text:
PART I
PRELIMINARY
Citation and commencement
1
These Rules may be cited as the Naval Custody Rules 2000 and shall come into force on 2nd October 2000.
Interpretation
2
1
In these Rules —
“the accused” means —
in relation to proceedings under section 47G(1) of the Act , the person who is required to be brought before a judicial officer under section 47G(1) of the Act;
in relation to proceedings on a review under section 47H(1) of the Act, the person to whom the review relates;
“the Act” means the Naval Discipline Act 1957;
“application” means the application by the commanding officer to the judicial officer for an extension of custody without charge under section 47D of the Act;
“the commanding officer” means —
in relation to proceedings on an application under section 47D of the Act —
the commanding officer of the person to whom the application relates or,
where the functions of the commanding officer under that section in relation to the application have been delegated to another officer in accordance with regulations made under section 47F of the Act, that officer; and
subject to paragraph (2), in relation to proceedings under section 47G(1) of the Act or proceedings on a review under section 47H(1) of the Act, the accused’s commanding officer;
“custody” means naval custody;
“hearing” means, as the case may be —
a hearing of an application under section 47D of the Act;
a hearing under section 47G(1) of the Act; or
a hearing before a judicial officer conducting a review under section 47H(1) of the Act;
“the relevant court administration officer” means —
the court administration officer; or
where the court administration officer has for the time being directed an assistant court administration officer to carry out the functions conferred by these Rules on the relevant court administration officer, that officer;
“the relevant time” means —
in relation to a person arrested under section 45 of the Act or arrested by a constable, the time of the arrest; and
in relation to a person delivered into custody following surrender under section 108 of the Act or paragraph 6 of Schedule 2 to the Reserve Forces Act 1996 , the time of the surrender; and
“a review” means a review conducted by the judicial officer under section 47H(1) of the Act.
2
In Parts III, IV and V of these Rules, any reference to the commanding officer in relation to —
a
proceedings under section 47G(1) of the Act;
b
proceedings on a review under section 47H(1) of the Act,
shall include a reference to any person under his command who has his authority to exercise his functions under these Rules with respect to those proceedings.
3
Subject to paragraphs (4) and (5), “the judicial officer” means, in relation to the exercise of any function conferred by these Rules in any proceedings, the judicial officer for the time being specified by or on behalf of the Chief Naval Judge Advocate to exercise that function in those proceedings.
4
In relation to a review conducted at any time after the commencement of the trial of the accused by court-martial and before the announcement of the court-martial’s finding on the charge or every charge against the accused, references to the judicial officer in these Rules shall have effect as references to the judge advocate.
5
Where —
a
the commanding officer orders a person’s arrest under section 47L(1) of the Act; and
b
at the time the arrest is made the person is already before a judicial officer,
the judicial officer shall immediately carry out the review required by section 47L(7)(b) of the Act; and any reference in these Rules to the judicial officer in relation to such a hearing shall be construed accordingly.
Service of documents
3
1
Subject to paragraph (4) and rule 21(2), any notice or other document required by these Rules to be served on a person may be served on that person by —
a
delivering it to him;
b
leaving it at his proper address;
c
sending it by post to his proper address; or
d
transmitting it to him by FAX or other means of electronic data transmission in accordance with rule 4.
2
For the purposes of this rule and rule 4, reference to a person’s proper address shall be to such address determined in accordance with Schedule 1.
3
Paragraph (4) applies to the service of any notice or other document on the person to whom the proceedings relate, where that person has appointed a legal adviser to act in connection with the conduct of those proceedings and —
a
notice has been served in accordance with rule 19(5); and
b
no notice of the revocation of that appointment has been served in accordance with rule 19(6).
4
Where this paragraph applies any notice or other document shall be served on the person to whom the proceedings relate by —
a
delivering it to his legal adviser;
b
leaving it at the address notified under rule 19(5);
c
sending it by post to his legal adviser to the address notified under rule 19(5); or
d
transmitting it to his legal adviser by FAX or other means of electronic data transmission in accordance with rule 4.
5
Paragraph (6) applies to the service of any notice or other document on the person to whom the proceedings relate in any case not falling within paragraph (3).
6
Where this paragraph applies and without prejudice to paragraph (1), any notice or other document may be served on the person to whom the proceedings relate by —
a
delivering it to the commanding officer;
b
leaving it at the commanding officer’s proper address;
c
sending it by post to the commanding officer at his proper address; or
d
transmitting it to the commanding officer by FAX or other means of electronic data transmission in accordance with rule 4.
7
In these Rules, “FAX” means the making of a facsimile copy of a document by the transmission of electronic signals.
Service by FAX or other means of electronic data transmission
4
1
A document may be transmitted by FAX to a person if it is transmitted —
a
where the person is the legal adviser of the person to whom the proceedings relate, to the FAX number of any FAX machine at the address notified in accordance with rule 19(5); and
b
in any other case, to the FAX number of any FAX machine at his proper address.
2
Paragraph (1) shall not apply if the person concerned has indicated in writing that he is not willing to regard a document as having been duly served on him if it is transmitted to a specified FAX number falling within that paragraph.
3
In paragraph (1), the reference to a FAX machine is to any machine which is capable of receiving documents transmitted by FAX.
4
A document may be transmitted by FAX where the person to be served has indicated in writing to the person serving the document that he is willing to regard a document as having been duly served on him if it is transmitted to a specified FAX number and the document is transmitted to that number.
5
Paragraph (4) shall apply with appropriate modification to a transmission of electronic data other than by FAX as it applies to a transmission by FAX.
6
In paragraph (4), the reference to the person to be served is —
a
in a case falling within rule 3(4)(d), a reference to the legal adviser appointed by the person to whom the proceedings relate; and
b
in a case falling within rule 3(6)(d), a reference to the commanding officer.
7
Where a document is transmitted by FAX in accordance with this rule, the person to whom the document is addressed shall be specified in the FAX.
Substituted service
5
1
Where, in any case not falling within rule 3(3) —
a
a notice or other document is required under these Rules to be served by the person to whom the proceedings relate on a person other than the commanding officer; and
b
the person to whom the proceedings relate is in naval custody,
the requirement shall be satisfied by serving the notice or other document on the commanding officer together with a written request that he serve it on the person on whom under these Rules the document is required to be served.
2
Where a notice or other document is served on the commanding officer in accordance with paragraph (1), he shall serve that document on the person specified in the written request.
Appointment of court administration officer
6
1
There shall be a court administration officer, who shall be a person appointed by the Defence Council for the purpose of discharging such administrative functions as shall be provided under these Rules.
2
The Defence Council may appoint persons to be assistant court administration officers for the purposes of discharging the functions of the relevant court administration officer when so directed by the court administration officer.
Appointment of court officials
7
The relevant court administration officer may at any time appoint a person or persons to act as —
a
court recorder;
b
interpreter,
at a hearing.
PART II
NOTIFICATIONS
Notification of application for an extension of custody without charge
8
1
Where the commanding officer proposes to make an application he, or someone acting on his behalf, shall —
a
notify the relevant court administration officer of that fact and the necessary information; and
b
inform the person to whom the application relates in writing of that fact and of the information specified under paragraph (2)(f), (g) and (h) and, if the person to whom the application relates has not appointed a legal adviser, of the entitlement to legal representation at the hearing of the application.
2
The necessary information to be notified under paragraph (1)(a) is —
a
the name, rank, appointment and location of the commanding officer;
b
the name, date of birth and location of the person to whom the application relates and, where applicable, his rank or rate, service number and ship or unit;
c
the name and address of the legal adviser appointed by the person to whom the application relates, if known;
d
the nature of the offence for which the person to whom the application relates has been arrested;
e
the relevant time;
f
the general nature of the evidence on which the person to whom the application relates was arrested;
g
what inquiries relating to the offence have been made and what further inquiries are proposed; and
h
the commanding officer’s reasons for believing the continued keeping of the person to whom the application relates in custody is justified.
Notification that accused is being kept in custody after charge
9
1
Subject to rule 10, where the accused is kept in custody after being charged, the commanding officer, or someone acting on his behalf, shall as soon as practicable —
a
notify the relevant court administration officer of that fact and the necessary information; and
b
inform the accused in writing that he is to be brought before a judicial officer as soon as practicable and of the information specified under paragraph (2)(f).
2
The necessary information to be notified under paragraph (1)(a) is —
a
the name, rank, appointment and location of the commanding officer;
b
the name, date of birth and location of the accused and, where applicable, his rank or rate, service number and ship or unit;
c
the name and address of the accused’s legal adviser, if known;
d
the charge;
e
the date and time that the accused was charged; and
f
the commanding officer’s reasons for believing that the continued keeping of the accused in custody is justified.
3
For the purposes of paragraph (1), a person is to be treated as charged with an offence if he is to be so treated by virtue of section 47A(4) of the Act.
Notification that accused has been arrested and taken into custody
10
1
Subject to paragraph (3), where the accused is arrested under subsection (1) or subsection (3) of section 47L of the Act and taken into custody, the commanding officer, or someone acting on his behalf, shall as soon as practicable —
a
notify the relevant court administration officer of that fact and the necessary information; and
b
inform the accused in writing that he shall be brought before a judicial officer as soon as practicable and, if the accused has been arrested under section 47L(1) of the Act, the information specified under paragraph (2)(f).
2
The necessary information to be notified under paragraph (1)(a) is:
a
the name, rank, appointment and location of the commanding officer;
b
the name, date of birth and location of the accused and, where applicable, his rank or rate, service number and ship or unit;
c
the name and address of the accused’s legal adviser, if known;
d
the charge;
e
the date and time that the accused was arrested pursuant to the order or direction; and
f
if the arrest is made under section 47L(1) of the Act, the commanding officer’s reasons for believing that the keeping of the accused in custody is justified.
3
Paragraph (1) shall not apply —
a
in relation to an arrest under section 47L(1) of the Act, where the arrest takes place in circumstances falling within rule 2(5);
b
in relation to an arrest under section 47L(3) of the Act, where the accused is already before the judge advocate when the arrest is made.
Request by the commanding officer for a review
11
1
Subject to paragraph (3), a request for a review under section 47H(2)(b) of the Act shall be made by the commanding officer to the relevant court administration officer and be supported by the following information —
a
the name, rank, appointment and location of the commanding officer;
b
the name, date of birth and location of the accused and, where applicable, his rank or rate, service number and ship or unit;
c
the name and address of the accused’s legal adviser, if known;
d
the charge;
e
the date on which the extant order under section 47G(2) was made and the period of custody authorised by it;
f
the circumstances which have caused the commanding officer to consider that the grounds on which that order was made have ceased to exist; and
g
if it appears to the commanding officer that requirements should be imposed by the judicial officer under section 47K(2)(b) of the Act, the suggested requirements.
2
Where a request is made under paragraph (1), the commanding officer, or someone acting on his behalf, shall inform the accused of that fact in writing and of the information specified under paragraph (1)(f) and (g).
3
Where the commanding officer requests a review under section 47H(2)(b) of the Act after the commencement of the accused’s trial by court-martial and on a day when that court-martial is sitting, the request shall be made to the judge advocate.
Written notification
12
Where —
a
a notification required to be given to the relevant court administration officer under paragraph (1)(a) of rule 8, 9 or 10 is given orally; or
b
a request under rule 11(1) is made orally,
the commanding officer shall ensure that a notice containing the information so notified or given in support of the request is served on the court administration officer as soon as practicable thereafter.
PART III
