (b) of the definition of “designated approval mark” for “and 44B” there shall be substituted “, 44B and 44C”.
Revocation of regulation 88 (use of bridging plates between motor vehicle and trailer)
7
Regulation 88 is hereby revoked.
Amendments to Schedule 2
8
1
Table I of Schedule 2 shall be amended as follows.
2
After item 73 there shall be inserted the following items–
73A 96/36 17.6.96 L178, 17.7.96, p.15 Safety belts and restraint systems of motor vehicles 77/541 as amended by 81/576, 82/319 and 90/628 73B 96/38 17.6.96 L187, 26.7.96, p.95 Anchorages for motor vehicle safety belts 76/115 as amended by 81/575, 82/318 and 90/629
3
After item 74 there shall be inserted the following item–
74A 96/63 30.9.96 L253, 5.10.96, p.13 Braking devices of wheeled agricultural or forestry tractors 76/432
Signed by authority of the Secretary of State
Larry Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
29th September 1998


text:
1
This Order may be cited as the European Parliamentary Elections (Day of By-election) (Yorkshire South Constituency) Order 1998 and shall come into force on 23rd March 1998.
2
The by-election to fill the vacancy in the European Parliamentary constituency of Yorkshire South shall be held on 7th May 1998.
George Howarth
Parliamentary Under-Secretary of State
Home Office
16th March 1998


text:
Citation and commencement
1
These Regulations may be cited as the Revenue Support Grant (Specified Bodies) (Amendment) Regulations 1998 and shall come into force on 1st January 1999.
Amendment of Regulations
2
In relation to any financial year beginning on or after 1st April 1999, regulation 3 (specified bodies) of the Revenue Support Grant (Specified Bodies) Regulations 1992 is amended–
a
by the omission of paragraph (a); and
b
by the addition, at the end, of–
k
Improvement and Development Agency for Local Government
l
Employers' Organisation for Local Government
.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
3rd December 1998
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under-Secretary of State, Welsh Office
2nd December 1998