text:
Commencement and citation
1
This Order may be cited as The A205 Trunk Road (Lewisham) Red Route (Prescribed Route) Experimental Traffic Order 1998, and shall come into force on 24th July 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
cause includes permit;
c
“Stanstead Road (south arm)” means that length of the A205 Trunk Road between Catford Hill and Stanstead Road (north arm) in the London Borough of Lewisham known as Stanstead Road;
d
“Stanstead Road (north arm)” means that length of the A205 Trunk Road fronting St. Dunstan’s College in the London borough of Lewisham known as Stanstead Road;
e
“Glenwood Road” means that road so named in the London Borough of Lewisham.
Prescribed Routes
3
Subject to the provisions of article 4, no person shall cause any vehicle to travel in Stanstead Road (south arm) from its junction with Glenwood Road to its junction with Stanstead Road (north arm) in any direction except north-westwards.
Exemptions
4
The controls specified in article 3 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
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 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.
Revocation of existing Orders
6
The London Traffic (Prescribed Routes) (Lewisham) Regulations 1962 is hereby revoked.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
10th July 1998


type: legislation

jurisdiction: UK

text:
Title, commencement and interpretation
1
1
This Order may be cited as the Sussex Sea Fisheries District (Constitution of Committee and Expenses) (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 15 February 1893 (which created the Sussex 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
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:
Citation and commencement
1
This Order may be cited as the Aberdeen City (Electoral Arrangements) Order 1998 and shall come into force on 1st January 1999.
Interpretation
2
In the Schedule to this Order–
a
a reference to–
i
an electoral ward is a reference to that electoral ward as constituted in this Order; and
ii
a road, footpath, railway line, river, burn or canal shall, where the context so admits, be construed as a reference to the centre line of the feature concerned; and
b
the following abbreviations are used:–
“EW” for electoral ward;
“NG Ref” for National Grid Reference as published on Ordnance Survey Maps.
Electoral arrangements
3
The area of Aberdeen City Council shall be divided into 43 wards, having the names, contents and boundaries set forth in the Schedule to this Order.
Henry B McLeish
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
4th December 1998