REVIEWS
Review dates
13
1
Where the judicial officer makes an order under section 47G(2) of the Act, he shall determine the date on which that order is to be reviewed and specify that date in the record of the order.
2
The judicial officer may decide to carry out the review on a different date where —
a
a request for a review is made under section 47H(2)(b) of the Act and he considers that it is reasonably practicable for the review to take place before the date determined under paragraph (1); or
b
it is not practicable or in the interests of justice for the review to take place on the date determined under paragraph (1),
in which case the relevant court administration officer shall notify the commanding officer and the accused of the different date.
Requirement for a hearing
14
1
A review shall be carried out at a hearing if —
a
it is the first review under section 47H(1) of the Act in relation to the accused;
b
it has been requested under section 47H(2)(b) of the Act;
c
it is a review carried out at any time after the commencement of the accused’s trial by court-martial and before the announcement of the court-martial’s finding on the charge or every charge against the accused, other than during an adjournment;
2
In any other case, a review shall be carried out at a hearing unless —
a
the judicial officer is satisfied on the basis of the representations made by the commanding officer under rule 15 that the grounds on which the order made under section 47G(2) of the Act continue to exist;
b
the accused has not made representations under rule 15 or, where such representations have been made, they do not contain any arguments as to fact or law which have not been heard previously; and
c
the judicial officer is satisfied that there is no other reason for carrying out the review at a hearing.
3
The judicial officer shall not on a review impose any requirements under section 47K(2)(b) of the Act unless the review is carried out at a hearing.
Written representations
15
1
This rule applies to any review other than a review to which rule 14(1) applies.
2
The commanding officer and the accused may make written representations with respect to —
a
the need for a hearing for the purposes of carrying out a review;
b
whether or not the judicial officer should on a review make an order under section 47G(2) of the Act authorising the keeping of the accused in custody.
3
Any written representations made under paragraph (2) shall be served on the court administration officer and a copy shall be served on the commanding officer or, as the case may be, the accused.
Notification of hearing for the purposes of carrying out a review
16
1
Where a hearing is required for the purposes of carrying out a review, the relevant court administration officer shall, after consultation with the Chief Naval Judge Advocate or a person acting on his behalf, determine the time and place of the hearing.
2
The relevant court administration officer shall ensure that the hearing of a review takes place on the date determined by the judicial officer in accordance with rule 13.
3
The relevant court administration officer shall notify the commanding officer and the accused of the time and place of the hearing.
Decisions on reviews carried out without a hearing
17
1
This rule applies in any case where the judicial officer carries out a review without a hearing.
2
Where the judicial officer decides not to authorise the keeping of the accused in custody he shall —
a
notify the relevant court administration officer of that fact as soon as practicable; and
b
record his decision in the form set out in Schedule 2 to these Rules, which form shall be served by the relevant court administration officer on the commanding officer and the accused.
3
Where the relevant court administration officer is notified under paragraph (2)(a), he shall notify the commanding officer and the accused as soon as practicable of the judicial officer’s decision.
4
Where the judicial officer makes an order under section 47G(2) of the Act, this shall be recorded in the form set out in Schedule 2 to these Rules, which form shall be served by the relevant court administration officer on the commanding officer and the accused.
PART IV
GENERAL MATTERS
Arranging a hearing
18
1
Where the relevant court administration officer receives notification under paragraph (1)(a) of rule 8, 9 or 10 he shall, after consultation with the Chief Naval Judge Advocate or a person acting on his behalf, determine the time and place of any hearing.
2
The relevant court administration officer shall notify the commanding officer and the person to whom the proceedings relate of the time and place of the hearing.
3
If, having notified a person in accordance with paragraph (2), the relevant court administration officer changes the time or place of the hearing, he shall notify that person of the change.
4
The relevant court administration officer shall arrange for the attendance at a hearing of a court recorder if the judicial officer so requests.
5
The relevant court administration officer shall arrange for the attendance at a hearing of an interpreter if the judicial officer, the commanding officer or the person to whom the proceedings relate so requests.
Legal representation
19
1
Subject to rule 20, the person to whom the proceedings relate and the commanding officer shall each have the right to be legally represented at a hearing.
2
Subject to rule 20, the person to whom the proceedings relate may appoint a person (referred to in these Rules as his “legal adviser”) to act for him in connection with the conduct of any proceedings to which these Rules relate.
3
The commanding officer shall ensure that the person to whom the proceedings relate is afforded reasonable opportunity of communicating with his legal adviser for the purposes of preparing for the proceedings in connection with which the legal adviser has been appointed.
4
Without prejudice to paragraph (1), where paragraph (5) applies, any right conferred or duty imposed by these Rules on the person to whom the proceedings relate may be exercised or, as the case may be, performed by his legal adviser on his behalf.
5
This paragraph applies where a legal adviser appointed under this rule serves notice on the court administration officer specifying —
a
his name and address;
b
the name of the person in respect of whom he is acting and, where applicable, that person’s rank or rate, service number and ship or unit; and
c
the proceedings in connection with which he has been appointed.
6
Where the person to whom the proceedings relate revokes his legal adviser’s appointment, he shall as soon as reasonably practicable serve notice on the court administration officer and the commanding officer of that fact.
Qualifications to be held by legal representatives
20
1
A person may only —
a
represent the commanding officer or, as the case may be, the person to whom the proceedings relate, at a hearing;
b
be appointed under rule 19(2) as a legal adviser,
if he is appropriately qualified.
2
For the purposes of paragraph (1), a person is appropriately qualified if —
a
he is a person who has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 ;
b
he is an advocate or a solicitor in Scotland;
c
he is a member of the Bar of Northern Ireland or a solicitor of the Supreme Court of Northern Ireland;
d
he is a person who has in any Commonwealth country or any colony rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules.
Witness summons
21
1
Schedule 3 shall have effect with respect to summoning persons —
a
to give evidence, or
b
to produce any document or thing,
for the purposes of any proceedings to which these Rules apply.
2
A witness summons issued in accordance with Schedule 3 shall be served on the witness —
a
by delivering it to him;
b
by leaving it for him with a person at his usual place of abode;
c
by post in a letter addressed to him at his last known or usual place of abode;
d
where the witness is subject to military law, air force law or the Act, by serving it on his commanding officer.
3
Where a witness summons is served on a person’s commanding officer under paragraph (2)(d), he shall serve the witness summons on that person.
Evidence through a live TV link
22
1
A witness may, with the permission of the judicial officer, give evidence at a hearing through a live television link or other similar arrangements if it is not reasonably practicable for that person to attend the hearing.
2
An application for permission under paragraph (1) shall be made by the person wishing to call the witness as soon as he believes that —
a
a person is likely to be able to give evidence likely to be material evidence; and
b
that it is not reasonably practicable for that person to attend the hearing.
3
The application shall be served on the court administration officer and shall state —
a
the grounds of the application;
b
the name and, where applicable, the service number, rank or rate, and ship or unit of the witness;
c
where the witness is under the age of 18 years, the date of birth of the witness;
d
the country and place where it is proposed the witness will be when giving evidence; and
e
the name, occupation and relationship to the witness of any person proposed to accompany the witness and the grounds for believing that person should accompany the witness when giving evidence.
4
A copy of the application shall be served on the commanding officer or, as the case may be, the person to whom the proceedings relate.
5
The judicial officer shall not determine the application without giving the person served under paragraph (4) an opportunity to make representations about the application.
6
Where the application is determined prior to the hearing in which the evidence is to be given, the relevant court administration officer shall notify the commanding officer and the person to whom the proceedings relate of the decision of the judicial officer in relation to the application and, where permission is granted, the notification shall state any conditions specified by the judicial officer in accordance with paragraph (7).
7
The judicial officer may make the grant of permission subject to such conditions as he considers necessary with respect to the manner in which the evidence is to be given, including —
a
specifying the place where the witness is to give evidence; and
b
specifying the persons in whose presence the witness is to give evidence.
8
This rule is without prejudice to the rights of the commanding officer and the person to whom the proceedings relate to give evidence through a live link or other similar arrangements by virtue of rules 23(4) and 24.
PART V
HEARINGS
Procedure at the hearing
23
1
The judicial officer shall not be bound at a hearing by any enactment or rule of law relating to the admissibility of evidence in proceedings before courts of law.
2
The commanding officer and the person to whom the proceedings relate shall each be heard in such order as the judicial officer shall determine and, in exercising his powers under this paragraph, the judicial officer shall adopt such course as appears to him will best serve the interests of justice.
3
The judicial officer shall explain the order of the proceedings which he proposes to adopt at the beginning of the hearing.
4
Subject to section 47H(6) of the Act, the commanding officer and the person to whom the proceedings relate shall each be entitled to —
a
give evidence on oath and call witnesses;
b
produce to the judicial officer any document or written report; and
c
address the judicial officer at least once;
on any matter relevant to the proceedings.
5
The judicial officer shall make a record of the hearing, unless a court recorder is in attendance.
Presence at hearing by live TV link
24
1
A person mentioned in paragraph (2) shall be treated as being present at a hearing if, whether by means of a live television link or similar arrangements, he is able to see and hear and to be seen and heard by the judicial officer, any witness giving evidence and all other persons mentioned in that paragraph.
2
The persons are —
a
the person to whom the proceedings relate;
b
the commanding officer;
c
where the commanding officer or, as the case may be, the person to whom the proceedings relate is legally represented, any such legal representative;
d
any person appointed under rule 7 to act as an interpreter for the purposes of the hearing.
Adjournments
25
Where a person to whom the application relates is not legally represented at a hearing of an application under 47D of the Act, the judicial officer shall explain —
a
the right of the person to whom the application relates to be legally represented;
b
the right to an adjournment if he wishes to be so represented; and
c
the effect of such an adjournment.
Presence of witnesses
26
Except where the person is the commanding officer or the person to whom the proceedings relate or is present to give expert evidence or evidence as to a person’s character, a person who is called to give evidence shall not, except with the consent of the judicial officer, be present at a hearing while not under examination.
Oaths and affirmations
27
1
An oath shall be administered at the start of the hearing to any person appointed to act as an interpreter and, before oral evidence is given, to any witness who has attained the age of 14 years.
2
If —
a
a person required by virtue of this rule to take an oath objects to being sworn; or
b
it is not reasonably practicable to administer an oath to such a person as aforesaid in the manner appropriate to his religious belief,
he shall be permitted to make a solemn affirmation instead of taking an oath.
3
A person who may be permitted under this rule to make his solemn affirmation may also be required to do so, and for the purposes of this rule “reasonably practicable” means reasonably practicable without inconvenience or delay.
4
An oath or affirmation shall be administered in the form and manner set out in Schedule 4 to these Rules by the judicial officer, or where the judical officer so directs, by any other person acting on his behalf.
Privileges and immunities
28
A witness at a hearing or any other person whose duty it is to attend on or before the judicial officer at the hearing shall be entitled to the same immunities and privileges as a witness before the High Court in England and Wales.
Decision of the judicial officer
29
1
The judicial officer shall announce his decision and the reasons for it at the end of any hearing and record that decision in the form set out in Schedule 2 to these Rules.
2
The relevant court administration officer shall serve copies of that form on the commanding officer and the person to whom the proceedings relate.
Symons of Vernham Dean
Minister of State, Ministry of Defence
4th September 2000


