othertales/uklegislation huggingface dataset:
MENTAL HEALTH Citation, commencement and interpretation 1 1 This Order may be cited as the Mental Health Review Tribunals (Regions) Order 1998 and shall come into force on 1st August 1998. 2 In this Order “ the Act ” means the Mental Health Act 1983. Determination of Regions 2 Each of the regions described in column (2) of the Schedule to this Order is hereby determined as a region for the purposes of section 65(1A)(a) of the Act (regions of England for which there are to be Mental Health Review Tribunals) and shall be known by the name specified in relation to it in column (1) of that Schedule. Transitional provision 3 1 In this article— “former region” means a region determined in accordance with the Mental Health Review Tribunals (Regions) Order 1996 and in existence immediately before 1st August 1998; “new region” means a region determined by article 2 of this Order; “relevant new region” means— in relation to the former regions Anglia and Oxford Region and North Thames Region, the new North London and East Region, in relation to the former regions Northern and Yorkshire Region and Trent Region, the new Trent and Northern and Yorkshire Region, in relation to the former regions South and West Region and South Thames Region, the new South London and South and West Region, and in relation to the former regions North West Region and West Midlands Region, the new West Midlands and North West Region; and “Tribunal” means a Mental Health Review Tribunal. 2 Anything done by or in relation to, or any application or reference made to or in relation to, or any direction, authorisation or notice given by or in relation to, the Tribunal for a former region before 1st August 1998 is deemed to have been done by or in relation to, or made to or in relation to, or given by or in relation to, the Tribunal for the relevant new region. 3 Any person who, immediately before 1st August 1998, was a member of a Tribunal for a former region is deemed to have been appointed to be a member of the Tribunal for the relevant new region and any reference in the instrument under which he was appointed to a Tribunal for a former region is deemed to be a reference to the Tribunal for the relevant new region. Revocation 4 The Mental Health Review Tribunals (Regions) Order 1996 is hereby revoked. Signed by authority of the Secretary of State for Health Paul Boateng Parliamentary Under Secretary of State, Department of Health 12th June 1998
NATIONAL HEALTH SERVICE, SCOTLAND Citation, commencement and interpretation 1 1 These Regulations may be cited as the National Health Service Trusts (Membership and Procedure) (Scotland) Amendment Regulations 1998 and shall come into force on 6th July 1998. 2 In these Regulations “the principal Regulations ” means the National Health Service Trusts (Membership and Procedure) (Scotland) Regulations 1991 . Amendment of the principal Regulations 2 In regulation 8 of the principal Regulations (disqualification for appointment: chairman and non-executive directors) paragraph (1)(g) shall be omitted. Sam Galbraith Minister for Health Scottish Office St Andrew’s House, Edinburgh 9th June 1998
DEFENCE 1 This Order may be cited as the Visiting Forces and Allied Headquarters (Income Tax and Capital Gains Tax) (Designation) Order 1998 and shall come into force on 24th June 1998. 2 Each of the countries specified in the First Schedule to this Order and each of the allied headquarters specified in the Second Schedule to this Order is hereby designated for the purposes of section 323 of the Income and Corporation Taxes Act 1988 and of section 11(1) of the Taxation of Chargeable Gains Act 1992. N. H. Nicholls Clerk of the Privy Council
CONTRACTING OUT Citation and commencement 1 1 This Order may be cited as the Contracting Out (Functions Relating to National Savings) Order 1998. 2 This Order shall come into force on the day after the day on which it is made. Interpretation 2 In this Order— “the 1971 Act ” means the National Savings Bank Act 1971 ; “the 1972 Act ” means the National Debt Act 1972 ; “ the Director ” means the Director of Savings; “the functions” means those functions of the Director relating to the Department for National Savings conferred by: sections 1(2), 5(1A) and 6(3) of the 1971 Act; sections 2(2) , 7(1) and 12 of the 1972 Act; and statutory instruments made under sections 2, 3(2), 4, 6(1), 7(2), 8, 9(1) and 15(3) of the 1971 Act and sections 3, 6 and 11 of the 1972 Act. Contracting out of functions 3 1 Subject to paragraph (2) below, the functions, or any of them, may be exercised by, or by employees of, such person (if any) as may be authorised in that behalf by the Director. 2 Paragraph (1) above does not apply to the functions listed in the Schedule to this Order. Jim Dowd Graham Allen Two of the Lords Commissioners of Her Majesty’s Treasury 11th June 1998
NATIONAL HEALTH SERVICE, SCOTLAND Citation, commencement and interpretation 1 1 These Regulations may be cited as the Health Boards (Membership and Procedure) (No.2) Amendment Regulations 1998 and shall come into force on 6th July 1998. 2 In these Regulations “the principal Regulations ” means the Health Boards (Membership and Procedure) (No.2) Regulations 1991 . Amendment to the principal Regulations 2 In regulation 6 of the principal Regulations (disqualification) sub-paragraphs (b) and (c) of paragraph 1 are omitted. Sam Galbraith Minister for Health Scottish Office St Andrew’s House, Edinburgh 9th June 1998
