text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (New Procedures for Property Transfers) Regulations 2000 and shall come into force on 1st January 2001.
2
Subject to paragraph (3) below, these Regulations apply in relation to England and Wales.
3
Regulations 15 to 19 apply only in relation to England.
Interpretation
2
In these Regulations:
“the 1988 Act ” means the Education Reform Act 1988 ;
“the 1992 Act ” means the Further and Higher Education Act 1992 ;
“the 1998 Act ” means the School Standards and Framework Act 1998; and
“the National Assembly ” means the National Assembly for Wales.
Provision of information
3
Any local education authority, governing body of a maintained school and institution within the further education sector (within the meaning of section 91 of the 1992 Act) shall give the Secretary of State or, as the case may be, the National Assembly such information as he or it may require for the purposes of the exercise of his or its functions in relation to property transfers under the Education Acts as modified by these Regulations.
Determinations of the Education Transfer Council
4
Any reference in a determination of the Education Transfer Council to a matter being referred to the Council for determination in the event of the parties failing to reach agreement shall be read as requiring the matter to be referred to the Secretary of State or the National Assembly (as the case may be) in such event.
Land transfers in relation to schools changing category or joining or leaving foundation bodies
5
1
Section 198 of and Schedule 10 to the 1988 Act (supplementary provisions with respect to transfers) shall apply to transfers of land under any regulations made or to be made under section 21(5) of or under paragraph 5 of Schedule 8 to the 1998 Act with the modifications set out below.
2
Section 198(3) of and paragraphs 1 to 3 of Schedule 10 to the 1998 Act are set out as so modified in Schedule 1.
6
Section 198 shall have effect as if —
a
in section 198(3)(a) —
i
for “Education Transfer Council” there were substituted “Secretary of State in relation to England or the National Assembly in relation to Wales”,
ii
in (i) “, subject to subsection (4) below,” were omitted, and
iii
in (ii) “and” were omitted; and
b
section 198 (3)(b) and subsections (4) to (6) were omitted.
7
Schedule 10 shall have effect as if —
a
in paragraph 1(4) for “relevant person” there were substituted “transferee” and after “Secretary of State” there were inserted “in relation to England or the National Assembly in relation to Wales”;
b
paragraph 1(5)(b) were omitted;
c
in paragraph 2(1) for “relevant person” there were substituted “transferee”;
d
in paragraph 2(3) —
i
for “Except in a case where the transferor is a local authority, the Education Transfer Council” there were substituted “If and to the extent that he or it is requested to do so by the transferor or the transferee, the Secretary of State in relation to England or the National Assembly in relation to Wales”, and
ii
paragraph 2(3)(c) were omitted;
e
there were inserted after paragraph (3) the following paragraph —
3A
Within 6 months after the transfer date the transferor shall send the Secretary of State in relation to England or the National Assembly in relation to Wales a copy of an executed transfer agreement or, if no agreement has been executed, so notify him or it.
f
in paragraph 2(4) for “Education Transfer Council” there were substituted “Secretary of State in relation to England or the National Assembly in relation to Wales”;
g
in paragraph 2(6) the words “from” and “the relevant person” to the end of the subparagraph were omitted;
h
paragraph 3(1) were omitted;
i
for paragraph 3(2) there were substituted —
2
In the case of any matter on which agreement is required to be reached under paragraph 2(1) above, if such an agreement has not been reached within a period of 6 months from the transfer date, the Secretary of State in relation to England or the National Assembly in relation to Wales may give a direction determining that matter, and may include in the direction any provision which might have been included in an agreement under paragraph 2(1) above
;
j
in paragraph 3(4) after “The Secretary of State” there were inserted “in relation to England or the National Assembly in relation to Wales”;
k
paragraph 3(5) were omitted;
l
in paragraph 5 for “Education Transfer Council” there were substituted “Secretary of State in relation to England or the National Assembly in relation to Wales”;
m
in paragraph 9(2) for “Education Transfer Council” there were substituted “transferee”;
n
in paragraphs 9(6) and 9(9) the words “Education Transfer Council or (as the case may be) the” were omitted; and
o
paragraph 10 were omitted.
Property transfers under the 1992 Act
8
1
Sections 34 (making additional property available for use) and 36 (general provisions about transfers under Chapter II ) of and Schedules 5 and 7 (Transfers: supplementary provisions) to the 1992 Act shall have effect with the modifications set out below.
2
Section 36(6) of and paragraphs 1 to 3 of Schedule 5 to the 1992 Act are set out as so modified in Schedule 2.
9
Section 34 shall have effect as if for section 34(3)(b) there were substituted “he has consulted the appropriate council and the local authority.”.
10
Section 36 shall have effect as if —
a
section 36(5) were omitted;
b
for section 36(6) there were substituted —
6
In carrying out the functions conferred or imposed on them by that Schedule the Secretary of State in relation to England or the National Assembly in relation to Wales —
i
shall not act on behalf of the transferor, the transferee or any other interested person, but
ii
shall seek to ensure that all such persons' interests are protected.
; and
c
in sections 36(7) and (8) for “Council”, wherever occurring, there were substituted “Secretary of State in relation to England or the National Assembly in relation to Wales”.
11
Schedule 5 shall have effect as if —
a
in paragraph 1(3) for “Education Transfer Council” there were substituted “transferee” and for “Council” there were substituted “Secretary of State in relation to England or the National Assembly in relation to Wales”;
b
in paragraph 2(1) for “Education Transfer Council” there were substituted “transferee”;
c
after paragraph 2(2) there were inserted —
3
If and to the extent that he or it is requested to do so by the transferor or the transferee, the Secretary of State in relation to England or the National Assembly in relation to Wales shall —
a
assist the transferor, the transferee and any other interested person in identifying or defining the property, rights and liabilities transferred to the transferee or retained by the transferor;
b
advise such persons as to the terms of any agreement or instrument falling to be made under sub-paragraph (1) above;
c
prepare drafts of any such agreement or instrument; and
d
assist the parties in executing and giving effect to any such agreement or instrument.
4
Within 6 months after the operative date the transferor shall send the Secretary of State in relation to England or the National Assembly in relation to Wales a copy of an executed transfer agreement or, if no agreement has been executed, so notify him or it.
;
d
subject to regulation 14 below, for paragraph 3(1) there were substituted —
1
In the case of any matter on which agreement is required to be reached under paragraph 2(1) above, if such an agreement has not been reached within a period of 6 months from the operative date, the Secretary of State in relation to England or the National Assembly in relation to Wales may give a direction determining that matter, and may include in the direction any provision which might have been included in an agreement under paragraph 2(1) above.
;
e
subject to regulation 14 below, paragraph 3(2) were omitted;
f
subject to regulation 14 below, for paragraph 3(4) there were substituted —
4
The Secretary of State in relation to England or the National Assembly in relation to Wales shall consult the transferor, the transferee and any other interested person before giving a direction under this paragraph.
;
g
subject to regulation 14 below, paragraphs 4 and 5 were omitted;
h
in paragraph 7(2) for “Education Transfer Council” there were substituted “transferee”;
i
in paragraphs 7(6) and (9) for “Education Transfer Council” there were substituted “transferee”; and
j
paragraph 8 were omitted.
12
Schedule 7 shall have effect as if in paragraph 1 for “Education Transfer Council” there were substituted “Secretary of State in relation to England or the National Assembly in relation to Wales”.
Saving provisions relating to appeals pending under the 1992 Act
13
For the purposes of regulation 14 below, an appeal is pending when —
a
an appeal has been made to the Secretary of State in relation to England or the National Assembly in relation to Wales under paragraph 4 of Schedule 5 to the 1992 Act; and
b
a final decision has not been made by the Secretary or State or the National Assembly on the appeal.
14
Where an appeal is pending —
a
regulation 11(d), (e), (f) and (g) above shall not apply; and
b
regulation 4 of the Education Assets Board (Transfers under the Further and Higher Education Act 1992) Regulations 1992 shall apply to the appeal with the following modifications —
i
paragraph (5) shall be omitted, and
ii
references to “the Council” in paragraphs (6) and (7) shall be omitted.
Property transfers to former grant-maintained schools
15
1
Section 198 of and Schedule 10 to the 1988 Act (supplementary provisions about transfers), as they are applied to transfers under section 201 of the 1996 Act by Article 4 of the School Standards and Framework Act 1998 (Commencement No.5 and Saving and Transitional Provisions) Order 1999 and article 8 of the School Standards and Framework Act 1998 (Commencement No. 7 and Saving and Transitional Provisions) Order 1999 , shall be modified as set out below.
2
Section 198(4) of and paragraphs 1 to 3 of Schedule 10 to the 1988 Act are set out as so modified in Schedule 3.
16
Section 198 shall have effect as if —
a
section 198(3) were omitted; and
b
for section 198(4) there were substituted —
4
In carrying out the functions conferred or imposed on them by that Schedule the Secretary of State —
i
shall not act on behalf of the transferor, the transferee or any other interested person, but
ii
shall seek to ensure that all such persons' interests are protected.
.
17
Schedule 10 shall have effect as if —
a
in paragraph 1(3) for “Education Transfer Council” there were substituted “transferee”;
b
in paragraph 2(1) for “Education Assets Board” there were substituted “transferee”;
c
after paragraph 2(2) there were inserted —
3
If and to the extent that he is requested to do so by the transferor or transferee the Secretary of State shall —
a
assist the transferor, the transferee and any other interested person in identifying or defining the property, rights and liabilities transferred to the transferee or retained by the transferor;
b
advise such persons as to the terms of any agreement or instrument falling to be made under sub-paragraph (1) above;
c
prepare drafts of any such agreement or instrument; and
d
assist the parties in executing and giving effect to any such agreement or instrument.
4
Within 6 months after the transfer date the transferor shall send the Secretary of State a copy of an executed transfer agreement or, if no agreement has been executed, so notify him
;
d
subject to regulation 19 below, for paragraph 3 there were substituted —
3
1
In the case of any matter on which agreement is required to be reached under paragraph 2(1) above, if such an agreement has not been reached within a period of 6 months from the transfer date, the Secretary of State may give a direction determining that matter, and may include in the direction any provision which might have been included in an agreement under paragraph 2(1) above.
2
Any property, rights or liabilities required by a direction under this paragraph to be transferred to the transferee shall be regarded as having been transferred to, and by virtue of this Act vested in, the transferee accordingly.
3
The Secretary of State shall consult the transferor, the transferee and any other interested person before giving a direction under this paragraph.
;
e
in paragraph 5 for “Education Transfer Council” there were substituted “Secretary of State”;
f
in paragraph 9(2) for “Education Transfer Council” there were substituted “transferee”;
g
in paragraph 9(6) and (9) for “Education Transfer Council” there were substituted “transferee” and
h
paragraph 10 were omitted.
Saving provisions relating to appeals pending in relation to grant-maintained schools
18
For the purposes of regulation 19 below, an appeal is pending when —
a
an appeal has been made to the Secretary of State under paragraph 63 of Schedule 8 to the 1992 Act; and
b
a final decision has not been made by the Secretary of State on the appeal.
19
When an appeal is pending —
a
regulation 17 (d) above shall not apply; and
b
regulation 4 of the Education Assets Board (Transfers under the Education Reform Act 1988) Regulations 1992 shall apply to the appeal with the following modifications —
i
paragraph (5) shall be omitted, and
ii
references to the Council in paragraphs (6) and (8) shall be omitted.
Estelle Morris
Minister of State,
Department for Education and Employment
4th December 2000