type: legislation

jurisdiction: UK

text:
Title, commencement and extent
1
These Regulations may be cited as the Specified Risk Material (Amendment) (England) Regulations 2000; they extend to England only and come into force on 1st October 2000.
Amendments to the Specified Risk Material Regulations 1997
2
1
In so far as they extend to England, the Specified Risk Material Regulations 1997 are amended in accordance with the following paragraphs of this regulation.
2
In paragraph (1) of regulation 2 (interpretation) the definitions of “class I specified risk material”, “class II specified risk material” and “intestines” are revoked.
3
In paragraph (1) of regulation 2 the following definition is substituted for the definition of “specified risk material” —
“specified risk material” means —
specified bovine material;
specified sheep or goat material;
any part of the animal remaining attached to specified bovine material or specified sheep or goat material after dissection of the carcase;
any animal material which comes into contact with specified bovine material or specified sheep or goat material after it has been removed from the carcase; and
specified solid waste;
.
4
In paragraph (1) of regulation 3 (specified sheep or goat material) the phrase “class 1” is revoked.
5
Paragraph (2) of regulation 3 is revoked.
6
In paragraph (3) of regulation 3 —
a
the phrase “class II” is revoked; and
b
the words “or incinerated” are inserted between “rendered” and “whole”.
7
The following paragraph is substituted for paragraphs (1) and (2) of regulation 4 (specified bovine material) —
1
In these Regulations, “specified bovine material” means —
a
the following material derived from a bovine animal which was slaughtered or has died in the United Kingdom or Portugal at an age greater than 6 months —
i
the head (excluding the tongue but including the brains, eyes, trigeminal ganglia and tonsils),
ii
the thymus,
iii
the spleen,
iv
the intestines from the duodenum to the rectum, and
v
the spinal cord;
b
in relation to a bovine animal which was slaughtered or has died in the United Kingdom or Portugal at an age greater than 30 months (other than a bovine animal which was accompanied at the time of slaughter by a slaughter certificate issued under the Beef Assurance Scheme as described in Schedule 1 to the Fresh Meat (Beef Controls) ( No. 2) Regulations 1996 ), the vertebral column (including dorsal goot ganglia); and
c
the following material derived from a bovine animal which was slaughtered or has died outside the United Kingdom or Portugal (other than in Australia or New Zealand) at an age greater than 12 months —
i
the skull (including the brains and eyes),
ii
the tonsils,
iii
the spinal cord, and
iv
the ileum.
.
8
The following paragraph is substituted for paragraph (3) of regulation 4 —
3
Whole carcases of bovine animals are specified bovine material if they are removed to be rendered or incinerated whole from the place where they were slaughtered or died.
.
9
The following paragraph is added to regulation 4 —
4
In paragraph (1) above, the reference to Portugal does not include a reference to the Autonomous Region of the Azores.
.
10
Regulation 12 (rendering whole carcases) is revoked.
11
In regulation 14 (prohibition on the removal of brains and eyes) —
a
the words “which was slaughtered or has died at an age greater than” are substituted for the words “aged over”; and
b
the words “which at the time it was slaughtered or died either had one or more permanent incisor teeth erupted through the gum or was aged more than 12 months” are substituted for the words “(of any age at death)”.
12
In paragraph (9)(b)(ii) of regulation 24 (approved rendering plants) the words “the specified risk material referred to in paragraph (17) below” are substituted for the phrase “class II specified risk material”.
13
The following paragraph is added to regulation 24 —
17
The specified risk material is —
a
the head of a bovine animal which was slaughtered or has died in the United Kingdom at an age greater than 6 months except —
i
the skull (including the brains and eyes), and
ii
the tongue; and
b
the material referred to in paragraphs (c) and (d) of the definition of that phrase.
.
Signed by authority of the Secretary of State for Health
Gisela Stuart
Parliamentary Under-Secretary of State,
Department of Health
28th September 2000


text:
Citation and commencement
1
This Order may be cited as the Social Security (Contributions) (Japan) Order 2000 and shall come into force on the date on which the Parties exchange diplomatic notes informing each other that their respective constitutional requirements have been complied with.
Modification of the Social Security Administration Act 1992 and the Social Security Contributions and Benefits Act 1992
2
The Social Security Administration Act 1992 and the Social Security Contributions and Benefits Act 1992 shall be modified to such extent as may be required to give effect to the provisions contained in the Agreement so far as the same relate to England, Wales and Scotland.
A. K. Galloway
Clerk of the Privy Council


text:
1
1
This Order may be cited as the A458 Trunk Road (Shelton traffic lights to Churncote Roundabout) (Detrunking) Order 2000 and shall come into force on 5th June 2000.
2
In this Order all measurements of distance are measured along the route of the relevant highway.
2
In this Order —
i
“the plan” means the plan marked “The A458 Trunk Road (Shelton traffic lights to Churncote Roundabout) (Detrunking) Order 2000, signed by authority of the Secretary of State for the Environment, Transport and the Regions and deposited at the Department of the Environment, Transport and the Regions, Zone 2/C8, Ashdown House, Victoria Street, London SW1P 6DE.”
ii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iii
“the trunk road” means the A458 Trunk Road.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Order comes into force.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Kevin Lasbury
Divisional Director, Project Services, The Highways Agency
3rd May 2000