ENVIRONMENTAL PROTECTION Citation, commencement and extent 1 1 These Regulations may be cited as the Environmental Information (Amendment) Regulations 1998 and shall come into force on 10th July 1998. 2 These Regulations shall extend to Great Britain only. Amendment of the Environmental Information Regulations 1992 2 1 For regulation 4(2) of the Environmental Information Regulations 1992 , the following shall be substituted: 2 For the purposes of these Regulations, information is to be capable of being treated as confidential if, and only if, it is information the disclosure of which— a would affect international relations, national defence or public security; b would affect matters which are, or have been, an issue in any legal proceedings or in any enquiry (including any disciplinary enquiry), or are the subject-matter of any investigation undertaken with a view to any such proceedings or enquiry; c would affect the confidentiality of the deliberations of any relevant person; d would involve the supply of a document or other record which is still in the course of completion, or of any internal communication of a relevant person; e would affect the confidentiality of matters to which any commercial or industrial confidentiality attaches, including intellectual property. 2 Regulation 4(5) of the Environmental Information Regulations 1992 shall be omitted. Signed by authority of the Secretary of State for the Environment, Transport and the Regions Michael Meacher Minister of State, Department of the Environment, Transport and the Regions 11th June 1998
MARINE POLLUTION Citation and commencement 1 This Order may be cited as the Merchant Shipping (Control of Pollution) ( SOLAS ) Order 1998 and shall come into force on 1st July 1998. Power to make regulations 2 1 The Secretary of State may make regulations for the purpose of giving effect to the International Convention for the Safety of Life at Sea Convention 1974, the Protocol thereto, and amendments in force on 1st July 1998, so far as it relates to the prevention, reduction or control of pollution of the sea or other waters by waste matter from ships. 2 Such regulations may in particular include provision— a with respect to the carrying out of surveys and inspections for the purpose mentioned in subsection (1) and the issue, duration and recognition of certificates for that purpose; b with respect to the application of the regulations to the Crown and the extra-territorial operation of any provision of the regulations; c that a contravention of a provision of the regulation shall be an offence punishable on summary conviction by a fine not exceeding the statutory maximum and on conviction on indictment by imprisonment for a term not exceeding two years and a fine; d that any such contravention shall be an offence punishable only on summary conviction by a maximum fine of an amount not exceeding level 5 on the standard scale or such less amount as is prescribed by the regulations; e for detaining any ship in respect of which such a contravention is suspected to have occurred and, in relation to such a ship, for applying section 284 of the Merchant Shipping Act 1995 with such modifications, if any, as are prescribed by the regulations. 3 Such regulations may— a make different provision for different circumstances; b make provision in terms of any document which the Secretary of State or any person considers relevant from time to time; c provide for exemptions from any provisions of the regulations; d provide for the delegation of functions exercisable by virtue of the regulations; e include such incidental, supplemental and transitional provisions as appear to the Secretary of State to be expedient for the purposes of regulations. N. H. Nicholls Clerk of the Privy Council
LOCAL GOVERNMENT, ENGLAND AND WALES Citation and commencement 1 This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Walsall Metropolitan Borough Council) Order 1998 and shall come into force on 8th July 1998. Exemption of activities carried out by Walsall Metropolitan Borough Council 2 1 The following activities carried out by the council of the metropolitan borough of Walsall shall not be treated as defined activities so long as they are carried out in that authority’s area during the period beginning with 8th July 1998 and ending on 31st March 2001: collection of refuse ; other cleaning ; catering for purposes of schools and welfare ; maintenance of ground ; repair and maintenance of vehicles ; and housing management . 2 The other catering work of that authority shall not be treated as a defined activity so long as it is carried out in that authority’s area during the period beginning with 8th July 1998 and ending on 15th April 1999. Signed by authority of the Secretary of State Hilary Armstrong Minister of State, Department of the Environment, Transport and the Regions 9th June 1998
MAGISTRATES' COURTS 1 This Order may be cited as the Magistrates' Courts Committees (Devon and Cornwall) Amalgamation Order 1998 and shall come into force for the purposes of articles 2 and 4 on 1st April 1999 and for all other purposes on 1st July 1998. 2 The magistrates' courts committees for the retained counties of Devon and Cornwall shall be abolished. 3 There shall be constituted as a body corporate a new magistrates' courts committee which shall be known as the Devon and Cornwall magistrates' courts committee. 4 The area of the Devon and Cornwall magistrates' courts committee shall consist of the counties of Devon and Cornwall (including the Isles of Scilly). 5 The transitional and consequential provisions set out in the Schedule to this Order shall have effect in connection with the provisions of articles 2 and 3 of this Order. Irvine of Lairg, C. Dated 9th June 1998