text:
PART I
INTRODUCTORY
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (General Medical Services) Amendment Regulations 1998 and shall come into force on 1st April 1998.
2
In these Regulations, “the 1992 Regulations ” means the National Health Service (General Medical Services) Regulations 1992 .
PART II
AMENDMENTS CONSEQUENTIAL UPON THE NATIONAL HEALTH SERVICE (PRIMARY CARE) ACT 1997
Reason for amendments
2
The amendments in this Part are made because of the coming into force on 1st April 1998 of certain provisions of the National Health Service (Primary Care) Act 1997 and of certain Regulations made under those provisions.
Amendments connected with the National Health Service (Choice of Medical Practitioner) Regulations 1998
Amendments of Parts I, IV and V of the 1992 Regulations
3
1
The 1992 Regulations are amended in accordance with the following provisions of this regulation.
2
In regulation 2 (interpretation) —
a
in the appropriate alphabetical positions, insert —
“the 1997 Act ” means the National Health Service (Primary Care) Act 1997 ;
“the Choice of Medical Practitioner Regulations ” means the National Health Service (Choice of Medical Practitioner) Regulations 1998 ;
“personal medical services” has the meaning assigned to it in section 1(8) of the 1997 Act;
“pilot doctor” means a doctor who performs personal medical services in connection with a pilot scheme;
“pilot scheme” has the meaning assigned to it in section 1(1) of the 1997 Act;
“pilot scheme agreement” means an agreement which constitutes, or is one of the agreements which together constitute, a pilot scheme;
“pilot scheme provider” means a person who provides personal medical services in connection with a pilot scheme;
“pooled list” means a single list of the patients of two or more pilot doctors which is held in connection with a pilot scheme;
;
b
in the definition of “doctor”, at the end, insert “and when section 35 of the 1997 Act comes into force, includes a person engaged in employment under section 10 of the Medical Act 1983 in an approved medical practice ;”
c
for the definition of “medical card”, substitute —
“medical card” means a card issued by a Health Authority to a person for the purpose of enabling him to obtain, or establishing his title to receive, primary medical services , other than contraceptive services, maternity medical services, child health surveillance services and minor surgery services;
; and
d
in the definition of “temporary resident”, for “regulation 26” substitute “regulation 7 of the Choice of Medical Practitioner Regulations”.
3
In regulation 19 (doctors' lists) —
a
in paragraph (1)(a), for “this Part” substitute “the Choice of Medical Practitioner Regulations”;
b
in paragraph (3), for “regulation 22(7)” substitute “regulation 3(3) of the Choice of Medical Practitioner Regulations”;
c
for paragraph (6), substitute —
6
Any removal of a person from a doctor’s list caused by the transfer of a person to the list of another doctor or to a pooled list, other than a transfer under regulation 3(3) of the Choice of Medical Practitioner Regulations, or a transfer in pursuance of a notice under regulation 22(10), shall take effect —
a
from the date on which the Health Authority receives notification of the acceptance of the person by the last-named doctor or, in the case of a transfer to a pooled list, the pilot scheme provider; or
b
subject to the consent of the Health Authority, from such date, being not earlier than the date of that consent, as may be agreed between the doctors or, as the case may be, between the doctor and the pilot scheme provider.
; and
d
in paragraph (6B) , for sub-paragraph (b) substitute —
b
on receipt of the notification mentioned in sub-paragraph (1) of that paragraph, the Health Authority shall acknowledge it in writing and give written notice of the removal to the person concerned.
.
4
Regulations 20 (application for services) and 21 (assignment of persons to doctors) are omitted.
5
In regulation 22 (change of doctor) —
a
paragraphs (1) to (3) and (5) to (8) are omitted; and
b
in paragraph (4), at the end, insert “, or to a pooled list”.
6
In regulation 25 (temporary provision of services), in paragraph (2), after “ceases to be included in the medical list”, insert “(otherwise than in accordance with section 12(2) of the 1997 Act, to enable him to perform personal medical services in connection with a pilot scheme to which the Health Authority in whose list he was included is a party)”.
7
For regulation 26 (temporary residents), substitute —
Temporary residents
26
1
A person who is accepted as a temporary resident by a doctor under regulation 7 of the Choice of Medical Practitioner Regulations or by a pilot scheme provider under a pilot scheme agreement shall not be removed from the list of any doctor providing general medical services in which his name is included, unless the Health Authority for the area in which that doctor practises is satisfied, after due enquiry —
a
that the person’s stay in the place of temporary residence has exceeded three months; and
b
that he has not returned to his normal place of residence, or any other place within the practice area of the doctor in whose list his name is included.
2
If a Health Authority is satisfied as mentioned in paragraph (1), it shall remove the name of the person from the list of the doctor in which it is included and, if practicable, inform the person of that fact and of his entitlement to seek acceptance by any doctor, including the doctor by whom he has been treated as a temporary resident, in the area in which he is living, and of the name and address of the Health Authority for that area.
.
8
In regulation 31 (obtaining maternity medical services), in paragraph (4), for “regulation 20” substitute “regulation 2 of the Choice of Medical Practitioner Regulations”.
9
In regulation 33 (obtaining minor surgery services), in paragraph (1), for “regulation 20(2)”, in both places, substitute “regulation 2(3) of the Choice of Medical Practitioner Regulations”.
Amendments of Schedule 2 to the 1992 Regulations
4
1
Schedule 2 to the 1992 Regulations (terms of service for doctors) is amended in accordance with the following provisions of this regulation.
2
In paragraph 4 (a doctor’s patients) —
a
in sub-paragraph (1) —
i
in paragraph (d), for “regulation 21”, substitute “regulation 4 of the Choice of Medical Practitioner Regulations”, and
ii
in paragraph (e), for “regulation 21(3)(b)”, substitute “regulation 4(4) of the Choice of Medical Practitioner Regulations”.
b
in paragraph (b) of sub-paragraph (4) , for “regulation 26”, substitute “regulation 7 of the Choice of Medical Practitioner Regulations (temporary residents)”; and
c
in sub-paragraph (5), for “regulation 21(3)(b)”, in both places, substitute “regulation 4(4) of the Choice of Medical Practitioner Regulations”.
3
In paragraph 5 (relief from liability to give emergency treatment), for “regulation 21(11)”, substitute “regulation 4(8) of the Choice of Medical Practitioner Regulations”.
4
In paragraph 6 (acceptance of patients), in sub-paragraph (2) —
a
after “medical list”, insert “(otherwise than in accordance with section 12(2) of the 1997 Act, to enable him to perform personal medical services in connection with a pilot scheme to which the Health Authority in whose list he was included is a party)”; and
b
for “regulation 22”, substitute “regulation 3 of the Choice of Medical Practitioner Regulations”.
5
In paragraph 7 (acceptance of patients), for “regulation 26(1)”, substitute “regulation 7(1) of the Choice of Medical Practitioner Regulations”.
6
In paragraph 9 (termination of responsibility for patients), in each of paragraphs (1)(a) and (2)(b), after “another doctor”, insert “, or is accepted for inclusion in a pooled list”.
7
In each of —
a
paragraph 13(5)(a) (provision of services to patients);
b
paragraph 14(1) (newly registered patients); and
c
paragraph 16(4) (patients aged 75 years and over),
for “regulation 21”, substitute “regulation 4 of the Choice of Medical Practitioner Regulations”.
Amendment of Schedule 5 to the 1992 Regulations
5
In Schedule 5 to the 1992 Regulations, in Part II (maternity medical services), in paragraph 3(b), for “regulation 20(1)”, substitute “regulation 3 of the Choice of Medical Practitioner Regulations”.
Amendments connected with the National Health Service (Pilot Schemes: Part II Practitioners) Regulations 1998
Further amendments of Schedule 2 to the 1992 Regulations
6
1
Schedule 2 to the 1992 Regulations is amended in accordance with the following provisions of this regulation.
2
In paragraph 19 (obligation to give treatment personally) —
a
in sub-paragraph (3), after “on the obstetric list” in the second place where those words appear, insert “or is a pilot doctor who is named in a pilot scheme agreement as responsible for the performance of maternity medical services under the pilot scheme”;
b
in sub-paragraph (5), after “child health surveillance list”, insert “or is a pilot doctor who is named in a pilot scheme agreement as responsible for the performance of child health surveillance services under the pilot scheme”; and
c
in sub-paragraph (6), after “minor surgery list”, insert “or is a pilot doctor who is named in a pilot scheme agreement as responsible for the performance of minor surgery services under the pilot scheme”.
3
In paragraph 20 (responsibility for acts and omissions of deputies) —
a
in sub-paragraph (1), after “sub-paragraph (2)” insert “or for which the doctor is not responsible, under sub-paragraph (3)”; and
b
after sub-paragraph (2), insert —
3
Where, in connection with arrangements under a pilot scheme whereby, outside normal hours, pilot doctors and doctors providing general medical services co-operate in such a way that one doctor will cover for another to secure the performance of personal medical services or, as the case may be, the provision of general medical services for their patients, a pilot doctor acts as a deputy to a doctor whose name is included in the medical list, that doctor is not responsible for the acts or omissions of the pilot doctor .
.
4
In paragraph 22 (organisations providing deputy doctors), for paragraph (a) of sub-paragraph (1), substitute —
a
consists only of —
i
doctors whose names are included in the list of a Health Authority and who arrange to act as deputies to each other, or
ii
pilot doctors and doctors whose names are included in the list of a Health Authority who co-operate in such a way that one doctor will cover for another to secure the performance of personal medical services or, as the case may be, the provision of general medical services for their patients; and.
5
In paragraph 26 (issue of documents), after “the medical list”, insert “, or a pilot doctor acting as a deputy to a doctor whose name is included in the medical list in connection with arrangements under a pilot scheme whereby, outside normal hours, pilot doctors and doctors providing general medical services co-operate in such a way that one doctor will cover for another to secure the performance of personal medical services or, as the case may be, the provision of general medical services for their patients”.
Other amendments
Practice vacancies where patients are subject to pilot scheme proposals
7
1
In regulation 12 (advertisement of vacancies), in paragraph (1), at the beginning insert “Subject to regulation 14A,”.
2
In regulation 12A (re-advertisement of vacancies) , in paragraph (1), after “may” insert “(subject to regulation 14A)”.
3
In regulation 13 (selection of applicants), in paragraph (1), after “and shall” insert “(subject to regulation 14A)”.
4