text:
Citation and commencement
1
This Order may be cited as the Greater London Authority Act 1999 (Transitional Capital Finance Provisions) Order 2000 and shall come into force on 24th April 2000.
Transitional Provisions
2
1
In relation to the financial year beginning in 2000, sections 113 and 115 of the Greater London Authority Act 1999 shall be modified in accordance with this article.
2
In section 113 —
a
in subsection (1), for “the beginning of each financial year” substitute “3rd July 2000” and for “that year” substitute “the part of the financial year beginning on 3rd July 2000 and ending with 31st March 2001”; and
b
in subsection (5) —
i
in paragraph (a) for “financial year” substitute “part of the financial year beginning on 3rd July 2000 and ending with 31st March 2001”; and
ii
in each of paragraphs (b), (c) and (d), insert “part of the” before “year”.
3
In section 115 —
a
in subsection (1), for “to each of the functional bodies” substitute “(which shall include the amount allocated and the purposes for which the amount is allocated) to each of the functional bodies, the Assembly and the Secretary of State”; and
b
omit subsection (2) and, in subsection (3), “or (2)”.
Signed by authority of the Secretary of State for the Environment Transport and the Regions
Keith Hill
Parliamentary Under-Secretary of State
Department of the Environment, Transport and the Regions
24th March 2000


text:
1
This Order may be cited as the Rail Vehicle Accessibility (Anglia Railways Class 170/2 Vehicles) Exemption Order 2000 and shall come into force on 28th July 2000.
2
Any reference in this Order to a numbered regulation is a reference to a regulation bearing that number in the Rail Vehicle Accessibility Regulations 1998 .
3
This Order applies to the rail vehicles which are numbered 50201 to 50208, 56201 to 56208 and 79201 to 79208 and which form the diesel multiple-units numbered 170201 to 170208 of the class known as “class 170/2” (“the exempted vehicles”) as manufactured by ABB Daimler Benz Transportation ( UK ) Limited for use by Anglia Railways Train Services Ltd.
4
1
Subject to articles 5, 6 and 7 below, the exempted vehicles are hereby authorised to be used for carriage even though they do not conform with those provisions of the Rail Vehicle Accessibility Regulations 1998 referred to in paragraph (2) below.
2
The provisions with which the exempted vehicles are not required to conform are —
a
regulation 4(3)(b);
b
regulation 5, in so far as it relates to control devices which are not operated by the application of pressure and which do not control doors which are in the side of an exempted vehicle; and
c
regulation 5(1)(a), in so far as it relates to control devices in the side of an exempted vehicle.
5
In relation to a control device fitted to a door between a passenger saloon and a vestibule adjoining a doorway in the side of a vehicle, the exemption given by article 4(2)(b) above shall only apply while instructions for the operation of the door in question are displayed on a sign —
a
placed on or near that door and on the same side of the door as the control device in question; and
b
on which the letters, numbers or diagrams which constitute the instructions contrast with their background and are identifiable by touch.
6
1
The exemption given by article 4(2)(a) in respect of regulation 4(3)(b) shall cease at the end of 31st December 2000.
2
The exemption given by article 4(2)(b) in respect of regulation 5 shall cease —
a
at the end of 31st December 2001 in relation to control devices fitted to doors between the vestibule adjoining a doorway in the side of a vehicle and a passenger saloon; and
b
at the end of 31st December 2011 in relation to control devices fitted to doors in the ends of the exempted vehicles.
3
The exemption given by article 4(2)(c) above in respect of regulation 5(1)(a) shall cease —
a
at the end of 31st December 2010; or
b
in respect of an exempted vehicle in which all the door control devices for the doors in the sides of the exempted vehicle and the control systems for those doorways are replaced before that date, when such replacement is completed.
7
The authorisation shall cease forthwith in respect of an exempted vehicle which is operated by a person other than Anglia Railways Train Services Ltd unless the Secretary of State has been given written notice in advance specifying the name and address of that other person.
8
The Rail Vehicle Accessibility (Anglia Railways Class 170/2 Vehicles) Exemption Order 1999 is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
5th July 2000