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Incapacity Benefit) Miscellaneous Amendments Regulations 2000 and shall come into force on 6th April 2001.
Amendment of the Social Security (Incapacity Benefit) Regulations 1994
2
1
The Social Security (Incapacity Benefit) Regulations 1994 shall be amended in accordance with the following paragraphs of this regulation.
2
After regulation 2A of the Social Security (Incapacity Benefit) Regulations 1994 (disapplication of section 1(1A) of the Administration Act) there shall be inserted the following —
PART 1A
CONTRIBUTION CONDITIONS : SUPPLEMENTARY PROVISIONS
Relaxation of the first contribution condition in certain cases
2B
1
For the purposes of sub-paragraph (2)(a) of paragraph 2 of Schedule 3 to the Contributions and Benefits Act (first contribution condition) a person who satisfies any of the conditions in paragraph (2) shall be taken to satisfy the first contribution condition if —
a
he paid contributions of a relevant class before the relevant time in respect of any one year; and
b
the earnings factor is derived —
i
from earnings, on which primary Class 1 contributions have been paid or treated as paid, which are not less than that year’s lower earnings limit multiplied by 25, or
ii
from Class 2 contributions multiplied by 25.
2
The conditions referred to in paragraph (1) are that —
a
he was a person who, in the relevant tax year before the first day of incapacity for work, was entitled to invalid care allowance under section 70 of the Contributions and Benefits Act or would have been in receipt of the invalid care allowance but for the provision of regulation 4 of the Social Security (Overlapping Benefits) Regulations 1979 ;
b
immediately before the first day of incapacity for work, he was a person —
i
who had been engaged in remunerative employment for a period of more than 2 years, and
ii
who was entitled to disability working allowance or disabled person’s tax credit, as the case may be, under section 129 of the Contributions and Benefits Act throughout that period; or
c
he is, on the first day of his incapacity for work, a person who had received incapacity benefit in the last complete tax year immediately preceding the relevant benefit year he again becomes entitled to it.
.
3
After paragraph (a) of regulation 4(1) of the Social Security (Incapacity Benefit) Regulations 1994 (days not to be treated as days of incapacity for work) there shall be inserted —
aa
a day which is, for the purposes of section 30A(2A)(c) of the Contributions and Benefits Act (period of 196 consecutive days preceding the relevant day), not part of any consecutive days of incapacity;
.
4
After regulation 4 of the Social Security (Incapacity Benefit) Regulations 1994 (days not to be treated as days of incapacity for work) there shall be inserted —
Days to be treated as days of incapacity for work
4A
For the purposes of incapacity benefit for persons incapacitated in youth under section 30A(2A) of the Contributions and Benefits Act, any day in respect of which a person is entitled to statutory sick pay immediately before the relevant day shall be treated as a day of incapacity for work.
.
5
After Part III of the Social Security (Incapacity Benefit) Regulations 1994 (rate of incapacity benefit) there shall be inserted —
PART IV
ADDITIONAL CONDITIONS FOR PERSONS INCAPACITATED IN YOUTH
General
14
This Part of these Regulations applies to persons incapacitated in youth in accordance with section 30A(1)(b) and (2A) of the Contributions and Benefits Act .
Age Exception — Persons aged 20 and under 25
15
1
For the purposes of subsection (2A)(b) of section 30A of the Contributions and Benefits Act (prescribed cases in relation to persons aged under 25 and above the age 20 limit), a person falls within a prescribed case if he satisfies the conditions specified in the following paragraphs.
2
The conditions referred to in paragraph (1) are that, he is a person who —
a
registered on a course of —
i
full-time advanced or secondary education, or
ii
vocational or work-based training,
at least 3 months before he attained the age of 20 years; and
b
not more than one academic term immediately after registration under sub-paragraph (a), attended one or more such courses of education or training as are mentioned in that sub-paragraph in a period referred to in paragraph (3).
3
The period mentioned in paragraph (2)(b) is a period which —
a
began on or before a day at least 3 months before the day he attained the age of 20 years, and
b
ended on a day —
i
immediately before the relevant day, or
ii
falling within one of the last two complete tax years before the benefit year which would have governed a claim for incapacity benefit under section 30A(1)(a) of the Contributions and Benefits Act had he been eligible for it,
whichever is the later.
4
For the purposes of this regulation a person is attending a course of education or training on any day on which the course or training is interrupted by an illness or domestic emergency.
5
For the purposes of this regulation —
“advanced education” means full-time education for the purposes of —
a course in preparation for a degree, a diploma of higher education, a higher national diploma, a higher national diploma of the Business and Technician Education Council or the Scottish Vocational Education Council, or a teaching qualification; or
any other course which is of a standard above ordinary national diploma, a diploma of the Business and Technician Education Council or a national certificate of the Scottish Vocational Education Council, a general certificate of education (advanced level), a Scottish certificate of education (higher grade) or a Scottish certificate of Sixth Year Studies;
“course of education” means a course of advanced education or secondary education;
“full-time” includes part-time where the disability from which a person suffers prevents him from attending a full-time course;
“relevant day” has the same meaning as in section 30A(1) of the Contributions and Benefits Act, that is to say, the day —
in respect of which a person is entitled to claim incapacity benefit;
which falls on any day immediately after a period of 196 consecutive days of incapacity for work; and
which forms part of a period of incapacity for work;
“secondary education” means a full-time course of education below a course of advanced education —
by attendance at a recognised educational establishment within the meaning of section 147(1) of the Contributions and Benefits Act, or
elsewhere than at a recognised educational establishment, where the Secretary of State is satisfied that the education is equivalent to that given in a recognised educational establishment;
“training” has the same meaning as vocational training or work-based training;
“vocational training” means training for work as defined for the purposes of section 30C(6) of the Contributions and Benefits Act and in regulation 3, and includes any training, instruction or tuition (of which the primary purpose is the teaching of occupational or vocational skills) received on a course provided, for persons suffering mental or physical disability, by a person recognised by the Secretary of State; and
“work-based training” means vocational training undertaken on the premises of an employer.
Conditions relating to residence or presence
16
1
The prescribed conditions for the purposes of section 30A(2A)(d) of the Contributions and Benefits Act as to residence or presence in Great Britain in relation to any person on the relevant day shall be that on that day —
a
he is ordinarily resident in Great Britain;
b
he is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999 or he is a person to whom paragraph (5) applies;
c
he is present in Great Britain; and
d
he has been present in Great Britain for a period of, or for periods amounting in aggregate to, not less than 26 weeks in the 52 weeks immediately preceding that day.
2
Where the relevant day falls within a period in which a person —
a
receives tax-free emoluments; or
b
is the spouse of a person who receives tax-free emoluments;
that person shall not be regarded as present in Great Britain unless that period is immediately preceded by a period of 4 years during which he was present in Great Britain for a period of not less than 156 weeks in aggregate.
3
For the purposes of paragraph (2), “tax free emoluments” means emoluments which are exempt from tax under any of the provisions listed in paragraph (1) of regulation 9 of the Child Benefit (General) Regulations 1976 .
4
In determining whether a person satisfies paragraph (1), where a person is absent from Great Britain by reason only of the fact that —
a
he is abroad in his capacity as a serving member of the forces, or he is the spouse, son, daughter, father, father-in-law, mother or mother-in-law of, and living with, a serving member of the forces abroad;
b
he is in employment prescribed for the purposes of section 120 of the Contributions and Benefits Act in connection with continental shelf operations ; or
c
he is abroad in his capacity as an airman within the meaning of regulation 81, or mariner within the meaning of regulation 86, of the Social Security (Contributions) Regulations 1979 ;
any day or period of absence shall be treated as a day on which, or period during which, the person is present or resident, as the case may be, in Great Britain; and for the purposes of this paragraph “serving member of the forces” has the same meaning as in regulation 1(2) of the Social Security (Contributions) Regulations 1979.
5
This paragraph applies where a person is —
a
a member of a family of a national of a State contracting party to 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 ;
b
a person who is lawfully working in Great Britain and is a national of a State with which the Community has concluded an agreement under Article 310 of the Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related Acts providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory State and their families;
c
a person who is a member of a family of, and living with, a person specified in sub-paragraph (b); or
d
a person who has been given leave to enter, or remain in, the United Kingdom by the Secretary of State upon an undertaking by another person or persons pursuant to the immigration rules within the meaning of the Immigration Act 1971 to be responsible for his maintenance and accommodation.
6
A person shall be treated as having satisfied the residence or presence conditions on any subsequent day of incapacity for work falling within the same period of incapacity for work where the residence or presence conditions specified in paragraphs (1) to (4) are satisfied on the first relevant day.
Circumstances in which a person is or is not to be treated as receiving full-time education
17
1
This regulation applies for the purposes of section 30A(7) of the Contributions and Benefits Act (the circumstances in which a person is or is not to be treated as receiving full-time education for the purposes of section 30A(2A)(e) of that Act).
2
A person shall be treated as receiving full-time education for any period during which —
a
he is 16 years of age or over but under the age of 19 years; and
b
he attends a course of education for 21 hours or more in a week.
3
For the purposes of paragraph (2)(b), in calculating the number of hours a week during which a person attends a course, no account shall be taken of any instruction or tuition which is not suitable for persons of the same age and sex who do not suffer from a physical or mental disability.
4
In determining the duration of a period of full-time education under paragraph (2), any temporary interruption of that education may be disregarded.
5
A person who is 19 years of age or over shall not be treated for the purposes of section 30A(2A)(e) of the Contributions and Benefits Act as receiving full-time education notwithstanding he is undergoing a full-time education.