In regulation 14 (determination of applications by Medical Practices Committee), in paragraph (1), after “shall” insert “(subject to regulation 14A)”.
5
After regulation 14 of the 1992 Regulations, insert the following new regulation —
Practice vacancies where patients are subject to pilot scheme proposals
14A
1
Paragraph (2) applies where —
a
a practice has been declared vacant, or a vacancy has arisen, as mentioned in regulation 5(2);
b
the Health Authority receives or has received a request under section 4 of the 1997 Act to prepare proposals for a pilot scheme and is under a duty to comply with that request or has done so;
c
in the Health Authority’s opinion those proposals relate, or would relate, to more than half of the patients whom it expects to be on the list of any doctor who would fill the vacancy or succeed to the practice; and
d
either —
i
in a case to which regulation 13(2) applies, the Health Authority has not yet selected the applicant whose application it wishes to be considered by the Medical Practices Committee, or has not yet sent the application of the selected applicant to that Committee,
ii
in a case to which regulation 13(6) applies, the Health Authority has not yet sent the application to the Medical Practices Committee, or
iii
where (in either case) an application has been sent to the Medical Practices Committee, that Committee has not yet determined it pursuant to regulation 14.
2
In a case referred to in paragraph (1), without prejudice to any steps that may already have been taken —
a
a Health Authority shall not —
i
give notice or further notice of the vacancy pursuant to regulation 12 or 12A, or
ii
select any applicant pursuant to regulation 13(2), or
iii
send an application to the Medical Practices Committee pursuant to regulation 13(4)(c) or (6); and
b
the Medical Practices Committee shall not begin to consider, or shall not further consider, pursuant to regulation 14 any application received by them which they have not already determined,
until such time as one of the events set out in paragraph (3) has occurred.
3
The events referred to in paragraph (2) are that —
a
the proposals referred to in paragraph (1)(b) are rejected by the Secretary of State pursuant to section 5(1)(c) of the 1997 Act; or
b
the proposals are withdrawn before the Secretary of State has made his decision under section 5 of the 1997 Act; or
c
a pilot scheme implemented as a result of the proposals comes to an end, whether pursuant to a direction of the Secretary of State given under section 8(4) of the 1997 Act, or otherwise.
4
The Health Authority shall forthwith inform the Medical Practices Committee —
a
if paragraph (1)(a) to (c) apply, and if so whether paragraph (i) or (ii) of paragraph (1)(d) applies;
b
if the Secretary of State approves the proposals in question (whether with or without modification); and
c
where one of the events referred to in paragraph (3) occurs, of that fact.
.
Preferential right to be included in medical list
8
1
In regulation 4 of the 1992 Regulations (medical list), in paragraph (1)(a), after “Act” insert “or Schedule 1 of the 1997 Act”.
2
In regulation 5 of the 1992 Regulations (application for inclusion in the medical list or to succeed to a vacancy), in paragraph (1), after “paragraph (2)” insert “or regulation 5A”.
3
After regulation 5, insert the following regulation —
Preferential right to be included in medical list
5A
1
An application by a doctor (“the applicant”) for inclusion of his name in a medical list by virtue of Schedule 1 to the 1997 Act shall be made by sending to the Health Authority an application in writing, which —
a
shall make clear that the application is made by virtue of that Schedule; and
b
shall include the information and undertakings specified in paragraphs 1 to 10 and 17 to 20 of Part I of Schedule 3, and in such other paragraphs of that Part of that Schedule as are relevant in the applicant’s case.
2
Upon granting such an application, the Health Authority —
a
must (subject to paragraph (3)) specify that the applicant’s entry in the medical list is subject to one of the conditions which could have been specified by the Medical Practices Committee under regulation 15(1) if the application had been one to which that provision relates; and
b
may also specify any condition which could have been specified under section 33(4)(b) of the Act if the application had been one to which that provision relates.
3
Where the applicant was subject to one of the conditions set out in sub-paragraphs (a) to (c) of regulation 15(1) when his name was last included in a medical list (or, where the applicant’s name was included in the corresponding list kept by a Health Board in Scotland, he was subject to one of the corresponding conditions set out in regulations prepared in accordance with section 19(2)(a) of the National Health Service (Scotland) Act 1978 , the Health Authority may not under paragraph (2) specify (among those three conditions) —
a
one which is more restrictive than the one which applied to him when his name was last so included; or
b
one which is less restrictive, unless in the Health Authority’s opinion there are exceptional reasons for doing so, and the Health Authority has consulted the Local Medical Committee.
4
The Health Authority shall notify the Medical Practices Committee of any successful application under paragraph (1) and of any conditions imposed under paragraph (2).
.
Other amendments of the 1992 Regulations
9
1
The 1992 Regulations are amended in accordance with the following provisions of this regulation.
2
In each of —
a
regulation 27(12)(a) (child health surveillance list); and
b
regulation 32(12)(a) (minor surgery list),
for “regulation 6(3) or regulation 7”, substitute, in each case, “regulation 6(3), regulation 7, or section 12(2) of the 1997 Act”.
3
In regulation 29 (obtaining contraceptive services), in paragraph (5), for the words from “paragraph 4 of regulation 26” to the end, substitute “regulation 26 shall apply to terminate the provision of contraceptive services by any other doctor under paragraph (1), as if those services were general medical services provided to a person included in the list of that other doctor”.
4
In regulation 30(13)(a) (obstetric list), for “regulation 6(3) or 7” substitute “regulation 6(3), regulation 7, or section 12(2) of the 1997 Act”.
5
In Schedule 2 —
a
in paragraph 4 (a doctor’s patients), in sub-paragraph (1)(h), at the end add “(or if, in the case of a pilot doctor, more than one such doctor is under an obligation to give treatment, no such doctor practising from the premises to which the request was made is able to attend and give treatment)”;
b
in paragraph 18A (out of hours arrangements), at the end of sub-paragraph (2), insert “, but that arrangement shall terminate if the doctor with whom it is made ceases to be included in a medical list in accordance with section 12(2) of the 1997 Act to enable him to perform personal medical services under a pilot scheme”;
c
in paragraph 22 (organisations providing deputy doctors), in sub-paragraph (2)(a), after paragraph (iii), insert —
iv
will not be subject to a declaration under paragraph 4(3) of Schedule 1 to the 1997 Act that he is not fit to be engaged in any capacity in the provision of general medical services; and
;
d
in paragraph 23 (employment of assistants and deputies), at the end of sub-paragraph (b), insert —
; or
c
who is subject to a declaration under paragraph 4(3) of Schedule 1 to the 1997 Act that he is not fit to be engaged in any capacity in the provision of general medical services;
e
in paragraph 32 (use of practice premises after declaration of vacancy), in sub-paragraph (1), after “whose practice has been declared vacant”, insert “(including premises occupied or used by a pilot doctor where the declaration of a vacancy arises from the termination of the pilot scheme in question)”; and
f
in paragraph 33 (use of former practice premises) —
i
in sub-paragraph (1), after “made available by the Secretary of State” insert “(or, in the case of a pilot doctor, at premises used for the purposes of the pilot scheme in question)”, and
ii
in paragraph (b) of sub-paragraph (2), after “the Secretary of State”, insert “or at premises used for the purposes of the pilot scheme in question”.
5
In Part I of Schedule 5 (criteria to be considered before inclusion in an obstetric list) —
a
in paragraph 3(a), at the end, insert “or performed maternity medical services in connection with a pilot scheme”; and
b
in paragraph 5, at the end, insert “, or performing maternity medical services in connection with a pilot scheme”.
PART III
OTHER AMENDMENTS
Further amendment of regulation 2 of the 1992 Regulations
10
In regulation 2 of the 1992 Regulations (interpretation), in paragraph (1), for the definition of “medical officer” substitute —
“medical officer” means a doctor who is —
employed or engaged by the Department of Social Security; or
provided by an organisation in pursuance of a contract entered into with the Secretary of State for Social Security.
.
Further amendment of regulation 29 of the 1992 Regulations
11
In regulation 29 of the 1992 Regulations (obtaining contraceptive services), in paragraph (2), for “paragraph (2)”, substitute “paragraph (1)”.
Further amendment of Schedule 2 to the 1992 Regulations
12
In Schedule 2 to the 1992 Regulations (terms of service for doctors) —
a
in paragraph 11 (which concerns the termination of an arrangement for maternity medical services), in sub-paragraphs (1) and (3), for “regulation 31(1)(a)” substitute “regulation 31(1)”;
b
in paragraph 22 (organisations providing deputy doctors), in sub-paragraph (7), for “in response to a request for evidence” substitute “as a result of evidence provided”; and
c
for paragraph 48 (reports to medical officers) substitute —
Reports to medical officer etc.
48
1
A doctor shall, if he is satisfied that the patient consents —
a
supply in writing to a medical officer within such reasonable period as that officer, or an officer of the Department of Social Security on his behalf and at his direction, may specify, such clinical information as the medical officer considers relevant about a patient to whom the doctor under these terms of service has issued or has refused to issue a medical certificate; and
b
answer any inquiries by a medical officer, or by an officer of the Department of Soical Security on his behalf and at his direction, about a prescription form or medical certificate issued by the doctor under these terms of service, or about any statement which the doctor has made in a report under these terms of service.
2
For the purpose of satisfying himself that the patient has consented as required by sub-paragraph (1), the doctor may (unless he has reason to believe the patient does not consent) rely on an assurance in writing from the medical officer, or any officer of the Department of Social Security, that he holds the patient’s written consent.
.
Amendment of Schedule 12 to the 1992 Regulations
13
In Schedule 12 to the 1992 Regulations (information to be included in practice leaflets), the paragraph 9A inserted after paragraph 9 by regulation 6 of the National Health Service (General Medical Services) Amendment Regulations 1996 is renumbered paragraph 9B .
Amendment of Schedule 13 to the 1992 Regulations
14
In Schedule 13 to the 1992 Regulations (information to be provided in annual reports), the paragraph 4 inserted at the end by regulation 7 of the National Health Service (General Medical Services) Amendment Regulations 1996 is renumbered paragraph 5 .
Frank Dobson
One of Her Majesty’s Principal Secretaries of State (Department of Health)
11th March 1998