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Housing Renewal Grants (Amendment) (England) Regulations 2000 and shall come into force on 3rd April 2000.
2
These Regulations extend to England only.
Amendments
2
The Housing Renewal Grants Regulations 1996 are amended in accordance with the following regulations.
Regulation 2
3
In regulation 2(1) (interpretation) , after “social fund payment”, insert–
“sports award” means an award made by one of the Sports Councils named in section 23(2) of the National Lottery etc. Act 1993 out of sums allocated to it for distribution under that section;
.
Regulation 3
4
In regulation 3 (persons from abroad), after “or any of the applicants ”, insert “or any person who is not an applicant but is entitled to make an application and lives or intends to live in the dwelling or, as the case may be, a flat in the building,”.
Regulation 4A
5
After regulation 4, add–
Requirement to produce national insurance number
4A
Where an application for a grant has been made, a local housing authority shall require any person, who is a relevant person in respect of that application within the meaning of regulation 5 below, to provide:
a
a statement of the relevant person’s national insurance number and information or evidence establishing that that number has been allocated to that person; or
b
information or evidence enabling the national insurance number which has been allocated to that person to be ascertained; or
c
information or evidence that the relevant person has applied for a national insurance number to be allocated to him and has included with that application sufficient information or evidence to enable the number to be allocated.
.
Regulation 7
6
In regulation 7 (remunerative work) , after paragraph (7), add–
8
A person shall not be treated as engaged in remunerative work on any day on which that person is engaged in an activity in respect of which–
a
a sports award has been made, or is to be made, to him; and
b
no other payment is made or is expected to be made to him.
.
Regulation 10
7
In regulation 10 (the applicable amount) , delete paragraph (1)(b).
Regulation 12
8
In regulation 12 (reduction in amount of grant) –
a
in paragraph (1)(a), for “18.75” substitute “18.10”;
b
in paragraph (1)(b), for “37.50” substitute “36.20”;
c
in paragraph (1)(c), for “150.02” substitute “144.82”;
d
in paragraph (1)(d), for “375.04” substitute “362.04”;
e
in paragraph (2)(a), for “10.87” substitute “10.65”;
f
in paragraph (2)(b), for “21.74” substitute “21.29”;
g
in paragraph (2)(c), for “86.95” substitute “85.18”;
h
in paragraph (2)(d), for “217.37” substitute “212.95”;
Regulation 14
9
At the end of regulation 14 (applicable amounts) add–
e
the amount of the housing allowance which applies in accordance with Part V of Schedule 1 (housing allowances).
.
Regulation 15
10
At the end of regulation 15 (polygamous marriages), add–
f
the amount of the housing allowance which applies in accordance with Part V of Schedule 1 (housing allowances).
.
Regulation 18
11
In paragraph (1A) of regulation 18 (determination of income on a weekly basis) –
a
in sub-paragraph (a) for “£60” substitute “£70”; and
b
in sub-paragraph (b) for “£100” substitute “£105”.
Regulation 24
12
1
At the end of paragraph (1) of regulation 24 (earnings of employed earners), add–
k
the amount of any payment by way of a non-cash voucher which has been taken into account in the computation of a person’s earnings in accordance with regulation 18(22) to (25) of the Social Security (Contributions) Regulations 1979 ;
l
any amount, where a relevant person qualifies for the national minimum wage under section 1 of the National Minimum Wage Act 1998 , which under section 17 of that Act that person shall be taken to be entitled to be paid under his contract as additional remuneration in respect of any pay reference period falling within the 52 weeks immediately preceding the application.
.
2
At the beginning of paragraph (2)(a), insert “Subject to paragraph (3), ”.
3
After paragraph (2), add:–
3
Paragraph (2)(a) shall not apply in respect of any non-cash voucher referred to in paragraph (1)(k).
4
In this regulation, “any pay reference period” means the period prescribed by the Secretary of State in regulations made under section 1(4) of the National Minimum Wage Act 1998.
.
Regulation 26
13
After “in the relevant person’s care)” in paragraph (b) of regulation 26 (earnings of self-employed earners) insert “and also shall not include any sports award”.
Regulation 31
14
1
In regulation 31(9) (notional income) –
a
insert immediately before sub-paragraph (a)–
za
to a third party in respect of a single relevant person or a member of his family (but not a member of the third party’s family) shall, where that payment is a payment of an occupational pension or is a pension or other periodical payment made under a personal pension scheme, be treated as possessed by that single relevant person or, as the case may be, by that member;
;
b
in sub-paragraph (a), after “shall” insert “, where it is not a payment referred to in sub-paragraph (za),”.
2
In regulation 31(9A) after sub-paragraph (c), add–
d
made under an occupational pension scheme or in respect of a pension or other periodical payment made under a personal pension scheme where–
i
a bankruptcy order has been made in respect of the person in respect of whom the payment has been made or, in Scotland, the estate of that person is subject to sequestration or a judicial factor has been appointed on that person’s estate under section 41 of the Solicitors (Scotland) Act 1980 ;
ii
the payment is made to the trustee in bankruptcy or any other person acting on behalf of the creditors; and
iii
the person referred to in (i) and any member of his family does not possess, or is not treated as possessing, any other income apart from that payment.
.
Regulation 38
15
1
In regulation 38(3) (notional capital) –
a
insert immediately before sub-paragraph (a)–
za
if made to a third party in respect of a single relevant person or a member of his family (but not a member of the third party’s family) shall, where that payment is a payment of an occupational pension or is a pension or other periodical payment made under a personal pension scheme, be treated as possessed by that single relevant person or, as the case may be, by that member;
;
b
in sub-paragraph (a), after “shall” insert “, where it is not a payment referred to in sub-paragraph (za),”.
2
In regulation 38(3A) after sub-paragraph (b), add–
c
made under an occupational pension scheme or in respect of a pension or other periodical payment made under a personal pension scheme where–
i
a bankruptcy order has been made in respect of the person in respect of whom the payment has been made or, in Scotland, the estate of that person is subject to sequestration or a judicial factor has been appointed on that person’s estate under section 41 of the Solicitors (Scotland) Act 1980 ;
ii
the payment is made to the trustee in bankruptcy or any other person acting on behalf of the creditors; and
iii
the person referred to in (i) and any member of his family does not possess, or is not treated as possessing, any other income apart from that payment.
.
Regulation 41
16
In regulation 41 (interpretation of Part II)–
a
in the definition of “contribution” after “grant ” insert “or student loan”;
b
after the definition of “student” insert–
“student loan” means a loan towards a student’s maintenance pursuant to any regulations made under section 22 of the Teaching and Higher Education Act 1998 , section 73 of the Education (Scotland) Act 1980 or article 3 of the Education (Student Support) (Northern Ireland) Order 1998 ;
;
c
for the definition of “year” substitute–
“year”, in relation to a course, means the period of 12 months beginning on 1st January, 1st April, 1st July or 1st September according to whether the academic year of the course begins in the winter, the spring, the summer or the autumn respectively, but if students are required to begin attending the course during August or September and to continue attending through the autumn the academic year of the course shall be considered to begin in the autumn rather than the summer.
.
Regulation 43
17
In regulation 43 (determination of grant income)–
a
in paragraph (2)(f) omit the words from “or” to the end;
b
for paragraph (3) substitute–
3
Where a student does not have a student loan and is not treated as possessing such a loan, there shall be excluded from the student’s grant income–
a
the sum of £250 in respect of travel costs; and
b
where no amount has been disregarded under sub-paragraph (2)(f), the sum of £303 towards the cost of books and equipment,
whether or not any such costs are incurred.
.
Regulation 45
18
In regulation 45 (other amounts to be disregarded), after “(3)” insert “ or 46(5)”.
Regulation 46
19
In regulation 46 (treatment of student loans)–
a
for paragraph (1) substitute–
1
A student loan shall be treated as income.
;
b
for paragraph (3) substitute the following paragraphs–
3
A student shall be treated as possessing a student loan in respect of an academic year where–
a
a student loan has been made to him in respect of that year; or
b
he could acquire such a loan in respect of that year by taking reasonable steps to do so.
4
Where a student is treated as possessing a student loan under paragraph (3), the amount of the student loan to be taken into account as income shall be, subject to paragraph (5)–
a
in the case of a student to whom a student loan is made in respect of an academic year, a sum equal to–
i
the maximum student loan he is able to acquire in respect of that year by taking reasonable steps to do so; and
ii
any contribution whether or not it has been paid;
b
in the case of a student to whom a student loan is not made in respect of an academic year, the maximum student loan that would be made to the student if–
i
he took all reasonable steps to obtain the maximum student loan he is able to acquire in respect of that year; and
ii
no deduction in that loan was made by virtue of the application of a means test.
5
There shall be deducted from the amount of a student’s loan income–
a
the sum of £250 in respect of travel costs; and
b
where no amount has been disregarded under regulation 43(2)(f), the sum of £303 towards the cost of books and equipment, whether or not any such costs are incurred.
.
Regulation 47
20
In regulation 47 (disregard of contribution), after “grant” insert “ or the student’s loan”.
Regulation 47A
21
In regulation 47A (further disregard of student’s income) , for “grant” substitute “student grant or student loan”.
Schedule 1
22
1
In paragraph 1 of Part I of Schedule 1 (applicable amounts: personal allowances) in the column headed “(2) Amount ”–
a
in sub-paragraph 1(a), for “£40.70” substitute “£41.35 ”;
b
in sub-paragraph 1(b), for “£51.40” substitute “£52.20 ”;
c
in sub-paragraph 2(a), for “£40.70” substitute “£41.35 ”;
d
in sub-paragraph 2(b), for “£51.40” substitute “£52.20 ”;
e
in sub-paragraph 3(a), for “£61.35” substitute “£62.35 ”;
f
in sub-paragraph 3(b), for “£80.65” substitute “£81.95 ”.
2
In paragraph 2 of Part I of Schedule 1, for columns (1) and (2) of the table substitute the following columns–
(1) (2) Child or Young Person Amount
Person in respect of the period–
beginning on that person’s date of birth and ending on the day preceding the first Monday in September following that person’s sixteenth birthday;
a
£26.60
b
beginning on the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s nineteenth birthday.
b
£31.75
.
3
In paragraph 3 of Part II of Schedule 1 (applicable amounts: family premium), for “£13.90” substitute “£14.25” and for “£22.05 ” substitute “£22.20”.
4
In paragraph 18 of Part IV (applicable amounts: amounts of premiums specified in Part III), in the column headed “ Amount ”–
a
in sub-paragraph (1)(a), for “£23.60” substitute “£26.25 ”;
b
in sub-paragraph (1)(b), for “£35.95” substitute “£40.00 ”;
c
in sub-paragraph (2)(a), for “£25.90” substitute “£28.65 ”;
d
in sub-paragraph (2)(b), for “£39.20” substitute “£43.40 ”;
e
in sub-paragraph (3)(a), for “£30.85” substitute “£33.85 ”;
f
in sub-paragraph (3)(b), for “£44.65” substitute “£49.10 ”;
g
in sub-paragraph (4)(a), for “£21.90” substitute “£22.25 ”;
h
in sub-paragraph (4)(b), for “£31.25” substitute “£31.75 ”;
i
in sub-paragraph (5)(a), for “£39.75” substitute “£40.20 ”;
j
in sub-paragraph (5)(b)(i), for “£39.75” substitute “£40.20 ”;
k
in sub-paragraph (5)(b)(ii), for “£79.50” substitute “£80.40 ”;
l
in sub-paragraph (6), for “£21.90” substitute “£22.25 ”; and
m
in sub-paragraph (7), for “£13.95” substitute “£14.15 ”.
5
After Part IV, add–
PART V
HOUSING ALLOWANCES
19
1
Except where sub-paragraph (2) applies, the amount of the housing allowance for the purposes of regulations 14(e) and 15(f) is £50.
2
This paragraph applies where the application is for a disabled facilities grant to carry out works for the benefit of a disabled child or young person, and in this case the disabled child housing allowance is £65.
.
Schedule 3
23
In Schedule 3 (sums to be disregarded in the determination of income other than earnings)–
a
for paragraph 10, substitute–
10
Any–
a
educational maintenance allowance payable by virtue of regulations made under section 518 of the Education Act 1996 (payment of school expenses; grant of scholarships etc.); or
b
sum (not being an allowance coming within sub-paragraph (a)) in respect of a course of study attended by a child or young person payable by virtue of regulations made under section 518 of the Education Act 1996, section 49 of the Education (Scotland) Act 1980 (power to assist persons to take advantage of educational facilities) or section 12(2)(c) of the Further and Higher Education (Scotland) Act 1992 (provision of financial assistance to students).
.
b
in paragraph 16, at the end of sub-paragraph (b), omit “or” and after “ to that student under that section” in sub-paragraph (c) insert–
;or
d
the student’s student loan
;
c
in sub-paragraph (1)(a) of paragraph 17, for “or grant” substitute “ , student grant or student loan”;
d
in paragraph 54, for “allowance” in the first place where it occurs, substitute “credit”.
e
at the end, add–
67
1
Any payment of a sports award except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2).
2
The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel or rent of the relevant person or where the relevant person is a member of a family, any other member of his family, or any council tax or water charges for which that relevant person or member is liable.
3
For the purposes of sub-paragraph (2)–
“food” does not include vitamins, minerals or other special dietary supplements intended to enhance the performance of the person in the sport in respect of which the award was made;
“ordinary clothing and footwear” means clothing or footwear for normal daily use but does not include school uniforms or clothing or footwear used solely for sporting activities;
“rent” means eligible rent within the meaning of regulation 10(3) of the Housing Benefit (General) Regulations 1987 less any deductions in respect of non-dependents which fall to be made under regulation 63 of those Regulations.
.
Schedule 4
24
At the end of Schedule 4 (capital to be disregarded) , add–
58
1
Any payment of a sports award for a period of 26 weeks from the date of receipt of that payment except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2).
2
The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel or rent of the relevant person or, where the relevant person is a member of a family, any other member of his family, or any council tax or water charges for which that relevant person or member is liable.
3
For the purposes of sub-paragraph (2)–
“food” does not include vitamins, minerals or other special dietary supplements intended to enhance the performance of the person in the sport in respect of which the award was made;
“ordinary clothing and footwear” means clothing or footwear for normal daily use but does not include school uniforms or clothing or footwear used solely for sporting activities;
“rent” means eligible rent within the meaning of regulation 10(3) of the Housing Benefit (General) Regulations 1987 less any deductions in respect of non-dependents which fall to be made under regulation 63 of those Regulations.
.
Application
25
The amendments made by these Regulations shall not have effect in relation to applications for grant made before the date on which these Regulations come into force.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Nick Raynsford
Minister of State,
Department of the Environment, Transport and the Regions
24th February 2000
We consent to the making of these Regulations
Bob Ainsworth
Clive Betts
Two of the Lords Commissioners of Her Majesty’s Treasury
28th February 2000