Circumstances in which a previous claimant who does not satisfy the age condition becomes entitled
18
1
This regulation applies, for the purposes of section 30A(6) of the Contributions and Benefits Act , to a person who has previously been entitled to incapacity benefit under section 30A(1)(b) of that Act (persons incapacitated in youth) and does not satisfy the condition set out in section 30A(2A)(b) of that Act (upper age condition).
2
A person shall be entitled to the lower rate short-term incapacity benefit where —
a
he has previously been entitled to incapacity benefit by virtue of having been a person incapacitated in youth under section 30A(1)(b) and (2A) of the Contributions and Benefits Act;
b
his previous entitlement had not been ended by a determination (other than a determination in the circumstances applicable to a person under paragraph (3)(a) or (4)(a)) that he was, or was treated as, capable of work;
c
section 30C(1)(c), (5) or (6) of the Contributions and Benefits Act (days and periods of incapacity for work) or any regulation made under section 30C(4)(b) (linking provisions) does not apply in his case;
d
he is aged 20 years or over, or, where regulation 15 would otherwise apply to him, aged 25 years or over; and
e
he is a person to whom paragraph (3) or (4) applies.
3
This paragraph applies to a person —
a
whose previous entitlement to incapacity benefit for a person incapacitated in youth was terminated solely with a view to him taking up an employment or training;
b
whose earnings from an employment or series of employments, which he pursued in the period from the termination of his previous entitlement to the beginning of his period of incapacity for work, were below the lower earnings limit in accordance with section 5(1)(a) of the Contributions and Benefits Act multiplied by 25 in any of the last three complete tax years before the beginning of the relevant benefit year; and
c
who —
i
in respect of the last two complete tax years before the beginning of the relevant benefit year has either paid or been credited with earnings equivalent in each of those years to the year’s lower earnings limit multiplied by 50, of which at least one, in the last tax year, was in respect of disabled person’s tax credit; or
ii
within a period of 56 days after the day he ceased his last such employment as he pursued in accordance with sub-paragraph (b), makes a claim for incapacity benefit for persons incapacitated in youth.
4
This paragraph applies to a person —
a
whose previous entitlement to incapacity benefit for persons incapacitated in youth was terminated by reason solely of his absence from Great Britain by virtue of disqualification under section 113 of the Contributions and Benefits Act;
b
who has been incapable of work for a period of 196 consecutive days from the day of his absence from Great Britain ceased;
c
who, on the first day of his incapacity for work following the day his absence from Great Britain ceased, is a person who had received incapacity benefit for persons incapacitated in youth in the last complete tax year immediately preceding the relevant benefit year which would have applied in his case; and
d
who made his claim for benefit on a day not later than the 197th day from which his absence from Great Britain ceased.
5
For the purposes of this regulation, “training” has the same meaning as in regulation 15.
Persons formerly entitled to severe disablement allowance
19
1
Where a person was below the age of 20 years immediately before 6th April 2001 and was entitled to, or receiving, severe disablement allowance by virtue of section 68(1) of the Contributions and Benefits Act on or immediately before 5th April 2002, he shall, if he continues to be incapable of work in accordance with Part XIIA of the Contributions and Benefits Act, be —
a
entitled to the long-term incapacity benefit from 6th April 2002; and
b
treated as having acquired entitlement under section 30A(1)(b) and (2A) of the Contributions and Benefits Act; and
c
treated as if section 30DD of the Contributions and Benefits Act does not apply in his case.
2
Where a person was below the age of 20 years immediately before 6th April 2001 and was entitled to, or receiving, severe disablement allowance by virtue of section 68(1) of the Contributions and Benefits Act and to whom section 30C(1) to (4) or section 68(10) or (10A), or regulations made under section 30C(4)(b), of that Act applied on or immediately after 5th April 2002, he shall be —
a
entitled to the long-term incapacity benefit from the relevant day; and
b
treated as having acquired entitlement under section 30A(1)(b) and (2A) of the Contributions and Benefits Act; and
c
treated as if section 30DD of the Contribution and Benefits Act does not apply in his case.
PART V
REDUCTION OR ABATEMENT OF INCAPACITY BENEFIT FOR OCCUPATIONAL OR OTHER PENSION PAYMENTS
Permanent health insurance
20
For the purposes of section 30DD of the Contributions and Benefits Act (incapacity benefit: reduction for pension payments) —
a
pension payment shall include permanent health insurance payment; and
b
“permanent health insurance payment” means any periodical payment arranged by an employer under an insurance policy providing benefits in connection with physical or mental illness, disability, infirmity or defect, in relation to a former employee on the termination of his employment.
Disregard of certain pension payments
21
For the purposes of section 30DD(1) of the Contributions and Benefits Act (reduction for pension payments), there shall be disregarded —
a
any pension payment within the meaning of section 30DD(5) of the Contributions and Benefits Act made to a person as a beneficiary on the death of a member of any pension scheme;
b
where a pension scheme is in deficit or has insufficient resources to meet the full pension payment, the extent of the shortfall; or
c
any permanent health insurance payment in respect of which the employee had contributed to the premium to the extent of more than 50 per cent..
Date from which pension payment is to be taken into account
22
Where section 30DD(1) of the Contributions and Benefits Act (reduction for pension payments) applies, deductions shall have effect, calculated, where appropriate, in accordance with regulation 24 (pension payments made other than weekly), from the first day of the week, commencing on Sunday, in which the pension payment is paid to a person who is entitled to incapacity benefit in that week.
Date from which the change in the rate of pension takes effect
23
Where pension payments are already in payment to a person and the rate of payment changes, the deduction at the new rate shall take effect, calculated, where appropriate, in accordance with regulation 24 (pension payments made other than weekly), from the first day of the week, commencing on Sunday, in which the new rate of the pension payment is paid.
Pension payment made other than weekly
24
1
Where a pension payment, or an aggregate of such payments, as the case may be, is paid to a person for a period other than a week, such payments shall be treated as being made to that person by way of weekly pension payments and the weekly amount shall be determined —
a
where payment is made for a year, by dividing the total by 52;
b
where payment is made for 3 months, by dividing the total by 13;
c
where payment is made for a month, by multiplying the total by 12 and dividing the result by 52;
d
where payment is made for 2 or more months, otherwise than for a year or for 3 months, by dividing the total by the number of months, multiplying the result by 12 and dividing the result of that multiplication by 52; or
e
in any other case, by dividing the amount of the payment by the number of days in the period for which it is made and multiplying the result by 7.
2
In determining the weekly amount of the pension payment —
a
there shall be disregarded the sum of less than one half of a penny; and
b
the sum of one half of a penny or more but less than one penny shall be rounded up to one penny.
3
In determining the weekly pension payment, where two or more pension payments are payable to a person, each pension payment shall be calculated separately in accordance with paragraph (1) before aggregating the sum of those payments for the purposes of the reduction of the benefit in accordance with section 30DD(1) of the Contributions and Benefits Act.
Priority of deductions of pension payments taken as payable for the purposes of reduction of incapacity benefit
25
Where a reduction in the rate of incapacity benefit payable to a person falls to be made in accordance with section 30DD(1) of the Contributions and Benefits Act the reduction shall be made, so far as is necessary —
a
initially against so much of the benefit as falls to be paid at the personal rate;
b
then against any increase in the benefit payable for adult dependants; and
c
finally against any increase in the benefit payable for dependent children.
Person whose benefit is not to be reduced under section 30DD(1)
26
Section 30DD(1) of the Contributions and Benefits Act (reduction of incapacity benefit for pension payments) shall not apply to a person who is entitled to the highest rate of the care component of disability living allowance under section 72 of the Contributions and Benefits Act.
.
Amendment of the Social Security (Claims and Payments) Regulations 1987
3
Regulation 24 of the Social Security (Claims and Payments) Regulations 1987 (incapacity benefit, maternity allowance and severe disablement allowance) shall be amended as follows —
a
in paragraph (1), for the words “and (3)” there shall be substituted “, (3) and (3A)”;
b
in paragraph (2), for the words “paragraph (3)” there shall be substituted “paragraphs (3) and (3A)”;
c
after paragraph (3), there shall be inserted —
3A
Where the amount of incapacity benefit payable after reduction for pension payments under section 30DD of the Social Security Contributions and Benefits Act 1992 (including any reduction for other purposes) is less than £5.00 a week, the Secretary of State may direct that it shall be paid (whether in advance or in arrears) at such intervals as may be specified not exceeding 12 months.
.
Amendment of the Social Security (Credits) Regulations 1975
4
The Social Security (Credits) Regulations 1975 shall be amended in accordance with the following paragraphs —
a
in regulation 8A(1) (credits for unemployment), the words “Subject to regulation 9,” shall be omitted;
b
in regulation 8B(1) (credits for incapacity for work), the words “Subject to regulation 9,” shall be omitted; and
c
regulation 9 (crediting of earnings for the purposes of entitlement to short-term incapacity benefit — further conditions) shall be omitted.
Amendment of the Social Security (Payments on Account, Overpayments and Recovery) Regulations 1988
5
In regulation 5(2) of the Social Security (Payments on Account, Overpayments and Recovery) Regulations 1988 (offsetting prior payment against subsequent award), in Case 3 (child benefit and severe disablement allowance), in heads (a) and (b), after the word “allowance”, in the two places it occurs, there shall be inserted “or incapacity benefit for persons incapacitated in youth in accordance with section 30A(1)(b) and (2A) of the Contributions and Benefits Act ”.
Saving
6
Where, on any day before the coming into force of these Regulations, a person is entitled to incapacity benefit and continues, on that day or any day immediately after the coming into force of these Regulations, to be entitled to incapacity benefit, whether or not by virtue of section 30C of the Social Security Contributions and Benefits Act 1992 , the Social Security (Incapacity Benefit) Regulations 1994 shall have effect as if these Regulations had not been made.
Signed by authority of the Secretary of State for Social Security.
Hugh Bayley
Parliamentary Under-Secretary of State,
Department of Social Security
22nd November 2000