text:
Citation, Commencement and Interpretation
1
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programmes of Study in Art) (England) Order 1998 and shall come into force on 1st September 1998.
2
In this Order–
“The Document” means the Document published by Her Majesty’s Stationery Office in January 1995 entitled “Art in the National Curriculum (England)” .
3
This Order applies only to pupils at maintained schools and grant-maintained schools (other than schools established in a hospital) in England.
Revocation
2
The Education (National Curriculum) (Attainment Targets and Programmes of Study in Art) (England) Order 1995 is hereby revoked.
Specification of attainment targets and programmes of study
3
It is hereby directed that the provisions relating to attainment targets and programmes of study set out in the Documents shall have effect in relation to schools in England for the purpose of specifying attainment targets and programmes of study in relation to history subject to the amendments set out in the Schedule.
4
The examples printed in italics in the Document (which serve to illustrate the programmes of study described therein) do not form part of the provision made by this Order.


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Blyth Valley (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 borough” means the borough of Blyth Valley;
“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 Borough of Blyth Valley (Electoral Changes) Order 1998”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of Blyth Valley
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty wards which shall bear the names set out in column (1) of the Schedule and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (2) of that Schedule.
3
The wards shall comprise the areas designated on the map by reference to the name of the ward and demarcated by red lines.
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.
Revocation
3
The Borough of Blyth Valley (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 and commencement
1
These Regulations may be cited as the Retirement Benefits Schemes (Restriction on Discretion to Approve) (Small Self-administered Schemes) (Amendment) Regulations 1998 and shall come into force on 7th April 1998.
2
In these Regulations “the principal Regulations ” means the Retirement Benefits Schemes (Restriction on Discretion to Approve) (Small Self-administered Schemes) Regulations 1991 and “regulation” means a regulation of the principal Regulations.
Amendments to the principal Regulations
3
In regulation 2(1) —
a
the definition of “administrator” shall be omitted;
b
for the definition of “small self-administered scheme” there shall be substituted —
“small self-administered scheme” means a retirement benefits scheme where —
some or all of the income and other assets are invested otherwise than in insurance policies;
a scheme member is connected with —
another scheme member, or
a trustee of the scheme, or
a person who is an employer in relation to the scheme; and
there are fewer than 12 scheme members;
.
4
In regulation 4(1) for sub-paragraph (c) there shall be substituted —
c
the amount found by the formula —
( A - B ) × 45 100
where —
A is the market value of the assets of the scheme at that time, other than assets franking any pension in payment under the rules of the scheme where the purchase of an annuity has been deferred (including any pension that would be payable to a widow or widower of a member of the scheme following the member’s death in a case where the rules of the scheme limit such pension to the person to whom the member was married at retirement), and
B is the aggregate of any sums borrowed to purchase those assets, and any other liabilities incurred by the trustees which are outstanding at that time, other than liabilities to pay benefits under the scheme.
5
In regulation 4(2) for sub-paragraph (a) and the word “and” immediately following it there shall be substituted —
a
the amount found —
i
where the scheme has been established for three years or more at the time of any borrowing, by dividing the amount of the contributions paid by employers in the period of three years which ended at the end of the previous accounting period of the scheme by three, or
ii
where the scheme has been established for less than three years at the time of any borrowing, by dividing the amount of the contributions paid by employers in the period since the scheme was established ending at the time of that borrowing by the number of years falling within that period (a part of a year being counted as one year), and.
6
In regulation 5(1)(c)(ii) there shall be added at the end the words “in respect of shares of the class held”.
7
After regulation 5(3) there shall be added —
4
For the purposes of paragraph (1), trustees shall not be regarded as indirectly holding as an investment residential property other than that specified in paragraph (2) where —
a
they hold as an investment subject to the trusts of the scheme a right which confers entitlement to receive payment of any rentcharge, ground annual, feu duty or other annual payment reserved in respect of, or charged on or issuing out of, that property, and
b
the property is not occupied by a scheme member or a person connected with him.
8
In regulation 7 for paragraphs (2) and (3) there shall be substituted —
2
The figure specified in this paragraph is the amount found by the formula–
( C - D ) × 25 100
where —
C is the market value at the time in question of the assets of the scheme which are derived from contributions made by an employer and by employees since the scheme was established, other than assets franking any pension in payment under the rules of the scheme where the purchase of an annuity has been deferred (including any pension that would be payable to a widow or widower of a member of the scheme following the member’s death in a case where the rules of the scheme limit such pension to the person to whom the member was married at retirement), and
D is the aggregate of any sums borrowed to purchase those assets, and any other liabilities incurred by the trustees which are outstanding at that time, other than liabilities to pay benefits under the scheme.
3
The figure specified in this paragraph is the amount found by the formula —
( E - F ) × 50 100
where —
E is the market value at the time in question of all the assets of the scheme, other than assets franking any pension in payment under the rules of the scheme where the purchase of an annuity has been deferred (including any pension that would be payable to a widow or widower of a member of the scheme following the member’s death in a case where the rules of the scheme limit such pension to the person to whom the member was married at retirement), and
F is the aggregate of any sums borrowed to purchase those assets, and any other liabilities incurred by the trustees which are outstanding at that time, other than liabilities to pay benefits under the scheme.
9
For regulation 9 there shall be substituted —
Provisions as to pensioneer trustees
9
1
The description of provision specified in this regulation is a provision to the effect that —
a
one of the trustees of the scheme shall be a pensioneer trustee,
b
the appointment of that trustee as a pensioneer trustee, and his obligation and entitlement to act as such, shall be incapable of termination at any time except —
i
by the death of the trustee,
ii
by an order of the court,
iii
by withdrawal by the Board of their approval of the trustee to act as a pensioneer trustee, or
iv
in the circumstances specified in paragraph (2), and
c
where termination occurs by virtue of any of the events specified in paragraph (1)(b)(i) to (iii) or in the circumstances specified in paragraph (2)(b), the appointment of a successor to the former pensioneer trustee of the scheme is made no more than 30 days after the termination.
2
The circumstances specified in this paragraph are where —
a
another trustee is appointed to act as pensioneer trustee in place of the trustee, and the appointment of the other trustee takes effect at the same time as the termination;
b
the trustee has committed a fraudulent breach of trust in relation to the scheme and that is the reason for the termination.
10
Regulation 10 (provisions as to furnishing of information and documents) is hereby revoked.
S. C. T. Matheson
C. W. Corlett
Two of the Commissioners of Inland Revenue
17th March 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Ayrshire and Arran Primary Care National Health Service Trust (Establishment) Order 1998 and shall come into force on 2nd November 1998.
2
In this Order, unless the context otherwise requires–
“ the Act ” means the National Health Service (Scotland) Act 1978;
“establishment date” means 2nd November 1998;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 7A to the Act;
“the trust” means Ayrshire and Arran Primary Care National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called Ayrshire and Arran Primary Care National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 12A(1)(b) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more Health Boards) shall be to provide and manage hospital accommodation and facilities at Ailsa Hospital, Ayr, and at establishments associated with that hospital, and also including the management of any teaching and research facilities associated with those establishments and the support services related thereto.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1999.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions–
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment;
c
of doing such other things as are reasonably necessary for the said purposes.
Assistance by Health Board before operational date
7
1
The Ayrshire and Arran 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 Ayrshire and Arran 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
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemptions) (Dacorum, Hertsmere and Luton Borough Councils) Order 1998 and shall come into force on 29th July 1998.
Exemptions of sports and leisure facilities management
2
1
The management of sports and leisure facilities by the council of the borough of Dacorum shall not be treated as a defined activity so long as it is carried out during the period beginning with 1st December 1998 and ending on 30th September 1999, in the Berkhamsted Sports Centre, Lagley Meadows, Douglas Gardens, Berkhamsted.
2
The management of sports and leisure facilities by the council of the borough of Hertsmere shall not be treated as a defined activity so long as it is carried out during the period beginning with 1st January 2000 and ending on 31st December 2001, in the following premises in the borough:
The Furzefield Centre, Mutton Lane, Potters Bar
The Hartspring Centre, Park Avenue, Bushey
The Hertsmere Centre Pool, Elstree Way, Borehamwood.
Exemption of schools and welfare catering by Luton Borough Council
3
The provision of catering for the purposes of schools and welfare by the council of the borough of Luton shall not be treated as a defined activity so long as it is carried out in their area during the period beginning with 1st September 1998 and ending on 31st March 2002.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
30th June 1998