text:
1
This Order may be cited as the Energy Act 1976 (Reserve Powers) Order 2000 and shall come into force on 11th September 2000.
2
It is hereby declared that because there is imminent in the United Kingdom a threatened emergency affecting fuel supplies which make it necessary in Her Majesty’s opinion that the government should temporarily have at its disposal exceptional powers for controlling the sources and availability of energy, the powers of sections 1 (general control by order) and 2 (reserve power to control by government directions) of the Energy Act 1976 shall be exercisable to their fullest extent.
G. C. Donald
Deputy Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Education (Grants for Disabled Postgraduate Students) Regulations 2000 and shall come into force on 22nd September 2000.
Interpretation
2
1
In these Regulations —
“academic authority” means, in relation to an institution, the governing body, or other body having the functions of a governing body and includes a person acting with the authority of that body;
“academic year” has the meaning given to it in paragraph (6);
“ the Act ” means the Teaching and Higher Education Act 1998;
“designated course” means a course designated by or under regulation 4;
“ EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;
“EEA migrant worker” has the meaning given to it in paragraph (5);
“eligible student” means a person whom the Secretary of State has determined is eligible for a grant in connection with his attendance at a course in accordance with regulation 3 or 6;
“European Community” means the territory comprised by the member States of the European Community as constituted from time to time;
“European Economic Area” means the European Community and subject to the conditions laid down in the EEA Agreement the area comprised by the Republic of Iceland, the Kingdom of Norway and the Principality of Liechtenstein;
“grant” means a grant made in accordance with these Regulations;
“the Islands” means the Channel Islands and the Isle of Man;
“refugee” means a person who is recognised by Her Majesty’s government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by the Protocol thereto which entered into force on 4th October 1967 and any reference to the child of a refugee includes a reference to a step-child;
“Research Council or similar body” means a body or institution mentioned in paragraph (7).
2
For the purposes of these Regulations a person who is ordinarily resident in England and Wales, Scotland, Northern Ireland, the Channel Islands or the Isle of Man as a result of having moved from another of those areas for the purpose of attending —
a
his current course,
b
a previous designated course which, disregarding any intervening vacation, the student was attending immediately before attending his current course, or
c
his course designated by or under regulations made for the purposes of section 1 of the Education Act 1962 or section 22 of the Act which, disregarding any intervening vacation, the student was attending immediately before attending the current course
shall be considered to be ordinarily resident in the place from which he moved.
3
For the purpose of these Regulations, including for the purpose of determining whether a person is settled in the United Kingdom within the meaning of the Immigration Act 1971 for the purposes of these Regulations, a person shall be treated as ordinarily resident in England and Wales, the United Kingdom, the United Kingdom and Islands or in the European Economic Area if he would have been so resident but for the fact that he, his spouse or his parent, guardian or any other person having parental responsibility for him, or any person having care of him when he is a child is, or was temporarily employed outside the United Kingdom, the United Kingdom and Islands, or as the case may be, outside the European Economic Area and paragraph 7(c) of the Schedule shall not apply in the case of such a person. Without prejudice to the foregoing, members of the regular naval, military or air forces of the Crown shall be treated as being temporarily employed within the meaning of this paragraph for any period during which they serve outside the United Kingdom as members of such forces.
4
For the purposes of these Regulations an area which —
a
was previously not part of the European Community or the European Economic Area, but
b
at any time before or after these Regulations come into force has become part of one or other or both of these areas
shall be considered to have always been part of the European Community or European Economic Area as the case may be.
5
In these Regulations a reference to an EEA migrant worker is a reference to a person who is a national of a member State of the European Economic Area who has taken up an activity as an employed person in the United Kingdom —
a
under Council Regulation ( EEC ) No. 1612/68 on freedom of movement of workers within the Community , as extended by the EEA Agreement; or
b
in circumstances where as a national of the United Kingdom he has an enforceable Community right to be treated no less favourably than a national of another member State in relation to matters which are the subject of the above mentioned Council Regulation.
6
In these Regulations “academic year” means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September, according as the academic year of the course in question begins in the winter, the spring, the summer or the autumn respectively, but if students are required to begin attending the course during August or September and to continue attending through the autumn the academic year of the course shall be considered to begin in the autumn rather than the summer.
7
In these Regulations —
a
“Research Council” means any of the following research councils —
Biotechnology and Biological Sciences Research Council,
Economic and Social Research Council,
Engineering and Physical Sciences Research Council,
Medical Research Council,
Natural Environment Research Council,
Particle Physics and Astronomy Research Council; and
b
“similar body” means either of the following institutions —
the Arts and Humanities Research Board,
the British Academy.
Eligible students
3
1
Subject to and in accordance with these Regulations a person shall be eligible for a grant in connection with his attendance at a designated course and in respect of an academic year which begins on or after 1st September 2000 if:
a
he is a person mentioned in the Schedule to these Regulations; and
b
the Secretary of State is satisfied that, by reason of a disability to which he is subject, he will be obliged to incur additional expenditure in respect of his attendance at his course.
2
A person shall not be eligible under this regulation if —
a
there has been bestowed on him or paid to him in relation to his attendance on the course —
i
a bursary or award of similar description under section 63 of the Health Services and Public Health Act 1968 or article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972 the amount of which is not calculated by reference to his income; or
ii
any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 1992 ; or
iii
any allowance, bursary or award of similar description made by a Research Council or similar body; or
iv
any payment by his institution for the purpose of meeting additional expenditure incurred by the student by reason of his disability; or
b
he has, in the opinion of the Secretary of State, shown himself by his conduct to be unfitted to receive any support.
3
A person shall not be eligible for a grant for more than one designated course at any one time.
4
Where a person who meets the requirements of this regulation is notified of that fact by the Secretary of State under regulation 5(4) he shall thenceforth be an eligible student for the purposes of these Regulations.
Designated courses
4
1
A course shall be designated for the purposes of section 22(1) of the Act and regulations 3 and 6 if —
a
it is a course providing education the standard of which is higher than that of a first degree course and entry for which a first degree (or equivalent qualification) is normally required;
b
it is a course —
i
of at least one academic year’s duration; and
ii
in the case of a part-time course, the duration of which does not exceed twice the period normally required to complete a full-time course leading to the same qualification;
c
it is wholly provided by an educational institution or institutions in the United Kingdom which are maintained or assisted by recurrent grants out of public funds or is provided by such an institution or institutions in conjunction with an institution or institutions outside the United Kingdom; and
d
it is not a course for the initial training of teachers.
2
For the purposes of these Regulations a course is provided by an institution if it provides the teaching and supervision which comprise the course, whether or not it has entered an agreement with the student to provide the course.
3
For the purposes of paragraph (1) a university and any constituent college or institution in the nature of a college or a university shall be regarded as maintained or assisted by recurrent grants out of public funds if either the university or the constituent college or institution is so maintained or assisted.
4
For the purposes of paragraph (1) an institution shall not be regarded as maintained or assisted by recurrent grants out of public funds by reason only that it receives public funds from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992 .
5
For the purposes of section 22 of the Act and regulations 3(1) and 6(2) the Secretary of State may designate courses under these Regulations which are not designated under paragraph (1).
Applications for grant
5
1
A person shall apply for a grant in respect of an academic year of a designated course by completing and submitting to the Secretary of State an application in such form as he may require, but which shall include a declaration signed by the student that:
a
the particulars given in the form are correct to the best of his knowledge and belief;
b
he will notify the Secretary of State (or if a local education authority is exercising functions in relation to his application by virtue of a determination under section 23(1)(a) of the Act he will notify them) of any change in them which might affect his eligibility for a grant; and
c
he will if required to do so repay to the Secretary of State any amount paid to him which for whatever reason exceeds the amount of grant to which he is entitled under these Regulations.
2
An applicant shall demonstrate his eligibility for a grant by providing such evidence as the Secretary of State may require.
3
The Secretary of State may take such steps and make such inquiries as he considers necessary to determine whether the applicant is eligible for a grant.
4
If the Secretary of State considers that the applicant is eligible for a grant he shall:
a
where the application is the first to be made in connection with the applicant’s attendance at the course, notify him of the fact that the applicant is an eligible student and the amount to which the Secretary of State considers he is entitled; and
b
in respect of any subsequent application, notify him of the amount to which the Secretary of State considers he is entitled.
Transfers of eligibility
6
1
An eligible student may request that the Secretary of State transfer his eligibility in any case where —
a
on the recommendation of the academic authority the eligible student starts to attend another course at the institution; or
b
with the written consent of the academic authorities of both institutions concerned, given on educational grounds, the eligible student starts to attend a course at another institution.
2
Subject to paragraph (3) the Secretary of State, on being satisfied of the matters referred to in paragraph (1) and that the second course is a designated course, shall transfer the eligible student’s eligibility, and thenceforth the eligible student shall for all purposes be an eligible student in connection with his attendance at the second course, whether or not he may have been eligible for a grant if he had applied under regulation 5.
3
The Secretary of State may, after consulting the academic authority concerned, refuse to transfer eligibility under this regulation if he is satisfied that when the student applied for a grant he did not intend to complete the course to which his application related.
4
An eligible student’s eligibility for a grant may not be transferred after it has expired or been terminated under regulation 7.
Termination of eligibility
7
1
Subject to paragraph (2), an eligible student shall cease to be eligible for a grant on the expiry of the period ordinarily required for the completion of the course, and accordingly he shall then cease to be an eligible student.
2
The Secretary of State may before or after an eligible student ceases to be an eligible student under paragraph (1) determine the he shall continue to be eligible for a grant for such further period after the expiry of the period referred to in that paragraph as he specifies, and accordingly he shall be or be considered to have been an eligible student throughout that period until its expiry.
3
Where an eligible student has withdrawn from a course in circumstances where the Secretary of State has not transferred or will not transfer his eligibility to another course under regulation 6, or has abandoned or been expelled from his course, the Secretary of State shall determine that he is no longer eligible for a grant, and on such determination he shall then cease to be an eligible student.
4
Where an eligible student has shown himself by his conduct to be unfitted to receive a grant the Secretary of State may determine that he is no longer eligible for a grant, and on such determination he shall then cease to be an eligible student.
Information
8
1
Every applicant and every eligible student shall as soon as reasonably practicable after he is requested to do so provide the Secretary of State with such information as the Secretary of State considers necessary for the exercise of his functions under these Regulations.
2
Every applicant and every eligible student shall forthwith inform the Secretary of State if any of the following occurs, and provide him with particulars —
a
he withdraws from, abandons or is expelled from his course;
b
he transfers to another course, at the same or a different institution, whether or not the new course is a designated course;
c
he ceases to attend his course and does not intend to or is not permitted to return for the remainder of the academic year;
d
he is absent from his course for more than 60 days due to illness, or is absent from his course for any period for any other reason;
e
the month for the start or completion of the course changes;
f
his home or term time address or telephone number changes.
3
If the Secretary of State is satisfied that an eligible student has wilfully failed to comply with any requirement to provide information or has provided information which the student knows to be false in a material particular or has recklessly provided information which is false in a material particular he may determine that the student shall —
a
no longer be eligible for a grant; or
b
not be eligible for any particular amount of grant as he considers appropriate in the circumstances.
Amount of grant
9
1
An eligible student shall be eligible for a grant equal to additional expenditure which the Secretary of State is satisfied he is obliged to incur in respect of his attendance at the course by reason of a disability to which he is subject; but the amount of grant shall not exceed the amount referred to in paragraph (2).
2
The amount referred to in this paragraph is such amount as the Secretary of State considers appropriate not exceeding £5,000 in respect of each academic year.
Payment of grant
10
1
Subject to the following paragraph, the Secretary of State shall pay a grant for which a student is eligible in such instalments (if any) and at such times as he considers appropriate; and in the exercise of his functions under this paragraph he may make provisional payments pending the final calculation of the amount of grant for which the student is eligible.
2
Payments shall be made in such manner as the Secretary of State considers appropriate, and he may make it a condition of entitlement to payment that the eligible student shall provide him with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.
Overpayments
11
Any overpayment of grant shall be recovered in such one or more of the following ways as the Secretary of State considers appropriate in all the circumstances:
a
by subtracting the overpayment from a grant for which the student is eligible in respect of any other academic year;
b
by taking such other action for the recovery of a payment made without statutory authority as is available to him.
Malcolm Wicks
Parliamentary Under-Secretary of State,
Department for Education and Employment
30th August 2000