text:
1
These Regulations may be cited as the Burma (Sale, Supply and Export of Goods) (Penalties) Regulations 2000 and shall come into force on 25th May 2000.
2
Any person who infringes —
a
the prohibition in Article 1 of Council Regulation ( EC ) No. 1081/2000 concerning the reduction of certain economic relations with Burma; or
b
the prohibition in Article 5 of that Regulation (concerning the participation in related activity) so far as respects the matters referred to in Article 1,
shall be guilty of an offence and may be arrested.
3
1
A person guilty of an offence under regulation 2 above shall be liable:
a
on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or to both; or
b
on summary conviction, to a fine not exceeding the statutory maximum.
2
Notwithstanding that the offence in regulation 2 above is not, by virtue of the term of imprisonment for which a person may be sentenced in respect of it, an arrestable offence within the meaning of the Police and Criminal Evidence Act 1984 and the Police and Criminal Evidence (Northern Ireland) Order 1989 , section 24(2) of that Act (in England and Wales) and Article 26(2) of that Order (in Northern Ireland) shall apply to the offence as if it were mentioned therein, and the offence shall accordingly be an arrestable offence within the meaning of the Act and the Order.
3
Section 138 of the Customs and Excise Management Act 1979 (provision as to arrest of persons) shall apply to the arrest of any person for an offence under regulation 2 above as it applies to the arrest of any person for an offence under the customs and excise Acts.
4
Sections 145 to 148 and 150 to 155 of the Customs and Excise Management Act 1979 (proceedings for offences, mitigation of penalties, proof and other matters) shall apply in relation to offences and penalties under these regulations and proceedings for such offences as they apply in relation to offences and penalties and proceedings for offences under the customs and excise Acts.
5
In this regulation, “customs and excise Acts” has the same meaning as in section 1 of the Customs and Excise Management Act 1979.
Alan Johnson,
Parliamentary Under Secretary of State for Competitiveness,
Department of Trade and Industry
24th May 2000.