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Exmoor) 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 (Exmoor) Designation (Amendment) Order 1993 , as amended at the date that this Order comes into force.
Amendment of the principal Order
3
The principal Order shall be amended in accordance with the following provisions of this Order.
4
In article 2(1) of the principal Order, the provisions immediately following the words “In this Order — ” to the end of article 2(1), in so far as they were made under section 18 of the Agriculture Act 1986, shall be deleted and the following definitions shall be inserted at their appropriate alphabetical place:
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3;
“capital activity” means an activity specified in Schedule 1;
“conservation plan” means a plan incorporated into an agreement for the carrying out of one or more capital activities within a specified period;
“cultivated land” means land which is regularly ploughed or otherwise cultivated or that is regularly treated with fertilisers;
“enclosed unimproved permanent grassland” means enclosed permanent grassland which has not undergone regular land cultivation,or which has not been regularly treated with fertilisers, lime, slag or pesticides;
“farmer” means a person who has an interest in agricultural land in the area designated by article 3, and who has also entered into an agreement with the Minister;
“heather moorland or coastal heath” means moorland or coastal heath comprised in a grazing unit where the area of heather is greater than 10 hectares or represents more than 25 per cent of the area of the unit;
“improved permanent grassland” means permanent grassland that is regularly treated with fertilisers used for pasture or for the production of hay or silage;
“low input permanent grassland” means grassland used for pasture or hay or silage production, which receives little or no fertiliser and which has the potential to develop a diverse botanical interest;
“management activity” means an activity specified in Schedule 2;
“meadowland” means grassland primarily used for the production of hay or silage;
“moorland” means land covered by semi-natural upland vegetation which is generally unenclosed except along ownership boundaries;
“permanent grassland” means grassland which has not been ploughed or reseeded for at least ten years;
“public access route” means a strip of land which is the subject of an agreement and on which access is given to the public;
“relevant date” means 22nd June 1998; and
“woodland” means land used for woodland where that use is ancillary to the farming of land for other agricultural purposes.
.
5
For article 4 of the principal Order and the heading thereto there shall be substituted the following article and heading —
Matters in respect of which payments may be made
4
A payment to be made by the Minister under an agreement may be made in respect of —
a
a capital activity; or
b
a management activity which —
i
in the case of a payment to be made under an agreement entered into before the relevant date, is specified in Part I or Part II of Schedule 2; and
ii
in the case of a payment to be made under an agreement entered into on or after the relevant date, is specified in Part I of Schedule 2.
6
For article 5 of the principal Order and the heading thereto there shall be substituted the following article and heading —
Rates of payment
5
1
Payments to be made by the Minister under an agreement shall not exceed —
a
in the case of a management activity, the rate specified in respect of that activity in column 2 of Schedule 2; and
b
in the case of one or more capital activities included in a conservation plan, £100,000 in aggregate.
2
Any works which form part of an activity which constitutes both a management activity and a capital activity may by virtue of an agreement be eligible for payment either as part of a management activity or as part of a capital activity, but the agreement together with any conservation plan incorporated in it shall not provide for payment to be made on both such bases in respect of the same works.
.
7
For Schedule 1 to the principal Order there shall be substituted the Schedule set out in Schedule 1 to this Order.
8
For Schedule 2 to the principal Order there shall be substituted the Schedule set out in Schedule 2 to this Order.
9
The following provisions of the principal Order shall be deleted —
a
articles 4A and 6; and
b
Schedules 1A, 4 and 5.
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 Income Tax (Employments) (Amendment) Regulations 1998 and shall come into force on 28th October 1998.
Interpretation
2
In these Regulations “the principal Regulations ” means the Income Tax (Employments) Regulations 1993 and “regulation” means a regulation of the principal Regulations.
Amendments to the principal Regulations
3
1
Regulation 2 shall be amended as follows.
2
After paragraph (3) there shall be added the following paragraphs–
4
References (however expressed) in these Regulations to a code authorisation or other particulars being transmitted electronically by one person (“the transmitter”) to another person (“the recipient”) are references to any procedure whereby the particulars in question are transmitted by electronic means from the transmitter’s computer system to the recipient’s computer system and accepted by the recipient’s computer system.
5
A document certified by an inspector or other officer of the Board to be a printed out version of any particulars transmitted electronically under these Regulations on any occasion shall be conclusive evidence, unless the contrary is proved, that those particulars–
a
were transmitted electronically on that occasion, and
b
constitute the entirety of what was transmitted on that occasion.
6
Any document purporting to be a certificate in accordance with paragraph (5) shall be deemed to be such a certificate unless the contrary is proved.
4
1
Regulation 6 shall be amended as follows.
2
After paragraph (3) there shall be added the following paragraph–
4
A code authorisation is issued and received for the purposes of these Regulations if either–
a
it is contained in a document that is sent to the employer by the inspector, or
b
it is transmitted to the employer electronically by the inspector.
5
1
Regulation 23 shall be amended as follows.
2
In paragraph (1) for the words from “forthwith” to the end there shall be substituted the words
forthwith–
prepare a statement on the form provided containing the particulars specified in paragraph (2) (“the statement”), and
either–
send the statement to the inspector, or
arrange for the particulars contained in the statement to be transmitted electronically to the inspector.
3
In paragraphs (3) and (4) for the word “certificate”, wherever occurring, there shall be substituted the word “statement”.
6
1
Regulation 24 shall be amended as follows.
2
In paragraph (1) for the word “certificate” there shall be substituted the word “statement”.
7
1
Regulation 25 shall be amended as follows.
2
For the word “certificate”, wherever occurring, there shall be substituted the word “statement”.
3
In paragraph (2) for sub-paragraph (b) there shall be substituted the following sub-paragraph–
b
forthwith either–
i
send that copy to the inspector by whom code authorisations are normally issued to him, or
ii
arrange for both the particulars specified in paragraphs (i) to (iv) of sub-paragraph (a) and the particulars contained in the statement to be transmitted electronically to that inspector.
8
1
Regulation 26 shall be amended as follows.
2
In paragraph (1) for sub-paragraph (b) there shall be substituted the following sub-paragraph–
b
within 14 days after retirement–
i
prepare a statement on the form provided containing the particulars specified in paragraph (2) (“the statement”),
ii
either send the statement to the inspector or arrange for the particulars contained in the statement to be transmitted electronically to the inspector, and
iii
deliver a copy of the statement to the employee.
3
In paragraph (3)–
a
for the word “certificate”, wherever occurring, there shall be substituted the word “statement”;
b
in paragraph (b) for the words from “regulation 25(2)” to “paragraph and” there shall be substituted the words
paragraph (2) of regulation 25 and either–
i
send it to the inspector mentioned in sub-paragraph (b)(i) of that paragraph, or
ii
arrange for the particulars referred to in sub-paragraph (b)(ii) of that paragraph to be transmitted electronically to that inspector, and
.
9
1
Regulation 27 shall be amended as follows.
2
In paragraph (1) for the words from “forthwith” to the end there shall be substituted the words
forthwith either–
send to the inspector the statement mentioned in regulation 23(1), or the statement mentioned in regulation 30(4), as the case may require, together with the three copies of the statement mentioned in regulation 23(3), and insert on the statement the name and address of the personal representative of the deceased employee, if they are known to him, or
arrange for the particulars contained in that statement, or which would otherwise fall to be inserted or included on that statement in accordance with sub-paragraph (a) of this paragraph or paragraph (2), to be transmitted electronically to the inspector.
3
In paragraph (2) for the word “certificate”, wherever occurring, there shall be substituted the word “statement”.
10
1
Regulation 28 shall be amended as follows.
2
In paragraph (1) for the words “render a return to the inspector giving” there shall be substituted the words “provide the inspector with particulars of”.
3
In paragraph (3)–
a
for the words “rendered the return” there shall be substituted the words “provided the inspector with particulars as”;
b
for the words “render any further return” there shall be substituted the words “provide any further particulars”.
4
In paragraph (4) for the word “certificate” there shall be substituted the word “statement”.
5
In paragraph (5) for the words “render a return to the inspector giving” there shall be substituted the words “provide the inspector with particulars of”.
6
After paragraph (5) there shall be added the following paragraph–
6
The particulars referred to in paragraphs (1) and (5) either–
a
shall be contained in a document provided by the Board or approved by the Board for that purpose, or
b
shall be transmitted electronically.
11
1
Regulation 30 shall be amended as follows.
2
In paragraph (4)(a) for the word “certificate” there shall be substituted the word “statement”.
12
1
Regulation 34 shall be amended as follows.
2
For the word “certificate”, wherever occurring, there shall be substituted the word “statement”.
13
1
Regulation 37 shall be amended as follows.
2
In paragraph (2)–
a
for the word “certificate”, where it first occurs, there shall be substituted the word “statement”;
b
for the words “or regulation 89(2)” there shall be substituted the words “, or two copies of the certificate delivered in accordance with regulation 89(2),”.
14
1
Regulation 43 shall be amended as follows.
2
In paragraph (1) for the words from “paragraph (2)” to the end there shall be substituted the words “paragraph (1A) in respect of all employees in respect of whom the employer was required at any time during the year to prepare or maintain deductions working sheets in accordance with these Regulations”.
3
After paragraph (1) there shall be inserted the following paragraphs–
1A
The particulars specified in this paragraph are–
a
the year to which the return relates,
b
the total amount of the emoluments paid by the employer to the employees during that year, and
c
subject to regulation 36(4), the total net tax deducted from the emoluments.
1B
The return required by paragraph (1) shall be supported by the particulars specified in paragraph (2) and, where appropriate, the particulars specified in paragraph (6), in respect of each of the employees to whom the employer paid emoluments during that year.
1C
The particulars specified in paragraphs (2) and (6) either–
a
shall be contained in a document provided by the Board for that purpose or approved by the Board, which shall accompany the return, or
b
not later than 44 days after the end of the year, shall be transmitted electronically to the inspector or collector to whom the return is rendered.
4
In paragraph (2)(b) after the word “return” there shall be inserted the words “in question”.
5
In paragraph (6) for the word “show” there shall be substituted the words “be supported by the following particulars, that is to say,”.
15
1
Regulation 46 shall be amended as follows.
2
In paragraph (1) for the words from “render” to “containing” there shall be substituted the words “provide the inspector or other officer of the Board, not later than 92 days after the end of the year, with the following particulars”.
3
After paragraph (1) there shall be inserted the following paragraph–
1A
The particulars referred to in paragraph (1) either–
a
shall be contained in a document provided by the Board or approved by the Board for that purpose, or
b
shall be transmitted electronically.
4
In paragraph (7) for the words “to include in a return under paragraph (1)” there shall be substituted the words “, by virtue of paragraph (1), to provide the inspector or other officer of the Board with”.
5
After paragraph (7) there shall be inserted the following paragraph–
7A
At the same time as he provides the inspector or other officer of the Board with particulars in accordance with this regulation, the employer shall furnish that person with a declaration, in the form provided by the Board, stating that–
a
all particulars required to be provided for the year in accordance with the regulation have been provided, and
b
those particulars are complete and accurate to the best of the employer’s knowledge and belief.
16
1
Regulation 46AA shall be amended as follows.
2
In paragraphs (1) and (3) for the words “a return under regulation 46(1) falls to be rendered” there shall be substituted the words “particulars fall to be provided under regulation 46(1)”.
3
In paragraph (6) for the words “the return under regulation 46(1) relates”, in both places where they occur, there shall be substituted the words “the particulars provided under regulation 46(1) relate”.
17
1
Regulation 46AB shall be amended as follows.
2
The words “in a return”, wherever occurring, shall be omitted.
18
1
Regulation 46A shall be amended as follows.
2
In paragraph (1) for the words from “render” to “containing” there shall be substituted the words “provide the inspector, not later than 28 days after the end of each income tax quarter, with”.
3
After paragraph (1) there shall be inserted the following paragraph–
1A
The particulars referred to in paragraph (1) either–
a
shall be contained in a document provided by the Board or approved by the Board for that purpose, or
b
shall be transmitted electronically.
19
1
Regulation 55 shall be amended as follows.
2
In paragraph (2)(aa) for the words “include in a return or returns” there shall be substituted the words “provide to the inspector”.
20
1
Regulation 80A shall be amended as follows.
2
In paragraph (5) for the words “43, 44, 45 or 46 of these Regulations” there shall be substituted the words “43, 44 or 45 of these Regulations, or in particulars provided by the employer under regulation 46 of these Regulations”.
21
1
Regulation 84 shall be amended as follows.
2
In paragraph (1) for the word “certificate” there shall be substituted the word “statement”.
3
In paragraphs (3), (5), (6) and (7) before the word “certificate”, in each place where it occurs, there shall be inserted the words “statement or”.
4
In paragraph (8) for the word “certificate” there shall be substituted the word “statement”.
5
In paragraph (9)–
a
before the word “certificate”, where it first occurs, there shall be inserted the words “statement or”;
b
for the word “certificate”, where it secondly occurs, there shall be substituted the word “statement”.
22
1
Regulation 91 shall be amended as follows.
2
In paragraph (5)(b) before the word “certificate” there shall be inserted the words “statement or”.
23
1
Regulation 98E shall be amended as follows.
2
For the word “certificate”, in both places where it occurs, there shall be substituted the word “statement”.
S C T Matheson
Tim Flesher
Two of the Commissioners of Inland Revenue
6th October 1998


text:
1
This Order may be cited as the Public Telecommunication System Designation (North American Gateway 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
These Regulations may be cited as the River Tweed (Baits and Lures) Regulations 1998 and shall come into force on 1st February 1998.
Specification of baits and lures
2
1
Any worm (whether fresh or preserved) and any part thereof is hereby specified as bait for the purposes of the definition of “rod and line” in section 24(1) of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 .
2
Any lure having more than one hook (other than a lone double, or lone treble, hook) attached to it is hereby specified as a lure for the purposes of the definition of “rod and line” in section 24(1) of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951.
Areas of application
3
These regulations apply to the following areas–
a
the Rivers Ettrick and Yarrow together with their tributaries;
b
the River Tweed (other than its tributaries) downstream from its confluence with the River Ettrick; and
c
the following parts of the tributaries of the River Tweed:
i
the Gala Water downstream from ( and including) Boleside road bridge;
ii
the Leader Water downstream from (and including) Leaderfoot bridge;
iii
the River Teviot downstream from (and including) the Kelso to St Boswells road bridge;
iv
the River Till downstream from (and including) the Twizel Cauld; and
v
the River Whiteadder downstream from (and including) the Newmills Cauld.
G M Thomson
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
6th January 1998