MERCHANT SHIPPING 1 These Regulations may be cited as the Merchant Shipping (Port State Control) (Amendment) Regulations 1998 and shall come into force on 1st July 1998. 2 The Merchant Shipping (Port State Control) Regulations 1995 shall be amended as follows. 3 For the words “Marine Safety Agency” wherever they appear there shall be substituted “Maritime and Coastguard Agency”. 4 In regulation 2(1) after “(port State Control)” there shall be inserted “as amended by Commission Directive 96/40/ EC and Council Directive 98/25/EC .” 5 In regulation 2(2)— a in the definition of “Conventions” for the words “in force at 19 June 1995” there shall be substituted the words “in force at 1 July 1998”; b in the definition of “MOU” for the words “as it stands at 19 June 1995” there shall be substituted the words “as it stands on 14 January 1998”. 6 After regulation 9 there shall be inserted the following regulation— Procedure applicable in the absence of ISM certificates 9A 1 Where an inspection reveals that a copy of the document of compliance or the safety management certificate required by the International Management Code for the Safe Operation of Ships and for Pollution Prevention (ISM Code) are not on board a vessel to which the ISM Code is applicable at the date of inspection, the inspector shall detain the ship. 2 Notwithstanding the absence of the documentation referred to in paragraph (1) above, i if the inspection reveals no other deficiencies warranting detention the Maritime and Coastguard Agency may lift the detention order for the purpose of avoiding port congestion. Whenever such a decision is taken, the Maritime and Coastguard Agency shall immediately alert the competent authorities of the member States; and ii where deficiencies referred to in regulation 9(2) are found and cannot be rectified in the port of detention, the relevant provisions of regulation 13 shall apply. 3 A ship which proceeds to sea from any port in any member State following release in order to avoid port congestion shall not enter any port in the United Kingdom until the owner has provided evidence to the satisfaction of the competent authority of the member State where the ship was detained that the ship fully complies with the requirements of the ISM Code. 4 Notwithstanding the provisions of paragraph (3) above access to a specific port may be permitted in situations referred to in regulation 13(8). 7 For regulation 14(4) there shall be substituted: 4 An inspector shall carry a personal document in the form of an identity card issued by the Maritime and Coastguard Agency which shall include the information specified in Annex VIII of M 1639. 8 In regulation 18(2)(b), after “regulation” there shall be inserted “9A(3) or”. Signed by authority of the Secretary of State Glenda Jackson Parliamentary Under-Secretary of State, Department of the Environment, Transport and the Regions 9th June 1998
EDUCATION, SCOTLAND Citation and commencement 1 These Regulations may be cited as the St Mary’s Music School (Aided Places) Amendment Regulations 1998 and shall come into force on 1st August 1998. Amendment of St Mary’s Music School (Aided Places) Regulations 1995 2 Schedule 1 to the St Mary’s Music School (Aided Places) Regulations 1995 is amended as follows:– a in sub-paragraphs (3) and (5) of paragraph 10 (references to income) for the sum of “£1,230” in the three places where it occurs substitute “£1,265”; b in paragraph 13 (remission of fees -boarding pupils)– i in sub-paragraph (2) for the sum of “£8,723” substitute “£8,963”; and ii in sub-paragraph (3) for the Table substitute– TABLE (1) (2) (3) Part of relevant income to which the specified percentage applies Only aided pupil Each of two aided pupils That part which exceeds £8,814 but does not exceed £11,126 10% 7.5% That part which exceeds £11,126 but does not exceed £15,634 20% 15% That part in excess of £15,634 12.5% 7.5% ; c in paragraph 14 (remission of fees -day pupils) for the sums of “£10,972” and “£10,823” substitute “£11,275” and “£11,126” respectively; d in paragraph 18 (clothing grants)– i in sub-paragraph (3)– aa for the sum of “£11,355” substitute “£11,673”; and bb for heads (a) to (d) substitute– a £179, where the relevant income does not exceed £10,248; b £134, where that income exceeds £10,248 but does not exceed £10,725; c £87, where that income exceeds £10,725 but does not exceed £11,186; d £45, where that income exceeds £11,186 but does not exceed £11,673: ; ii in sub-paragraph (4)– aa for the sum of “£10,881” substitute “£11,186”; and bb for heads (a) and (b) substitute– a £67, where the relevant income does not exceed £10,414; b £35, where that income exceeds £10,414 but does not exceed £11,186. ; e in sub-paragraph (1) of paragraph 24 (amount of school travel grants) for the sums of “£10,148” and “£9,969” substitute “£10,427” and “£10,248” respectively. Brian Wilson Minister of State, Scottish Office St Andrew’s House, Edinburgh 11th June 1998
PENSIONS 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