text:
1
This Order may be cited as the Finance Act 2000, section 5, (Appointed Day) Order 2000.
2
The day appointed as the day on which section 5 of the Finance Act 2000 comes into force is 1st October 2000.
M J Hanson
Commissioner of Customs and Excise
New King’s Beam House
29th September 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North East Lincolnshire Primary Care Trust (Establishment) Order 2000 and shall come into force on 11th February 2000.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the Act and any service which he has a duty to provide under section 5(1) or (1A) of the Act ;
“establishment date” means the date of coming into force of this Order;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the North East Lincolnshire Primary Care Trust established by article 2 of this Order.
Establishment and name of the Primary Care Trust
2
There is hereby established a Primary Care Trust which is to be called the North East Lincolnshire Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 6 officer members and 6 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of Chief Executive and Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
3 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st April 2000.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The South Humber Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The South Humber Health Authority shall make officers available to the trust during the preparatory period.
4
The North East Lincolnshire National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Exercise of functions
8
In exercising the functions conferred on it under section 17A(1) of the Act the trust shall not provide services directly to patients, other than community health services.
Signed by authority of the Secretary of State
John Denham
Minister of State,
Department of Health
1st February 2000


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Council Tax (Liability for Owners) (Amendment) (England) Regulations 2000 and shall come into force on 3rd April 2000.
2
These Regulations extend to England only .
Liability for owners — asylum seekers
2
After the description of Class E in regulation 2 of the Council Tax (Liability for Owners) Regulations 1992 insert the following provision:
Class F a dwelling provided to an asylum seeker under, or under arrangements made under, section 95 of the Immigration and Asylum Act 1999 .
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
2nd March 2000


text:
1
This Order may be cited as the Public Telecommunication System Designation (M3COM (UK) Limited) Order 2000 and shall come into force on 23rd November 2000.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Patricia Hewitt,
Minister of State for Small Business and E Commerce,
Department of Trade and Industry
18th October 2000


text:
Citation and commencement
1
This Order may be cited as the Derby North East Education Action Zone Order 2000 and shall come into force on 17th April 2000.
Interpretation
2
In this Order —
“partners” means those persons listed in Schedule 1 to this Order; and
“zone school” means a school listed in Schedule 2 to this Order.
Constitution of education action zone
3
The schools listed in Schedule 2 to this Order shall constitute collectively an education action zone under the name of the Derby North East Education Action Zone (“the zone”) for the purposes of Chapter III of Part I of the School Standards and Framework Act 1998.
Education Action Forum
4
There shall be an Education Action Forum for the zone to be known as the Derby North East Education Action Forum (“the Forum”), the membership of which shall include —
a
one person appointed by the governing body of each zone school, unless any such governing body choose not to make such an appointment;
b
either one or two persons appointed by the Secretary of State; and
c
one person appointed by each partner, unless any partner chooses not to make such an appointment.
5
The Forum may at any time appoint additional members as follows —
a
up to four persons who are elected members of Derby City Council for electoral wards which comprise part of the area served by the zone;
b
one person nominated by Derby City Council;
c
up to two persons who appear to the Forum to represent the interests of business, industry or commerce in the area served by the zone;
d
up to three persons who appear to represent the voluntary, community or charitable sectors in the area served by the zone;
e
up to three persons who are parents of children of compulsory school age attending zone schools;
f
up to four persons who appear to the Forum to be able to further the improvement of standards at zone schools;
g
one person who is a member of a trade union representing teaching staff employed at zone schools;
h
one person who is a member of a trade union representing non-teaching staff employed at zone schools.
Disqualification for membership of the Forum
6
Articles 7 to 9 shall have effect for the purpose of prescribing the circumstances and cases in which a person is to be disqualified for holding, or contining to hold, office as a member of the Forum.
Disqualification for membership of the Forum — bankruptcy etc.
7
1
Subject to the provisions of this article, a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if he has been adjudged bankrupt or has made a composition or arrangement with his creditors; and a member, on becoming so disqualified, shall give written notice of the fact to the secretary to the Forum.
2
Where a person is disqualified by reason of his having been adjudged bankrupt, that disqualification shall cease —
a
unless the bankruptcy order made against that person is previously annulled, on his discharge from bankruptcy; and
b
if the bankruptcy order is so annulled, on the date of the annulment.
3
Where a person is disqualified by reason of his having made a composition or arrangement with his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed and in any other case it shall cease on the expiration of three years from the date on which the terms of the deed of composition or arrangement are fulfilled.
Disqualification for membership of the Forum — criminal convictions
8
1
Subject to paragraph (2) a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if —
a
within five years before his appointment would otherwise have taken effect or since his appointment, he has been convicted, whether in the United Kingdom or elsewhere, 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
within twenty years before his appointment would otherwise have taken effect, he has been convicted as aforesaid and has had passed on him a sentence of imprisonment for a period of more than two and a half years; or
c
he has at any time been convicted as aforesaid and has had passed on him a sentence of imprisonment of not less than five years.
2
For the purposes of this article there shall be disregarded any conviction by or before a court outside the United Kingdom of an offence in respect of conduct which, if it had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom.
Disqualification — absence from meetings
9
Any member of the Forum who, without the consent of the Forum, has failed to attend the meetings thereof for a continuous period of six months beginning with the date of a meeting shall, on the expiry of that period, be disqualified for continuing to be a member of the Forum without prejudice however, to his re-appointment.
10
A member of the Forum may be removed from office by the Forum in the following circumstances — :
a
in the case of a member who was a governor of a zone school at the time he was appointed to the Forum pursuant to article 4(a), if that person ceases to be a governor at that zone school;
b
in the case of any member appointed pursuant to article 4(a), if the school referred to in article 4(a) closes or ceases to form part of the zone;
c
in the case of a member appointed pursuant to article 4(b) if the company or charity in question is dissolved;
d
in the case of a member appointed pursuant to article 5(a), (c), (d), (e), (g) or (h) if that member no longer meets the description set out in the paragraph under which he was appointed.
Chairman’s tenure of office
11
The chairman of the Forum elected in accordance with paragraph 2 of Schedule 1 to the School Standards and Framework Act 1998, shall hold office for one year from the date of his election (unless he resigns his office earlier), without prejudice to his eligibility to be re-elected for a further such period.
Estelle Morris
Minister of State,
Department for Education and Employment
22nd March 2000


text:
1
This Order may be cited as the Immigration (Control of Entry through Republic of Ireland) (Amendment) Order 2000 and shall come into force on 30th July 2000.
2
In article 4(2) of the Immigration (Control of Entry through Ireland) Order 1972 , after “shall not apply to any person”, there is inserted “who arrives in the United Kingdom with leave to enter or remain in the United Kingdom which is in force but which was given to him before his arrival or”.
Barbara Roche
Minister of State
Home Office
6th July 2000


text:
Citation and commencement
1
This Order may be cited as the GLA Side Roads (London Borough of Croydon) Designation Order 2000 and shall come into force on 19th June 2000.
Designation of GLA side roads
2
1
The roads in the London borough of Croydon specified in the Schedule to this Order are hereby designated as GLA side roads .
2
The description of a road includes the intersection of that road and any other road that crosses it at the same level.
3
In the Schedule “m” means metres.
4
In accordance with section 124A(2) of the Road Traffic Regulation Act 1984, 3rd July 2000 is hereby specified as the date on which the designated roads are to become GLA side roads.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
8th May 2000


text:
1
This Order may be cited as the Income and Corporation Taxes Act 1988, Section 559(4A), Order 2000 and shall come into force on 6th April 2000 immediately after the bringing into effect of section 139(1) of the Finance Act 1995 .
2
The relevant percentage determined for the purposes of section 559(4) and (4A) of the Income and Corporation Taxes Act 1988 is 18 per cent.
Jim Dowd
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
30th March 2000


text:
Title, extent and commencement
1
These Regulations may be cited as the Potatoes Originating in Egypt (Amendment) (England) Regulations 2000, shall apply to England and shall come into force on 7th February 2000.
Amendment of the Potatoes Originating in Egypt Regulations 1998
2
1
The Potatoes Originating in Egypt Regulations 1998 shall be amended in their application to England in accordance with paragraphs (2) and (3) below.
2
In regulation 2 (interpretation) for the definition of “the Decision” there shall be substituted —
“the Decision” means Commission Decision 96/301/ EC authorising member States temporarily to take additional measures against the dissemination of Pseudomonas solanacearum (Smith) Smith as regards Egypt as amended by Commission Decision 98/105/EC authorising member States temporarily to take emergency measures against the dissemination of Pseudomonas solanacearum (Smith) Smith as regards Egypt , Commission Decision 98/503/EC authorising member States temporarily to take emergency measures against the dissemination of Pseudomonas solanacearum (Smith) Smith as regards Egypt and Commission Decision 99/842/EC authorising member States temporarily to take emergency measures against the dissemination of Pseudomonas solanacearum (Smith) Smith as regards Egypt ;
.
3
In regulation 3(2) (imports of potatoes originating in Egypt) and regulation 5A(1) (charges in respect of the sampling of imports of potatoes), for the words “ Pseudomonas solanacearum (Smith) Smith”, there shall be substituted “ Ralstonia solanacearum (Smith) Yabuuchi et al.” .
Hayman
Minister of State, Ministry of Agriculture, Fisheries and Food
10th January 2000


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Child Support (Voluntary Payments) Regulations 2000 and shall come into force on the day on which section 28J of the Act as inserted by the Child Support, Pensions and Social Security Act 2000 comes into force.
2
In these Regulations —
“the Act” means the Child Support Act 1991;
“debit card” means a card, operating as a substitute for a cheque, that can be used to obtain cash or to make a payment at a point of sale whereby the card holder’s bank or building society account is debited without deferment of payment;
“the Maintenance Calculations and Special Cases Regulations ” means the Child Support (Maintenance Calculations and Special Cases) Regulations 2000 ;
“the qualifying child’s home” means the home in which the qualifying child resides with the person with care and “home” has the meaning given in regulation 1 of the Maintenance Calculations and Special Cases Regulations; and
“relevant person” means —
a person with care;
a non-resident parent;
a parent who is treated as a non-resident parent under regulation 8 of the Maintenance Calculations and Special Cases Regulations;
where the application for a maintenance calculation is made by a child under section 7 of the Act, that child,
in respect of whom a maintenance calculation has been applied for, or has been treated as applied for, under section 6(3) of the Act, or is or has been in force.
Voluntary payment
2
1
A payment counts as a voluntary payment if it is —
a
made in accordance with section 28J(2) and (4) of the Act;
b
of a type to which regulation 3 applies;
c
made on or after the effective date of the maintenance calculation made, or which would be made but for the Secretary of State’s decision not to make one, and for this purpose “effective date” means the effective date as determined in accordance with the Child Support (Maintenance Calculation Procedure) Regulations 2000 ; and
d
a payment in relation to which evidence or verification of a type to which regulation 4 applies is provided, if the Secretary of State so requires.
2
Where the Secretary of State is considering whether a payment is a voluntary payment, he may invite representations from a relevant person.
Types of payment
3
This regulation applies to a payment made by the non-resident parent —
a
by any of the following methods —
i
in cash;
ii
by standing order;
iii
by any other method which requires one person to give his authority for payments to be made from an account of his to an account of another on specific dates during the period for which the authority is in force and without the need for any further authority from him;
iv
by an arrangement whereby one person gives his authority for payments to be made from an account of his, or on his behalf, to another person or to an account of that other person;
v
by cheque or postal order; or
vi
by debit card, and
b
which is, or is in respect of, —
i
a payment in lieu of child support maintenance and which is paid to the person with care;
ii
a mortgage or loan taken out on the security of the property which is the qualifying child’s home where that mortgage or loan was taken out to facilitate the purchase of, or to pay for essential repairs or improvements to, that property;
iii
rent on the property which is the qualifying child’s home;
iv
mains-supplied gas, water or electricity charges at the qualifying child’s home;
v
council tax payable by the person with care in relation to the qualifying child’s home;
vi
essential repairs to the heating system in the qualifying child’s home; or
vii
repairs which are essential to maintain the fabric of the qualifying child’s home.
Evidence or verification of payment
4
This regulation applies to —
a
evidence provided by the non-resident parent in the form of —
i
a bank statement;
ii
a duplicate of a cashed cheque;
iii
a receipt from the payee; or
iv
a receipted bill or invoice; or
b
verification orally or in writing from the person with care.
Signed by authority of the Secretary of State for Social Security.
P. Hollis
Parliamentary Under-Secretary of State,
Department of Social Security
30th November 2000