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Mackerel (Specified Sea Areas) (Prohibition of Fishing) Order 1998 and shall come into force on 18th December 1998.
2
In this Order–
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned;
“length”, in relation to a boat, means the length calculated in accordance with the rules specified in Article 2(1) of Council Regulation ( EEC ) No. 2930/86 defining characteristics for fishing vessels as amended ;
“sea area” means a statistical division or sub-area of the International Council for the Exploration of the Sea specified in the Schedule hereto.
Prohibition and Exception
2
1
Subject to paragraph (2) below, fishing–
a
by any British fishing boat registered in the United Kingdom within any part of a sea area; or
b
by any other British fishing boat within any part of a sea area which lies within British fishery limits ,
for mackerel ( Scomber scombrus ) in sea areas ICES Statistical Sub-Areas VI , VII , XII and XIV and ICES Statistical Divisions Vb and VIIIa, b, d and e is prohibited during the period beginning with the date of coming into force of this Order and ending immediately before 1st January 1999.
2
The prohibition in paragraph (1) above shall not apply to any boat whose length exceeds 10 metres, except in the case of any boat when used for the purpose of conveying persons wishing to fish for pleasure.
Powers of British sea-fishery officers in relation to fishing boats
3
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) below–
a
anywhere in relation to any British fishing boat registered in the United Kingdom; and
b
in any waters adjacent to the United Kingdom and within British fishery limits in relation to any other British fishing boat.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular–
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this order has at any time taken place within British fishery limits he may–
a
require the master of the boat in relation to which the contravention 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
detail 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 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.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
11th December 1998
Sewel
Parliamentary Under Secretary of State, Scottish Office
11th December 1998
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
14th December 1998
Dubs
Parliamentary Under Secretary of State for Northern Ireland
11th December 1998


text:
Citation and commencement
1
These Regulations may be cited as the Occupational Pension Schemes (Scheme Administration) Amendment Regulations 1998 and shall come into force on 22nd July 1998.
Amendment of the Occupational Pension Schemes (Scheme Administration) Regulations 1996
2
In regulation 3 of the Occupational Pension Schemes (Scheme Administration) Regulations 1996 (exemptions from the professional advisers requirements) after paragraph (4) there shall be added the following new paragraphs: —
5
Subject to paragraph (6), where the trustees or managers of a scheme appoint a custodian on terms —
a
which allow the custodian to use the services of an appointed person; and
b
which —
i
in the case of a custodian appointed before the relevant date, set out in writing, or
ii
in the case of a custodian appointed on or after the relevant date, specify that, before taking up the appointment the custodian must disclose in writing to the trustees or managers,
whether, and if so, the extent to which the custodian accepts liability in respect of functions exercised or exercisable on his behalf by an appointed person; and
c
which require that, immediately upon any subsequent change in the extent of the liability accepted by the custodian in respect of functions exercised or exercisable on his behalf by an appointed person, the custodian must disclose in writing to the trustees or managers whether and, if so, the extent to which his liability has changed,
section 47(3) of the 1995 Act shall not apply with respect to any reliance placed on the skill or judgement of the appointed person in the exercise of any of the functions given to the appointed person.
6
In a case where —
a
sub-paragraph (b)(ii) of paragraph (5) applies; or
b
there has been a change of a kind mentioned in sub-paragraph (c) of that paragraph,
section 47(3) of the 1995 Act shall not be disapplied by virtue of that paragraph unless the custodian has made the disclosure required by that sub-paragraph (b)(ii) or, as the case may be, that sub-paragraph (c).
7
In paragraphs (5) and (6) —
“appointed person” means any person appointed by a custodian, or by any other person empowered by the terms of his own appointment to appoint another person, to exercise any of the functions given to the custodian;
“custodian” means a person appointed by the trustees or managers to exercise any of the functions set out in regulation 2(c) of these Regulations (custody of cash, securities, etc ); and
“relevant date” means 22nd July 1998.
.
Signed by authority of the Secretary of State for Social Security.
John Y. Denham
Parliamentary Under-Secretary of State,
Department of Social Security
18th June 1998


text:
1
This Order may be cited as the Public Telecommunication System Designation (International Telecommunications Group Inc) 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:
1
This Order may be cited as the Secure Training Order (Transitory Provisions) Order 1998 and shall come into force on 12th August 1998.
2
In relation to any time before the commencement of section 73 of the Crime and Disorder Act 1998, a court shall not make an order under–
a
section 1 of the 1994 Act (secure training orders); or
b
subsection (3)(a) of section 4 of that Act (breaches of supervision requirements),
unless it has been notified by the Secretary of State that accommodation at a secure training centre, or accommodation provided by a local authority for the purpose of restricting the liberty of children and young persons, is immediately available for the offender, and the notice has not been withdrawn.
3
Sections 2 and 4 of the 1994 Act shall have effect, in relation to any such time, as if–
a
for subsections (2) and (3) of section 2 there were substituted the following subsection–
2
Where accommodation for the offender at a secure training centre is not immediately available–
a
the court shall commit the offender to accommodation provided by a local authority for the purpose of restricting the liberty of children and young persons until such time as accommodation for him at such a centre is available; and
b
the period of detention in the centre under the order shall be reduced by the period spent by the offender in the accommodation so provided.
;
b
in subsection (5) of that section, for the words “subsections (2)(a)(ii) and (4)(b) apply” there were substituted the words “subsection (4)(b) applies”;
c
for subsection (8) of that section there were substituted the following subsection–
8
In this section “local authority” has the same meaning as in the Children Act 1989.
; and
d
in subsection (4) of section 4, for the words “paragraphs (a), (b) and (c) of subsection (2) and subsections (5), (7) and (8) of section 2” there were substituted the words “paragraphs (a) and (b) of subsection (2) and subsections (7) and (8) of section 2”.
Alun Michael
Minister of State
Home Office
6th August 1998


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Extraction Solvents in Food (Amendment) Regulations 1998.
2
This regulation and regulation 2(a), (c)(ii) and (e)(ii) shall come into force on 27th October 1998 and the remainder of these Regulations shall come into force on 27th April 1999.
3
In these Regulations “the principal Regulations ” means the Extraction Solvents in Food Regulations 1993 .
Amendment of the principal Regulations
2
The principal Regulations shall be amended as follows–
a
in regulation 4 (sale of food containing extraction solvents and of extraction solvents) in paragraph (2) subparagraph (e) for the words “items 11 to 20” there shall be substituted the words “items 11 to 21”;
b
after regulation 8 (transitional provision) there shall be inserted the following regulation–
Defence in relation to existing stocks
9
In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove that–
a
the food or, as the case may be, the extraction solvent in respect of which the offence is alleged to have been committed was placed on the market or labelled before 27th April 1999; and
b
the act or omission alleged to constitute the offence would not, if it had been committed or had occurred, as appropriate, before 27th April 1999, have constituted an offence under these Regulations prior to their amendment by the Extraction Solvents in Food (Amendment) Regulations 1998.
;
c
in Schedule 1 Part I (permitted extraction solvents) in Column 1–
i
entry number 3 “Butyl acetate” and entry number 18 “Methyl-propan-l-ol” shall be omitted;
ii
after entry number 20 there shall be inserted the following entry–
21
l,1,1,2–tetrafluoroethane
;
d
for Schedule 2 (foods in which only certain permitted extraction solvents may be used and then only for certain purposes) there shall be substituted the content of the Schedule to these Regulations; and
e
in Schedule 3 (maximum residues of extraction solvent permitted in foods due to the use in those foods of food consisting of flavourings prepared from natural flavouring materials by using those extraction solvents)–
i
in Column 1 (extraction solvent) the entry “Methyl-propan-l-ol” shall be omitted together with the corresponding entry in Column 2 (maximum residue); and
ii
there shall be inserted at the end in Column 1 the entry “l,l,l,2–tetrafluoroethane” and in Column 2 the entry “0.02 mg/ kg ”.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
9th September 1998
Signed by authority of the Secretary of State for Health
Tessa Jowell
Minister of State for Public Health,
Department of Health
9th September 1998
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under-Secretary of State, Welsh Office
14th September 1998
Sam Galbraith
Parliamentary Under-Secretary of State, Scottish Office
14th September 1998