text:
Citation
1
This Order may be cited as the Protection of Children Act 1999 (Commencement No. 1) Order 2000.
Appointed day
2
The day appointed for the coming into force of section 3(1) and (2) of the Protection of Children Act 1999 is 5th June 2000.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State
Department of Health
26th May 2000


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the National Health Service (Payments by Local Authorities to NHS Bodies) (Prescribed Functions) Regulations 2000 and shall come into force on 1st April 2000.
2
In these Regulations “ the Act ” means the National Health Service Act 1977.
3
These Regulations extend to England only .
Prescribed functions of relevant NHS bodies
2
1
Subject to paragraph (2) below, the following functions are the prescribed functions of a relevant NHS body for the purposes of section 28BB of the Act (power of local authorities to make payments to NHS bodies) —
a
the functions of providing, or making arrangements for the provision of, services —
i
under sections 2 and 3(1) of the Act, including rehabilitation services and services intended to avoid admission to hospital, and
ii
under section 5(1), (1A) and (1B) of, and Schedule 1 to, the Act ; and
b
any function under sections 25A to 25H and 117 of the Mental Health Act 1983 .
2
There are excluded from the functions prescribed under paragraph (1) above any functions in respect of —
a
the provision of surgery, radiotherapy, termination of pregnancies, endoscopy, the use of Class 4 laser treatments and other invasive treatments;
b
emergency ambulance services;
c
the provision of drugs and other substances which are listed in Schedule 10 to the National Health Service (General Medical Services) Regulations 1992 or which are listed in column 1 of Schedule 11 to those Regulations in circumstances in which the conditions specified in column 3 of that Schedule are not met; and
d
the provision of appliances which are not listed in Part IX of the statement known as “the Drug Tariff” published and from time to time amended under regulation 18(1) of the National Health Service (Pharmaceutical Services) Regulations 1992 .
Signed by authority of the Secretary of State for Health
Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health
10th March 2000


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security and Child Support (Decisions and Appeals) Amendment Regulations 2000 and shall come into force on 17th February 2000.
2
In these Regulations, “the principal Regulations ” means the Social Security and Child Support (Decisions and Appeals) Regulations 1999 .
Amendment of regulation 7 of the principal Regulations
2
For paragraph (9) of regulation 7 of the principal Regulations (date from which a decision superseded under section 10 of the Social Security Act 1998 takes effect) there shall be substituted the following paragraph —
9
A decision relating to attendance allowance or disability living allowance which is advantageous to the claimant and which is made under section 10 on the basis of a relevant change of circumstances shall take effect from —
a
where the decision is made on the Secretary of State’s own initiative, the date of that decision;
b
where —
i
the change is relevant to the question of entitlement to a particular rate of benefit; and
ii
the claimant notifies the change before a date one month after he satisfied the conditions of entitlement to that rate or within such longer period as may be allowed under regulation 8,
the first pay day (as specified in Schedule 6 to the Claims and Payments Regulations ) after he satisfied those conditions;
c
where —
i
the change is relevant to the question of whether benefit is payable; and
ii
the claimant notifies the change before a date one month after the change or within such longer period as may be allowed under regulation 8,
the first pay day (as specified in Schedule 6 to the Claims and Payments Regulations) after the change occurred; or
d
in any other case, the date of the application for the superseding decision.
.
Amendment of regulation 8 of the principal Regulations
3
In regulation 8 of the principal Regulations (effective date for the late notification of change of circumstances) —
a
in paragraph (1) after the words “regulation 7(2)” there shall be inserted the words “and (9)”; and
b
in paragraphs (2) and (5) after the words “regulation 7(2)” there shall be inserted the words “or (9)”.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
20th January 2000


text:
1
This Order may be cited as the Melton Mowbray College (Dissolution) Order 2000, and shall come into force on 1st September 2000.
2
On 1st September 2000 the corporation shall be dissolved and all of its property, rights and liabilities shall be transferred to Brooksby College, Melton Mowbray, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the corporation immediately before 1st August 2000 as if the references in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st August 2000;
c
to the transferor were to the corporation; and
d
to the corporation were to Brooksby College, Melton Mowbray.
Tessa Blackstone
Minister of State,
Department for Education and Employment
2nd August 2000


text:
Citation and commencement [and interpretation]
1
1
This Order may be cited as the Borough of Taunton Deane (Electoral Changes) (Amendment) Order 2000.
2
This Order shall come into force on the day after that on which it is made.
Amendment of Order
2
The Borough of Taunton Deane (Electoral Changes) Order 1998 is amended, in column (2) of Schedule 1, —
a
by the substitution for “Langford, Budville” of “Langford Budville”; and
b
in respect of the column (1) entry “Stoke St. Gregory”, by the insertion of “The parishes of Burrowbridge and Stoke St. Gregory”.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
21st December 2000