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Payments on account, Overpayments and Recovery) Amendment Regulations 2000 and shall come into force on 2nd October 2000.
Amendment of regulation 16 of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988
2
1
Regulation 16 of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988 (limitations on deductions from prescribed benefits) shall be amended in accordance with the following provisions of this regulation.
2
For paragraph (5) there shall be substituted the following paragraph —
5
Where a person responsible for the misrepresentation of or failure to disclose a material fact has, by reason thereof —
a
been found guilty of an offence whether under statute or otherwise; or
b
made an admission after caution of deception or fraud for the purpose of obtaining benefit; or
c
agreed to pay a penalty under section 115A of the Social Security Administration Act 1992 and the agreement has not been withdrawn,
the amount mentioned in paragraph (4)(a) shall be 4 times 5 per cent. of the personal allowance for a single claimant aged not less than 25, that 5 per cent. being, where it is not a multiple of 10 pence, rounded to the nearest 10 pence or, if it is a multiple of 5 pence but not of 10 pence, the next higher multiple of 10 pence.
.
3
In paragraph (8) —
a
before the definition of “benefit week” there shall be inserted the following definition —
“admission after caution” means —
in England and Wales, an admission after a caution has been administered in accordance with a Code issued under the Police and Criminal Evidence Act 1984 ;
in Scotland, an admission after a caution has been administered, such admission being duly witnessed by two persons;
; and
b
the definition of “written statement after caution” shall be omitted.
Transitional provision
3
These Regulations shall not apply to a misrepresentation of or failure to disclose a material fact which occurred before the Regulations come into force.
Alistair Darling
Secretary of State for Social Security
31st August 2000


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) Regulations 2000 and shall come into force on 1st November 2000.
Amendment of Motor Vehicles (Driving Licences) Regulations 1999
2
The Motor Vehicles (Driving Licences) Regulations 1999 are amended in accordance with the following regulations.
3
In regulation 65(2)(b), for the words “these Regulations” shall be substituted “the Motor Vehicles (Driving Licences) Regulations 1996” .
4
For the table in Part 1 of Schedule 3 (table of licence fees) there shall be substituted the table in Schedule 1 below.
Signed by the authority of the Secretary of State
Larry Whitty
Parliamentary Under Secretary of State
Department of the Environment, Transport and the Regions
4th October 2000
We approve the making of these Regulations
Bob Ainsworth
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
10th October 2000


text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2000 and shall come into force on 2nd October 2000.
2
In these Rules, “the 1998 Rules ” means the Special Immigration Appeals Commission (Procedure) Rules 1998 .
Amendment of the 1998 Rules
2
In the Arrangement of Rules of the 1998 Rules, after the entry relating to rule 9 “Notice of appeal”, there shall be inserted the following entry “9A Additional grounds for appealing”.
3
In rule 2 of the 1998 Rules (Interpretation), after the entry relating to the 1997 Act, there shall be inserted the following entry —
“the 1999 Act ” means the Immigration and Asylum Act 1999 ;
.
4
In rule 5(1)(b) of the 1998 Rules (Notices etc. ), for the words “the Appeal Support Section of the Asylum Directorate of the Home Office” there shall be substituted the words “an address or fax number specified by him”.
5
For rule 6 of the 1998 Rules (Application of Part II), there shall be substituted the following rule —
Application of Part II
6
1
Subject to paragraph (2), this Part applies to appeals brought under section 2 of the 1997 Act and to appeals transferred to the Commission under subsection (3) or (5) of section 78 of the 1999 Act where an appeal has been or may be made under section 2(1) of the 1997 Act.
2
The provisions of this Part shall not —
a
prejudice steps already taken in respect of an appeal transferred under either of those subsections, or
b
require any step to be taken under these Rules which is equivalent to a step which has already been taken in respect of such an appeal.
.
6
1
Rule 7 of the 1998 Rules (The special advocate) shall be amended as follows.
2
In paragraph (1), the words “a copy of” shall be omitted.
7
For rule 8 of the 1998 Rules (Time limit for appealing), there shall be substituted the following rule —
Time limit for appealing
8
1
The appellant shall give notice of an appeal no later than —
a
5 days after receiving the notice of the decision being appealed against, where the appellant appeals in the United Kingdom; or
b
28 days after receiving the notice of the decision being appealed against, where the appellant appeals from outside the United Kingdom.
2
The period specified in paragraph (1) shall begin from the end of the day on which the notice of the decision being appealed against was received.
3
Where the period specified under paragraph (1) expires on an excluded day, the notice of appeal shall be taken to have been served as required if served on the next day that is not an excluded day.
4
Where the period specified under paragraph (1)(a) includes an excluded day, that day shall be discounted.
5
The notice of appeal shall be taken to have been served as required on the day on which it is received at the address or fax number specified in the notice of the decision against which the appeal is made.
6
“Excluded day” means a Saturday, a Sunday, a bank holiday, Christmas Day, 27th to 31st December or Good Friday.
7
“Bank holiday” means a day that is specified in, or appointed under, the Banking and Financial Dealings Act 1971 .
.
8
For rule 9 of the 1998 Rules (Notice of appeal), there shall be substituted the following rule —
Notice of appeal
9
1
An appeal to the Commission shall be made by sending to the Secretary of State a notice of appeal by hand, by fax or by post to the address or fax number specified in the document which informed him of the decision against which he is appealing.
2
The notice of appeal shall set out the grounds for the appeal.
3
The notice of appeal shall state the name and address of the appellant and the name and address of any representative of the appellant.
4
The appellant or his representative shall sign the notice of appeal.
5
The appellant shall attach to the notice of appeal —
a
a copy of the document which informed him of the decision against which he is appealing; and
b
where a notice has been served on the appellant under section 74(4) of the 1999 Act, a statement form, on which additional grounds which he has or may have for wishing to enter or remain in the United Kingdom may be stated, whether or not that form has been completed.
6
As soon as practicable after he receives a notice of appeal in a case where no such grounds have been stated, the Secretary of State shall send that notice, together with any documents attached to it under paragraph (5), to the Commission.
.
9
After rule 9 of the 1998 Rules, there shall be inserted the following rule —
Additional grounds for appealing
9A
1
Where the appellant is treated as appealing on additional grounds by virtue of section 77(2) of the 1999 Act, he shall serve any variation of his grounds of appeal on the Secretary of State no later than 5 days after he received the supplementary grounds of refusal.
2
As soon as practicable after this period, the Secretary of State shall send to the Commission —
a
the notice of appeal, together with any documents attached to it under rule 9(5),
b
any supplementary grounds for refusal, and
c
any variation of the grounds of appeal.
3
For the purpose of calculating the period specified in paragraph (1), paragraphs (2) to (7) of rule 8 shall apply as if the variation of grounds of appeal were a notice of appeal and the supplementary grounds of refusal were the notice of the decision against which the appeal is made.
4
In this rule, “supplementary grounds of refusal” means the reasons given by the Secretary of State for maintaining the decision being appealed against after consideration by him of the additional grounds.
.
10
In rule 10(1) of the 1998 Rules (Secretary of State’s reply), the words “, no later than 42 days after receiving a copy of the notice of appeal” shall be omitted.
11
For paragraphs (1) and (2) of rule 12 of the 1998 Rules (Amendment and supplementary grounds), there shall be substituted the following paragraphs —
1
Subject to paragraph (1A), the appellant may amend his notice of appeal or deliver supplementary grounds of appeal.
1A
Where the Secretary of State has provided material under rule 10, the appellant shall obtain the leave of the Commission before amending his notice of appeal or delivering supplementary grounds of appeal under paragraph (1).
2
The appellant shall send any proposed amended notice of appeal or supplementary grounds of appeal to the Secretary of State who shall, as soon as practicable, send a copy to the Commission.
.
12
For rule 13(3) of the 1998 Rules (Directions), there shall be substituted the following paragraph —
3
The Commission may —
a
subject to any specific provision of the Rules, specify time limits for steps to be taken in the proceedings; and
b
extend any time limit.
.
13
In rule 22(1) of the 1998 Rules (Notification to appellant before determination), for the words “makes a determination” there shall be substituted the words “determines the appeal”.
14
For paragraphs (3) and (4) of rule 26 of the 1998 Rules (Application for bail: procedure), there shall be substituted the following paragraph —
3
Rules 8, 9 and 9A shall not apply to bail applications.
.
Irvine of Lairg, C.
14th July 2000