text:
1
This Order may be cited as the Public Telecommunication System Designation (Telegroup UK 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:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Spreadable Fats (Marketing Standards) (Amendment) (No. 2) Regulations 1998 and shall come into force on 10th November 1998.
2
In these Regulations “the principal Regulations ” means the Spreadable Fats (Marketing Standards) Regulations 1995 .
Amendment of the principal Regulations
2
The principal Regulations shall be amended in accordance with regulations 3 and 4 below.
3
In regulation 2(1) (interpretation), in the definition of “the Commission Regulation”, there shall be substituted for the words “and Commission Regulation ( EC ) No. 2181/97 ” the words “, Commission Regulation (EC) No. 2181/97 , Commission Regulation (EC) No. 623/98 and Commission Regulation (EC) No. 1298/98 ”.
4
In Schedule 1 (Community provisions), in paragraph 2, there shall be substituted in column 3 (subject matter) for the existing entry the following entry–
Restrictions on use of the designation “butter” for composite products
.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
13th October 1998
Signed by authority of the Secretary of State for Health
Tessa Jowell
Minister of State for Public Health,
Department of Health
12th October 1998
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
13th October 1998
Sam Galbraith
Parliamentary Under Secretary of State, Scottish Office
9th October 1998


text:
Title and commencement
1
This Order may be cited as the Home-Grown Cereals Authority (Rate of Levy) Order 1998 and shall come into force on 1st July 1998.
Interpretation
2
In this Order —
a
unless the context otherwise requires, expressions have the same meanings as they have in the Schemes; and
b
“the relevant year” means the period of twelve months beginning with 1st July 1998.
Rates of levy
3
1
For the relevant year the rates of levy per tonne of cereals delivered, which appear to the Ministers to be sufficient (but not more than sufficient) to meet the amount apportioned to each kind of cereal, shall in each case be —
a
48.5275 pence in respect of dealer levy,
b
44.65 pence in respect of grower levy,
c
9.165 pence in respect of standard rate processor levy, and
d
4.465 pence in respect of reduced rate processor levy.
2
For the relevant year the rate of levy per tonne of oilseeds delivered, which appears to the Ministers to be sufficient (but not more than sufficient) to meet the amount apportioned to each kind of oilseed, shall in each case be 76.375 pence.
Donoughue
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
18th May 1998
Sewel
Parliamentary Under Secretary of State, Scottish Office
18th May 1998
Dubs
Parliamentary Under Secretary of State, Northern Ireland Office
18th May 1998
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
21st May 1998


text:
Citation and commencement
1
This Order may be cited as the Motor Vehicles (Authorisation of Special Types) (Amendment) (No. 2) Order 1998 and shall come into force on 1st December 1998.
Vehicles propelled by natural gas
2
1
The Motor Vehicles (Authorisation of Special Types) General Order 1979 shall be amended as follows.
2
After Article 17 there shall be inserted the following Article —
17A
The Secretary of State authorises the use on roads of vehicles propelled by compressed natural gas notwithstanding that they do not comply with the requirements of regulations 40, 94(2) and (3) and 96 of, or of Schedule 4 or 5 to, the Road Vehicles (Construction and Use) Regulations 1986 subject to the following conditions: —
a
all other relevant requirements of the Road Vehicles (Construction and Use) Regulations 1986 shall be complied with;
b
the compressed natural gas system shall comply with Schedule 5A; and
c
Schedule 5B shall be complied with.
3
After Schedule 5 there shall be inserted the Schedules set out in the Schedule to this Order.
Signed by authority of the Secretary of State
Larry Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
21 November 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemptions) (London Fire and Civil Defence Authority) Order 1998 and shall come into force on 22nd July 1998.
2
In this Order, “the LFCDA ” means the London Fire and Civil Defence Authority.
Exemptions of construction and property services and of financial services
2
1
The provision of construction and property services by the LFCDA shall not be treated as a defined activity so long as it is carried out during the period beginning with 1st April 1999 and ending on 31st March 2000.
2
The provision of financial services by the LFCDA shall not be treated as a defined activity so long as it is carried out during the period beginning with 22nd July 1998 and ending on 31st March 2001.
Signed by authority of Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
22nd June 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Prescription Only Medicines (Human Use) Amendment (No. 2) Order 1998 and shall come into force on 1st June 1998, except for article 2(d)(ii) which 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 Schedule 1 to the principal Order
2
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 Domperidone Maleate, there are inserted the following entries —
in column 3
For the relief of post-prandial symptoms of excessive fullness, nausea, epigastric bloating and belching, occasionally accompanied by epigastric discomfort and heartburn,
in column 4
10mg (MD)
40mg (MDD)
and in column 5
Container or package containing not more than 100mg of Domperidone as Domperidone Maleate;
in relation to the substance Minoxidil, there are substituted for the entry in column 2 the entries —
1
2.0 per cent
2
5.0 per cent
and for the entry in column 3 the entries —
1
External
2
External use for the treatment of alopecia androgenetica, in men aged 18 to 65 (but not in women);
in relation to the substance Nizatidine —
there are inserted in the entry in column 3, after the word “prevention”, the words “and treatment”, and after the word “heartburn”, the words “and meal-induced indigestion”,
there is inserted in column 4, after the entry “75mg (MD)”, the entry “150mg (MDD)”, and
there is substituted in column 4 for the entry “Maximum of 4 such doses in any period of 14 days”, the entry “For a maximum period of 14 days”; and
there is inserted in column 1, at the appropriate point in the alphabetical order of the entries in that column, each of the following substances —
“Pirenzepine Dihydrochloride Monohydrate”
“Quinapril Hydrochloride” and
“Phenolphthalein.”
Amendment of Schedule 5 to the principal Order
3
In Part III of Schedule 5 to the principal Order there is inserted in the entry in column 2 of paragraph 9, after the words “Anhydrous Glucose”, the words “Bretylium Tosylate”.
Signed by the authority of the Secretary of State for Health
Jay
Minister of State,
Department of Health
1st May 1998
Peter Hain
Parliamentary Under Secretary of State, The Welsh Office
6th May 1998
Sam Galbraith
Parliamentary Under Secretary of State, The Scottish Office
5th May 1998
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on
D. C. Gowdy
Permanent Secretary
6th May 1998.


text:
Citation commencement and interpretation
1
1
This Order may be cited as the London Docklands Development Corporation (Alteration of Designated Areas) Order 1998 and shall come into force on 9th March 1998.
2
In this Order references to “the 1994 Act ” are to the London Docklands Development Corporation Act 1994.
Alteration of land comprised in the designated areas
2
1
In this article, “the Maps” means the maps respectively labelled “Map 1”, “Map 2”, “Map 3”, “Map 4”, “Map 5” and “Map 6” entitled “London Docklands Development Corporation Alteration of Designated Areas Maps 1 to 6 January 1998”, one set of which, signed by an Under Secretary in the Government Office for London, has been deposited and is available for inspection at each of the following offices, that is to say, the offices of the Secretary of State for the Environment, Transport and the Regions, the London Docklands Development Corporation, and the councils of the London boroughs of Newham, Southwark and Tower Hamlets.
2
The designated areas are altered by —
a
the removal from the designated areas of the areas shown coloured green on the Maps and described in Part 1 of the Schedule to this Order, and
b
the inclusion within the designated areas of the areas shown coloured pink on the Maps and described in Part 2 of the Schedule to this Order,
and, as regards any matter arising after the date of the coming into force of this Order, any reference in the 1994 Act to the designated areas shall be a reference to the designated areas as altered by this Order.
3
If there is any discrepancy between the areas shown on the Maps and the descriptions in the Schedule to this Order, the Maps shall prevail.
We consent, so far as this Order includes land forming part of an inland waterway of the British Waterways Board,
Signed by R. J. Duffy on behalf of the British Waterways Board Director of Corporate Services
10th February 1998
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Richard Caborn
Minister of State,
Department of the Environment, Transport and the Regions
12th February 1998


text:
Citation and commencement
1
This Order may be cited as the Urban Development Corporations in England (Area and Constitution) Order 1998 and shall come into force on 3rd April 1998.
Urban development area
2
1
Articles 2 and 3 of each of the following Orders are hereby revoked —
a
the Birmingham Heartlands Development Corporation (Area and Constitution) Order 1992 ;
b
the Black Country Development Corporation (Area and Constitution) Order 1987 ;
c
the London Docklands Development Corporation (Area and Constitution) Order 1980 ;
d
the Merseyside Development Corporation (Area and Constitution) Order 1980 ;
e
the Plymouth Development Corporation (Area and Constitution) Order 1993 ;
f
the Teesside Development Corporation (Area and Constitution) Order 1987 ;
g
the Trafford Park Development Corporation (Area and Constitution) Order 1986 ; and
h
the Tyne and Wear Development Corporation (Area and Constitution) Order 1987 .
2
The following Orders are hereby revoked —
a
the Liverpool and Wirral Urban Development Area Order 1988 ;
b
the London Docklands Development Corporation (Area and Constitution) (Amendment) Order 1981 ; and
c
the Wolverhampton Urban Development Area Order 1988 .
3
So much of the Orders listed in paragraph (1) above as has not previously been revoked shall be revoked with effect from 1st July 1998.
Vesting orders
3
The Orders listed in the Schedule to this Order shall be revoked with effect from 1st July 1998.
Signed by authority of the Secretary of State for the Environment
R. G. Caborn
Minister of State,
Department of the Environment, Transport and the Regions
19th January 1998