TOWN AND COUNTRY PLANNING ENGLAND AND WALES 1 This Order may be cited as the Channel Tunnel Rail Link (Qualifying Authorities) Order 1998 and shall come into force on 8th July 1998. 2 The Medway Towns District Council, being a relevant local authority which is not a qualifying authority and in respect of which a change of circumstances since the relevant date has significantly affected the way in which it carries out its functions, shall be a qualifying authority for the purposes of Schedule 6 to the Channel Tunnel Rail Link Act 1996. Signed by authority of the Secretary of State Glenda Jackson Parliamentary Under Secretary of State for the Environment, Transport and the Regions 10th June 1998
PENSIONS Citation and commencement 1 These Regulations may be cited as the Occupational Pension Schemes (Modification of the Pension Schemes Act 1993) Regulations 1998 and shall come into force on 20th July 1998. Modification of section 37(2) of the Pension Schemes Act 1993 2 In connection with the coming into force of paragraph 39 of Schedule 5 to the Pensions Act 1995, with respect to any alteration made prior to 6th April 1997 to the rules of any contracted-out scheme, section 37(2) of the Pension Schemes Act 1993 shall be modified so as to have effect as follows:— 2 Regulations may provide for the validation with retrospective effect in prescribed circumstances of any alteration to the rules of a contracted-out scheme where such alteration was made prior to 6th April 1997 and was void immediately before that date by virtue of subsection (3) of this section as then in force. . Signed by authority of the Secretary of State for Social Security. John Y. Denham Parliamentary Under-Secretary of State, Department of Social Security 16th June 1998
MEDICAL PROFESSION Citation, commencement and interpretation 1 1 These Regulations may be cited as the Human Organ Transplants (Establishment of Relationship) Regulations 1998 and shall come into force on 8th August 1998. 2 In these Regulations— “ the Act ” means the Human Organ Transplants Act 1989; “donor” means the living person from who it is proposed to remove an organ with the intention that it be transplanted into another person and “recipient” means that other person; “genetic tests” means tests based on DNA variations; “tester” means a person who has been approved by the Secretary of State as competent both to specify and to interpret the results of genetic tests. Establishment of genetic relationship 2 1 For the purposes of section 2 of the Act, the means by which the fact of a genetic relationship between the donor and the recipient is to be established are genetic tests, subject to the conditions specified in paragraph (2) of this regulation. 2 The conditions are that a tester shall— a specify the genetic tests to be carried out on the donor and the recipient, and on such relatives of each of them as are available and willing to be tested and whom in the opinion of the tester it is necessary to test, b interpret the results of all such genetic tests as are carried out, and c state in writing whether or not he is satisfied that the claimed genetic relationship between the donor and the recipient is established. Revocation 3 The Human Organ Transplants (Establishment of Relationship) Regulations 1989 are hereby revoked. Signed by authority of the Secretary of State for Health Jay Minister of State, Department of Health 8th June 1998
SOCIAL SECURITY Citation, commencement and application 1 1 This Order may be cited as the Training for Work (Miscellaneous Provisions) (Amendment) Order 1998 and shall come into force on 3rd July 1998. 2 This Order applies, subject to paragraph (4), with effect from the date of its coming into force,— a in the case of any person who was a Training for Work Participant at any time prior to the date of coming into force of this Order and whose participation under those arrangements, whether known as Training for Work or work based training for adults, continues, or, as the case may be, continued after that date; b in the case of any person who was a participant in work based training for adults at any time prior to the date of coming into force of this Order and whose participation under those arrangements, continues, or, as the case may be, continued after that date; and c in the case of any other person who, on or after the date of the coming into force of this Order became or becomes a participant in work based training for adults. 3 For the purposes of paragraph (2) a person is, or, as the case may be, was a participant in work based training for adults if he is, or, as the case may be, was using facilities provided in pursuance of the arrangements known by that name. 4 Nothing in this Order shall affect the treatment provided for by the principal Order of any payment in respect of any period before the coming into force of this Order. Amendment of the principal Order 2 1 Where this Order applies, the principal Order shall have effect subject to the amendments provided for in this Article. 2 For the words “Training for Work”, wherever they appear, except in the case of reference to the title of the principal Order or of the 1993 Order, there shall be substituted the words “work based training for adults”. 3 The Schedule to this Order shall be substituted for the Schedule to the principal Order. Signed by order of the Secretary of State. Andrew Smith Minister of State, Department for Education and Employment 9th June 1998