text:
Citation, extent, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Republic of Ireland Schemes Exemption) Regulations 2000 and shall come into force on 31st December 2000.
2
Regulation 11 of these Regulations, and this regulation, in so far as it applies to that regulation, extend to Northern Ireland.
3
In these Regulations —
“the 1995 Act ” means the Pensions Act 1995 ;
“Republic of Ireland scheme” means an occupational pension scheme established in the Republic of Ireland under an irrevocable trust which has, or has had, at least one member in pensionable service in Great Britain or which has at least one member who has pension credit rights , and which is a scheme —
that is wholly or mainly administered in the Republic of Ireland;
to which section 611(3) of the Income and Corporation Taxes Act 1988 (split approved schemes) applies and which has been approved by the Commissioners of the Inland Revenue under any provisions of that Act relating to the approval of occupational pension schemes for the purpose of tax or which has applied for such approval and whose application has not yet been determined; and
which has been approved under any provisions in force under the law of the Republic of Ireland relating to the approval of occupational pension schemes for the purposes of tax or which has applied for such approval and whose application has not yet been determined;
“member” in relation to a Republic of Ireland scheme, means —
a person who is in pensionable service under the scheme (which for the purposes of these regulations includes a person who is in pensionable service under a secondment); or
a person (other than one who is in pensionable service) who has accrued rights to benefit under the scheme either by virtue of pensionable service under the scheme or by virtue of a transfer credit or a pension credit; or
a person who is entitled to the present payment of pension or other benefits under the scheme; and
“the Schedule” means the Schedule to these Regulations.
Exemption of Republic of Ireland schemes — general provision
2
Where a Republic of Ireland scheme has at least one member who is, or has been, in pensionable service under the scheme in the Republic of Ireland, it shall be —
a
exempt from the requirements of any provision of the 1995 Act which is listed in the Schedule; and
b
subject to the exemptions from the requirements of any regulations which are provided for by regulations 6 to 12 of these Regulations.
Exemption of Republic of Ireland schemes from section 27 of the 1995 Act
3
For the purposes of section 27 of the 1995 Act (trustees not to be auditor or actuary of the scheme), references in that section to a trustee of a trust scheme shall not include a trustee of any scheme which is a Republic of Ireland scheme within the meaning of these Regulations.
Information to be given to members
4
1
The trustees or managers of a Republic of Ireland scheme shall, —
a
in relation to any member who is resident in Great Britain on the date on which these Regulations come into force, or who becomes resident in Great Britain after that date, notify that person in writing within the period of 12 months commencing on that date, or within the period of 12 months commencing on the date on which the member became resident in Great Britain, whichever is the later; and
b
in relation to any person who is resident in Great Britain and who becomes a member of the Republic of Ireland scheme after the date on which these Regulations come into force, notify that person in writing within the period of 2 months commencing on the date on which that person became a member of the scheme,
that the scheme is a Republic of Ireland scheme within the meaning of these Regulations and that it is exempt, as provided for by these Regulations, from the regulatory requirements of the 1995 Act or of any regulations.
2
Any information which the trustees or managers of a Republic of Ireland scheme are required to provide under paragraph (1) of this regulation to a member who is not employed in any employment to which the scheme relates shall be treated as having been provided by them if it was sent by post to that member at his last known address.
Penalties
5
Where any person fails, without reasonable cause, to comply with any of the requirements imposed by regulation 4 of these Regulations, the Occupational Pensions Regulatory Authority may require that person to pay, within the period ending 28 days after the date of its imposition, a penalty which shall —
a
in the case of an individual not exceed £1,000; and
b
in any other case not exceed £10,000.
Amendment of the Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996
6
1
The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996 shall be amended as follows.
2
After sub-paragraph (n) of regulation 4(1) (exemptions from member-nominated trustee requirements), there shall be inserted the following sub-paragraph:
o
which is a Republic of Ireland scheme within the meaning of the Occupational Pension Schemes (Republic of Ireland Schemes Exemption) Regulations 2000.
.
3
After sub-paragraph (o) of regulation 6(1) (exemptions from member-nominated director requirements), there shall be inserted the following sub-paragraph:
p
which is a Republic of Ireland scheme within the meaning of the Occupational Pension Schemes (Republic of Ireland Schemes Exemption) Regulations 2000.
.
Amendment of the Occupational Pension Schemes (Disclosure of Information) Regulations 1996
7
In regulation 2(2) of the Occupational Pension Schemes (Disclosure of Information) Regulations 1996 (application of the Regulations) after sub-paragraph (a) there shall be inserted the following sub-paragraph:
aa
which is a Republic of Ireland scheme within the meaning of the Occupational Pension Schemes (Republic of Ireland Schemes Exemption) Regulations 2000;
.
Amendment of the Occupational Pension Schemes (Scheme Administration) Regulations 1996
8
In regulation 12(2) of the Occupational Pension Schemes (Scheme Administration) Regulations 1996 (requirement for trustees to keep books and records) , after the words “descriptions referred to in regulation 3(1)(c), (f), (g) and (i)”, there shall be inserted the words “or to a scheme which is a Republic of Ireland scheme within the meaning of the Occupational Pension Schemes (Republic of Ireland Schemes Exemption) Regulations 2000”.
Amendment of the Occupational Pension Schemes (Requirement to obtain Audited Accounts and a Statement from the Auditor) Regulations 1996
9
After paragraph (2) of regulation 2 of the Occupational Pension Schemes (Requirement to obtain Audited Accounts and a Statement from the Auditor) Regulations 1996 (requirement of trustees or managers to obtain documents) , there shall be inserted the following paragraph:
2A
The requirement to obtain accounts in accordance with paragraph (1)(a) or an auditor’s statement in accordance with paragraph (1)(b) shall not apply to any scheme which is a Republic of Ireland scheme within the meaning of the Occupational Pension Schemes (Republic of Ireland Schemes Exemption) Regulations 2000.
.
Amendment of the Occupational Pension Schemes (Investment) Regulations 1996
10
1
The Occupational Pension Schemes (Investment) Regulations 1996 shall be amended in accordance with the following paragraphs of this regulation.
2
After sub-paragraph (b) of regulation 2(2) (schemes to which regulation 5 of the Regulations does not apply) there shall be inserted the following sub-paragraph:
c
which are Republic of Ireland schemes within the meaning of the Occupational Pension Schemes (Republic of Ireland Schemes Exemption) Regulations 2000.
.
3
After sub-paragraph (c) of regulation 10(3) (exemptions from section 35 of the 1995 Act) there shall be inserted the following sub-paragraph —
cc
a Republic of Ireland scheme within the meaning of the Occupational Pension Schemes (Republic of Ireland Schemes Exemption) Regulations 2000;
.
Amendment of the Register of Occupational and Personal Pension Schemes Regulations 1997
11
After paragraph (3) of regulation 1 of the Register of Occupational and Personal Pension Schemes Regulations 1997 (citation, extent, commencement and interpretation) , there shall be inserted the following paragraph:
3A
Regulations 2 to 6 and 8 and 9 of these Regulations do not apply to any scheme which is a Republic of Ireland scheme within the meaning of the Occupational Pension Schemes (Republic of Ireland Schemes Exemption) Regulations 2000 or within the meaning of any regulations which make corresponding provision which are in force in Northern Ireland.
.
Amendment of the Occupational and Personal Pension Schemes (Levy) Regulations 1997
12
After paragraph (2) of regulation 1 of the Occupational and Personal Pension Schemes (Levy) Regulations 1997 (citation, commencement and interpretation) , there shall be inserted the following paragraph:
3
These Regulations do not apply to any scheme which is a Republic of Ireland scheme within the meaning of the Occupational Pension Schemes (Republic of Ireland Schemes Exemption) Regulations 2000.
.
Signed by authority of the Secretary of State for Social Security.
Jeff Rooker
Minister of State,
Department of Social Security
5th December 2000.