text:
Commencement and citation
1
This Order may be cited as The A4 Trunk Road (Hillingdon) Red Route (Clearway) Traffic Order 1996 Variation Order 1998, and shall come into force on 2nd November 1998.
Variations
2
The A4 Trunk Road (Hillingdon) Red Route (Clearway) Traffic Order 1996 is varied by the following provisions of this Order.
3
Schedule 2 is deleted and replaced with the following schedule:
SCHEDULE 2
Areas of the trunk road red route (clearway) to which the prohibitions and restrictions specified in article 3(1) do not apply.
Article 3(2)
Table
(1) (2) Item Area of Road
1. The A4, Colnbrook By-Pass, the north side, area of carriageway parallel to the northern kerbline, between a point 145 metres east of the eastern kerb-line of Stanwell Moor Road and a point 189 metres east of that kerb-line and having a width of 2.4 metres throughout. 2. The A4, Colnbrook By-Pass, the north side, area of carriageway parallel to the northern kerbline, between the western boundary of 8 Colnbrook By-Pass and a point 5 metres east of the eastern boundary of 1 Colnbrook By-Pass and having a width of 2.1 metres throughout. 3. The A4, Bath Road, the north side, area of carriageway parallel to the northern kerbline, between a point 12 metres west of the western boundary of Bedford House and a point 21 metres east of that boundary and having a width of 2.4 metres throughout. 4. The A4, Bath Road, the south side, area of carriageway parallel to the northern kerbline, between a point 31 metres west of the western boundary of the “Three Magpies” public house, Bath Road and a point 19 metres east of that boundary and having a width of 2.4 metres throughout. 5. The A4 Bath Road, the north side, area of carriageway parallel to the northern kerbline, between a point 2 metres west of a point opposite the party wall of 346 and 348 Bath Road and a point 3 metres west of the eastern flank wall of No. 338 Bath Road and having a width of 2.3 metres throughout. 6. The A4 Bath Road, the north side, area of carriageway parallel to the northern kerbline, from a point 3.7 metres east of a point opposite the western flank wall of No. 336 Bath Road eastwards for a distance of 6 metres and having a width of 2.3 metres throughout. 7. The A4 Bath Road, the north side, area of carriageway parallel to the northern kerbline, from a point 2 metres east of a point opposite the western flank wall of No. 332 Bath Road eastwards to a point opposite the eastern flank wall of No. 322 Bath Road and having a width of 2.3 metres throughout. 8. The A4 Bath Road, the north side, area of carriageway parallel to the northern kerbline, from a point 4.8 metres east of a point opposite the western flank wall of No. 320 Bath Road eastwards for a distance of 6 metres and having a width of 2.3 metres throughout. 9. The A4 Bath Road, the north side, area of carriageway parallel to the northern kerbline, from a point 2.2 metres east of a point opposite the western flank wall of No. 316 Bath Road eastwards for a distance of 5 metres and having a width of 2.3 metres throughout.
4
In schedule 3A item 2 is deleted.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
21st October 1998


text:
1
These Regulations may be cited as the Civil Aviation (Joint Financing) (Amendment) Regulations 1998 and shall come into force on 1st January 1999.
2
The Civil Aviation (Joint Financing) Regulations 1997 shall be amended as follows:
a
in regulation 4(1) for the sums £62.88, £17.80 and £45.08 there shall be substituted respectively the sums £45.69, £9.76 and £35.93;
b
in regulation 15(2) for the figure 22.137% there shall be substituted the figure 14.883%.
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
30th November 1998
We consent to the making of these Regulations.
Bob Ainsworth
David Jamieson
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd December 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Ashford and St. Peter’s Hospitals 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;
“the trust” means the Ashford and St. Peter’s Hospitals 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 Ashford and St. Peter’s Hospitals National Health Service Trust.
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 own and manage pursuant to section 5(1)(a) of the Act:
i
St. Peter’s Hospital, Guildford Road, Chertsey, Surrey KT16 0PZ,
ii
Ashford Hospital, London Road, Ashford, Middlesex TW15 3AA,
and associated hospitals, and there to provide hospital accommodation and services.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 executive directors and 5 non-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
17th March 1998


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Insurance Companies (Amendment) Regulations 1998 and shall come into force on 1st January 1999.
2
The Insurance Companies Regulations 1994 (“the 1994 Regulations ”), the Insurance Companies (Accounts and Statements) Regulations 1996 (“the 1996 Regulations ”) and the Insurance Companies (Reserves) Regulations 1996 (“the Reserves Regulations ”) shall have effect subject to the following amendments.
Amendment of the 1994 Regulations
Interpretation: Part VIII
2
In paragraph (1) of regulation 44 (interpretation: Part VIII), in the definition of “approved financial institution” insert “the European Central Bank” after “any of the following–” and before “the central bank of an EEA State”.
Amendments of the 1996 Regulations
Risks groups for general business
3
In paragraph (3)(f) of regulation 12 of the 1996 Regulations (risk groups for general business), after the words “Schedule 2C of the Act” insert “, or approved by the competent authority of another EEA State under Article 12 of Council Directive 92/49/ EEC ,” .
Schedule 1 to the 1996 Regulations: balance sheet and profit and loss account
4
In sub-paragraph (b) of paragraph 17 of Schedule 1 to the 1996 Regulations, for “lines 21 to 47 of Form 14” substitute “lines 17 to 39 of Form 14”.
5
1
The forms contained in Schedule 1 to the 1996 Regulations shall be amended as follows.
2
In paragraph 3(b) of the instructions for completion of Form 13 (analysis of admissible assets), for the words “the United Kingdom branch of an external company (other than a pure reinsurer)” substitute “an EEA branch return of a United Kingdom deposit company”.
Schedule 2 to the 1996 Regulations: general business: revenue account and additional information
6
1
Paragraph 3 of Schedule 2 to the 1996 Regulations (currency) shall be amended as follows.
2
In sub-paragraph 4(b) of paragraph 3, after the words “Canadian dollars” insert “, euros”.
3
After sub-paragraph (5) of paragraph 3, insert–
6
For the purposes of sub-paragraph (1) above, “the currency of the country concerned”, in the case of a country participating in European Economic and Monetary Union shall mean–
a
for forms completed in respect of a financial year ending before 31st December 1999, the currency of the country concerned as at 31st December 1998;
b
for forms completed in respect of a financial year ending on or after 31st December 1999, the euro (whether or not the amounts reported on those forms relate to accident or underwriting years ending on or after 31st December 1999).
.
7
In sub-paragraph (1)(a) of paragraph 5 of Schedule 2 to the 1996 Regulations, for the words “an appropriately weighted average of European currencies” substitute “euros”.
8
1
The forms contained in Schedule 2 to the 1996 Regulations shall be amended as follows.
2
In paragraph 4 of the instructions for the completion of Form 33 (underwriting year accounting reconciliation of gross claims and premiums for direct and facultative reinsurance), for “Form 20” substitute “Form 21”.
3
Paragraph 8 of the instructions for the completion of Form 34 (underwriting year accounting: analysis of gross claims and premiums by risk group for direct insurance and facultative reinsurance) shall be omitted.
4
In paragraph 1 of the instructions for completion of Form 36 (currency rates), for “column 1 to this form” substitute “the column to this form headed “ No. of units to £ sterling””.
Schedule 4 to the 1996 Regulations: abstract of valuation report prepared by the appointed actuary
9
In paragraph 20(3) of Schedule 4 to the 1996 Regulations, for the words “in accordance with paragraph 4” substitute “in accordance with paragraph 7”.
10
In paragraph 5 of the instructions for completion of Form 60 in Schedule 4 to the 1996 Regulations (long term business: required minimum margin), for the words “referred to in the supplementary note to Form 14 (made in accordance with the instruction 4 to that Form)” substitute “shown at line 63 to Form 14”.
Amendment of the Reserves Regulations
Interpretation
11
After sub-paragraph (3) of regulation 2 of the Reserves Regulations (interpretation), insert–
4
For the purposes of these Regulations, the rate of conversion from the euro to the pound sterling shall be the rate applicable on the last day of the preceding October for which the rate was published in the Official Journal of the Communities.
Jane Kennedy
David Jamieson
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd December 1998


text:
1
These Rules may be cited as the Secure Training Centres (Escorts) (Amendment) Rules 1998 and shall come into force on 15th June 1998.
2
In rule 2 of the Secure Training Centres (Escorts) Rules 1998 , for paragraphs (4) and (5) there shall be substituted the following:
4
An offender shall not be searched by an officer of the opposite sex.
5
At least one other person (being another officer or a constable) shall be present when an officer is searching an offender.
6
An offender shall not be stripped and searched in the sight or presence of any person other than the officer conducting the search and any other officer or constable present by virtue of paragraph (5) above.
7
An offender shall not be stripped and searched in the sight or presence of any person of the opposite sex.
.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
31st May 1998