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Clinical Assessment Authority Regulations 2000 and shall come into force on 27th November 2000.
2
In these Regulations —
“ the Act ” means the National Health Service Act 1977;
“the Authority” means the National Clinical Assessment Authority established by the Order ;
“the chairman” means the chairman of the Authority;
“health service body” shall be construed in accordance with section 4 of the National Health Service and Community Care Act 1990 ;
“member” means a member of the Authority other than the chairman;
“the Order” means the National Clinical Assessment Authority (Establishment and Constitution) Order 2000 .
3
In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations, and any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.
Appointment of Chairman and Members
2
1
The Chairman and non-officer members shall be appointed by the Secretary of State.
2
Any appointment of officers as members under article 4(d) of the Order shall be made by the Authority.
3
Subject to regulation 5 (termination of tenure of office), the term of office of the chairman and of non-officer members shall be such period, not exceeding four years, as the Secretary of State shall specify on making the appointment.
4
Subject to regulation 3 (disqualification for appointment), the chairman and any member shall, on the termination of his office, be eligible for re-appointment.
Disqualification for Appointment
3
1
Subject to regulation 4 (cessation of disqualification), a person shall be disqualified for appointment as the chairman or as a member if —
a
he has within the preceding five years been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;
b
he has been adjudged bankrupt or has made a composition or arrangement with his creditors;
c
he has been dismissed, otherwise than by reason of redundancy, from any paid employment with a health service body;
d
he is a person whose tenure of office as the chairman or as a member or director of a health service body has been terminated on the grounds that —
i
it was not in the interests, or conducive to the good management, of the health service body or of the health service that he should continue to hold that office,
ii
he failed, without reasonable cause, to attend any meeting of that health service body for a period of three months or more,
iii
he failed to declare a pecuniary interest or withdraw from consideration of any matter in respect of which he had a pecuniary interest; or
e
he has had his name removed, by a direction under section 46 of the Act, from any list prepared under part II of the Act, and has not subsequently had his name included in such a list or he is suspended as respects the provision of Part II services by a direction made pursuant to section 49A(2) or 49B(1) of the Act (or has had his name removed or is suspended under any corresponding provision having effect in Scotland, Wales or Northern Ireland).
2
For the purposes of paragraph (1)(a), the date of conviction shall be deemed to be the date on which the ordinary period allowed for making an appeal or application with respect to the conviction expires or, if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its not being prosecuted.
3
For the purposes of paragraph (1)(c) a person shall not be treated as having been in paid employment by reason only of his having been the chairman or a member or director of a health service body.
Cessation of Disqualification
4
1
Where a person is disqualified under regulation 3(1)(b) by reason of having been adjudged bankrupt —
a
if the bankruptcy is annulled on the ground that he ought not to have been adjudged bankrupt or on the ground that his debts have been paid in full, the disqualification shall cease on the date of the annulment;
b
if he is discharged, the disqualification shall cease on the date of his discharge.
2
Where a person is disqualified under regulation 3(1)(b) by reason of his having made a composition or arrangement with his creditors —
a
if he pays his debts in full, the disqualification shall cease on the date on which such payment is completed; and
b
in any other case, it shall cease on the expiry of the period of five years beginning on the date on which the terms of the deed of composition or arrangement are fulfilled.
3
Subject to paragraph (4), where a person is disqualified under regulation 3(1)(c) he may, after the expiry of two years beginning on the date on which he was dismissed, apply in writing to the Secretary of State to remove the disqualification, and the Secretary of State may direct that the disqualification shall cease.
4
Where the Secretary of State refuses an application to remove a disqualification no further application may be made by that person until the expiry of the period of two years beginning with the date of the application and this paragraph shall apply to any subsequent application.
5
Where a person is disqualified under regulation 3(1)(d), the disqualification shall cease on the expiry of the period of two years beginning on the date of the termination of his tenure of office or such longer period as the Secretary of State specified when terminating his period of office but the Secretary of State may, on application being made to him by that person, reduce the period of disqualification.
Termination of Tenure of Office of Chairman and Members
5
1
The chairman or a member may resign his office at any time during his term of office by giving notice in writing to the Secretary of State.
2
Where the Secretary of State is of the opinion that it is not the intersts of, or conducive to the good management of, the Authority or of the health service that the chairman or a member should continue to hold office, he may forthwith terminate his tenure of office by giving him notice in writing to that effect.
3
If the Chairman or a member fails to attend any meetings of the Authority for a period of three months the Secretary of State shall forthwith terminate that person’s tenure of office unless he is satisfied that —
a
the absence was due to a reasonable cause; and
b
the person in question will be able to attend meeting of the Authority within such a period as the Secretary of State considers reasonable.
4
Where a person has been appointed to be chairman or a member, and —
a
he becomes disqualified for appointment under regulation 3, the Secretary of State shall forthwith notify him in writing of such disqualification; or
b
it comes to the notice of the Secretary of State that at the time of his appointment he was so disqualified, he shall forthwith declare that the person in question was not duly appointed and notify him in writing to that effect.
and upon receipt of any such notification, his tenure of office, if any, shall be terminated and he shall cease to act as such chairman or member.
5
If it appears to the Secretary of State that the chairman or non-officer member has failed to comply with regulation 10 (disability on account of pecuniary interest) he may forthwith terminate that person’s tenure of office by giving him notice in writing to that effect.
Appointment of Vice-Chairman
6
1
Subject to paragraph (2), the chairman and members may appoint one of their number to be vice-chairman for such period, not exceeding the remainder of his term as a member, as they may specify on appointing him.
2
Any member so appointed may at any time resign from the office of vice-chairman by giving notice in writing to the chairman.
3
Where the chairman has died or has ceased to hold office, or where he is unable to perform his duties as chairman owing to illness, absence or any other cause, references to the chairman in the Schedule to these Regulations shall, so long as there is no chairman available to perform his duties, be taken to include references to the vice-chairman.
Appointment of Committees and Sub-Committees
7
1
Subject to such directions as may be given by the Secretary of State, the Authority may, and, and if so directed by him shall, appoint committees of the Authority consisting wholly or partly of members of the Authority or wholly of persons who are not members of the Authority.
2
A committee appointed under this regulation, may subject to such directions as may be given by the Secretary of State or the Authority, appoint sub-committees consisting wholly or partly of members of the committee (whether or not they are members of the Authority) or wholly of persons who are not members of the Authority or the committee.
3
Regulations 3 and 4 apply to the appointment of members of committees and sub-committees appointed under this regulation as they apply to the appointment of members of the Authority.
Arrangements for the Exercise of Functions
8
Subject to such directions as may be given by the Secretary of State, the Authority may make arrangements for the exercise, on behalf of the Authority, of any of its functions by a committee or sub-committee appointed by virtue of regulation 7 or by an officer of the Authority in each case subject to such restrictions and conditions as the Authority thinks fit.
Meetings and Proceedings
9
1
The meetings and proceedings of the Authority shall be conducted in accordance with the rules set out in the Schedule to these Regulations and with Standing Orders made under paragraph (2).
2
Subject to those rules, to regulation 10 (disability on account of pecuniary interest) and to such directions as may be given by the Secretary of State, the Authority shall make, and may vary or revoke, Standing Orders for the regulation of its proceedings and business, including provision for the suspension of the Standing Orders or any of them.
3
Subject to such Directions as may be given by the Secretary of State, the Authority may make, vary and revoke Standing Orders relating to the quorum, proceedings and place of meeting of any committee or sub-committee of the Authority; but subject to any such Standing Orders, the quorum, proceedings and place of meeting shall be such as the committee or sub-committee may determine.
Disability of Chairman and Members in Proceedings on Account of Pecuniary Interest
10
1
Subject to the following provisions of this regulation, if the chairman or a member has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter and is present at any meeting of the Authority at which the contract, proposed contract or other matter is the subject of consideration, he shall at the meeting and as soon as practicable after its commencement, disclose his interest and shall not take part in the consideration or discussion of the contract or other matter or vote on any question with respect to it.
2
The Secretary of State may, subject to such conditions as he may think fit to impose, remove any disability imposed by this regulation in any case in which it appears to him in the interests of the health service that the disability should be removed.
3
The Authority may, by Standing Orders made under regulation 9(2), provide for the exclusion of the chairman or a member from a meeting of the Authority while any contract, proposed contract or other matter in which he has a pecuniary interest, direct or indirect, is under consideration.
4
Any remuneration, compensation or allowances payable to the chairman or a member by virtue of paragraph 9 of Schedule 5 to the Act (pay and allowances) shall not be treated as a pecuniary interest for the purpose of this regulation.
5
Subject to paragraphs (2) and (6), the chairman or a member shall be treated for the purpose of this regulation as having an indirect pecuniary interest in a contract, proposed contract or other matter if —
a
he, or a nominee of his, is a director of a company or other body, not being a public body, with which the contract was made or is proposed to be made or which has a direct pecuniary interest in the other matter under consideration; or
b
he is a partner of, or is in the employment of, a person with whom the contract was made or is proposed to be made or who has a direct pecuniary interest in the other matter under consideration;
and in the case of married persons living together the interest of one spouse shall, if known to the other, be deemed for the purpose of this regulation to be also an interest of the other.
6
Neither the chairman nor a member shall be treated as having a pecuniary interest in any contract, proposed contract or other matter by reason only —
a
of his membership of a company or other body if he has no beneficial interest in any securities of that company or other body; or
b
of an interest in any company, body or person with which he is connected as mentioned in paragraph (5) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence him in the consideration or discussion of, or in voting on, any question with respect to that contract, proposed contract or other matter.
7
Where the chairman or a member —
a
has an indirect pecuniary interest in a contract, proposed contract or other matter by reason only of a beneficial interest in securities of a company or other body; and
b
the total nominal value of those securities does not exceed £5,000 or one-hundredth of the total nominal value of the issued share capital of the company or body, which ever is the lesser; and
c
if the share capital is of more than one class, the total nominal value of shares of any one class in which he has a beneficial interest does not exceed one-hundredth of the total issued share capital of that class,
this regulation shall not prohibit him from taking part in the consideration or discussion of the contract or other matter, or from voting on any question with respect to it without prejudice however to his duty to disclose his interest.
8
This regulation applies to a committee or sub-committee as it applies to the Authority and applies to a member of any such committee or sub-committee (whether or not he is also a member of the Authority) as it applies to a member of the Authority.
9
In this regulation —
“public body” includes —
any body established for the purpose of carrying on under national ownership, any industry or undertaking or part of any industry or undertaking;
the governing body of any university, university college or college school or hall of a university; and
the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907 ;
“securities” means —
shares or debentures, whether or not constituting a charge on the assets of a company or other body, or rights or interests in any share or such debentures; or
rights (whether actual or contingent) in respect of money lent to, or deposited with, any industrial or provident society or building society.
“shares” means shares in the share capital of a company or other body or the stock of a company or other body.
Reports by the Authority
11
The Authority shall make reports to the Secretary of State in such manner and at such time as the Secretary of State may direct, and shall furnish to the Secretary of State such information as he may from time to time require.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
6th November 2000