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Vocational Training Grants (Agriculture and Forestry) Regulations 2000 and shall come into force on 5th December 2000.
2
These Regulations shall extend to England only.
Interpretation
2
1
In these Regulations —
“agricultural” has the meaning given to it by section 109(3) of the Agriculture Act 1947 ;
“applicant” means a person who has made an application pursuant to regulation 4, the result of which is still pending;
“approved project” means a project which has been approved by the Minister under these Regulations and “approve” and “approval” shall be construed accordingly;
“Community assistance” means assistance from the European Agricultural Guidance and Guarantee Fund granted pursuant to the Community legislation;
“the Community legislation” means the instruments listed in the Schedule to these Regulations, in so far as they relate to support for vocational training pursuant to Article 9 of Council Regulation 1257/1999/ EC ;
“conversion” means the conversion from one type of agricultural or forestry activity to another, or from those activities to activities other than agricultural or forestry activities;
“Council Regulation 1257/1999/EC” means Council Regulation (EC) No. 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund ( EAGGF ) ;
“electronic communication” has the same meaning as in the Electronic Communications Act 2000 ;
“the ERDP ” means the England Rural Development Programme approved by the Commission in the Decision referred to in the Schedule to these Regulations, and “the relevant part of the ERDP” means that part of the ERDP which relates to support for vocational training pursuant to Article 9 of Council Regulation 1257/1999/EC ;
“financial assistance” means an amount paid or payable under these Regulations;
“forestry” means the planting and maintaining of forests and woodlands, and the associated cultivation and maintenance of trees, and “woodlands” includes the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“trainee” means a person who has been granted approval for a project which concerns his training; and
“training provider” means a person who has been granted approval for a project which concerns the provision of training to others.
2
A reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication which has been recorded and is consequently capable of being reproduced.
Assistance for vocational training
3
The Minister may pay financial assistance to a training provider or trainee towards expenditure incurred or to be incurred by him in connection with an approved project.
Applications for approval of projects
4
An application for the approval of a project shall be made in such form and contain such information as the Minister may require.
Approval of projects
5
1
The Minister may —
a
refuse to approve a project for the receipt of financial assistance; or
b
approve it in whole or in part, unconditionally or subject to such conditions as he may determine,
but he shall not approve the project unless he is satisfied that it is eligible for Community assistance and is in accordance with the relevant part of the ERDP.
2
The Minister may vary an approval by varying any condition to which it is subject, or imposing conditions.
3
Where the Minister decides to refuse approval for a project under paragraph (1) or to vary an approval under paragraph (2), he shall —
a
give the applicant, training provider or trainee, as the case may be, notice in writing of his decision with a statement of his reasons;
b
give that applicant, training provider or trainee an opportunity to make written representations within such time as the Minister considers reasonable; and
c
consider any such representations.
4
An approval or variation under this regulation shall be in writing.
Claims
6
A claim for financial assistance shall be made at such time or within such period and in such form, and be accompanied by such information, as the Minister reasonably may require.
Payment
7
1
The Minister may pay financial assistance by payment of a single lump sum or by instalments.
2
Payments may be made —
a
at such time or times as the Minister reasonably may determine; and
b
subject to such conditions as the Minister reasonably may determine.
Information
8
1
A training provider or trainee shall supply the Minister with such information about an approved project as the Minister reasonably may require.
2
Where the Minister requires such information, the training provider or trainee shall supply him with it within such period as the Minister reasonably may determine.
Record keeping
9
1
A training provider or trainee shall keep any invoice, account or other document relating to an approved project for the period of six years beginning with the day on which the last payment of financial assistance under these Regulations is made to him in connection with that project, subject to paragraphs (2) and (3).
2
If the training provider or trainee transfers the original of any such document to another person in the normal course of business, he shall instead keep a copy of that document for that period.
3
Paragraph (1) shall not apply where the document has been removed by any person lawfully authorised to remove it.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
9th November 2000


text:
Citation and commencement
1
These Regulations may be cited as the Jobseeker’s Allowance (Amendment) Regulations 2000 and shall come into force on 6th March 2000.
Amendment of the Jobseeker’s Allowance Regulations 1996
2
1
The Jobseeker’s Allowance Regulations 1996 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 1(3) (interpretation) there shall be inserted after the definition of “net profit” the following definition
“the New Deal options” means the employment programmes specified in regulation 75(1)(a)(ii) and the training scheme specified in regulation 75(1)(b)(ii);
.
3
For regulation 69 (prescribed period for purposes of Section 19(2)) there shall be substituted the following regulation —
Prescribed period for purposes of section 19(2)
69
1
The prescribed period for the purposes of section 19(2) shall be —
a
2 weeks, in any case which does not fall within sub-paragraph (b) or (c) below;
b
4 weeks, in any case in which
i
a jobseeker’s allowance is determined not to be payable to the claimant in circumstances falling within section 19(5), and
ii
one of the following circumstances applies —
aa
where the determination in (i) above does not relate to one of the New Deal options, on a previous occasion the jobseeker’s allowance was determined not to be payable to him in circumstances falling within section 19(5), or
bb
where the determination in (i) above relates to one of the New Deal options, on a previous occasion the jobseeker’s allowance was determined not to be payable to him in circumstances falling within section 19(5) that relate to one of those options, and
iii
the first date on which the jobseeker’s allowance was not payable to him on that previous occasion falls within the period of 12 months preceding the date of the determination mentioned in (b)(i) above;
c
26 weeks in any case in which —
i
a jobseeker’s allowance is determined not to be payable to the claimant in circumstances falling within section 19(5) and the determination relates to an act or omission arising after this regulation comes into force in respect of one of the New Deal options; and
ii
on two or more previous occasions a jobseeker’s allowance has been determined not to be payable to the claimant in circumstances falling within section 19(5) and each such determination relates to one of the New Deal options; and
iii
no more than 12 months have elapsed between the beginning of the day on which the determination mentioned in (c)(i) above is made and the beginning of the first day on which a jobseeker’s allowance was not payable to the claimant as a result of the determination which most recently preceded it whether the preceding determination is either —
aa
a determination falling within sub-paragraph (b)(i) to which the circumstances in sub-paragraph (b)(ii)(bb) apply; or
bb
itself an earlier determination falling within sub-paragraph (c)(i).
2
The prescribed period for the purposes of section 19(2) shall begin —
a
where, in accordance with regulation 26A(1) of the Claims and Payments Regulations , a jobseeker’s allowance is paid otherwise than fortnightly in arrears, on the day following the end of the last benefit week in respect of which that allowance was paid; and
b
in any other case, on the first day of the benefit week following the date on which a jobseeker’s allowance is determined not to be payable.
3
In a case falling within paragraph (1)(c) of this regulation in which —
a
for the first time a determination is made that for a period of 26 weeks a jobseeker’s allowance is not payable to the claimant; and
b
no further such determination is made; and
c
the Secretary of State gives notice in writing to the claimant that he is no longer required to participate in any of the New Deal options,
an income-based jobseeker’s allowance shall be payable to the claimant during the period specified in paragraph (4) even though section 19 would otherwise prevent the payment of such an allowance.
4
The period referred to in paragraph (3) shall —
a
begin on either —
i
the day specified in a notice by the Secretary of State as being the day on which the claimant is or was no longer required to participate in any of the New Deal options; or
ii
the day four weeks after the first day on which a jobseeker’s allowance was not payable as a result of the first determination mentioned in paragraph (3),
whichever is the later;
b
end on the last day when a jobseeker’s allowance was not payable as a result of the first determination mentioned in paragraph (3); but
c
not include any period during which a jobseeker’s allowance is again determined not to be payable to the claimant in circumstances falling within section 19(5) or (6).
.
4
At the end of regulation 140(1) (meaning of “person in hardship”) there shall be added the following sub-paragraph —
k
is a person
i
who, pursuant to the Children Act 1989 , was being looked after by a local authority;
ii
with whom the local authority had a duty, pursuant to that Act, to take reasonable steps to keep in touch; or
iii
who, pursuant to that Act, qualified for advice and assistance from a local authority,
but in respect of whom (i), (ii) or, as the case may be, (iii) above had not applied for a period of three years or less as at the date on which he complies with the requirements of regulation 143; and
iv
as at the date on which he complies with the requirements of regulation 143, is under the age of 21
.
5
In regulation 140A (period when a person is not a person in hardship) —
a
for paragraph (1) there shall be substituted the following paragraph —
1
A claimant who is not a person in hardship by virtue of regulation 140(4A) shall not be a person in hardship throughout the period beginning on the day on which a New Deal decision has effect by virtue of regulation 69 or, as the case may be, by virtue of regulation 7(8) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 and ending —
a
on the last day on which he is required to participate in a New Deal option; or
b
on the day which is 14 days after the day on which the New Deal decision had effect,
whichever is the later.
b
after paragraph (3) there shall be added the following paragraph —
4
In this regulation, “New Deal decision” means a decision that section 19(5)(b) or (c) applies by virtue of an act or omission relating to one of the New Deal options.
.
Tessa Jowell
Minister of State,
Department for Education and Employment
3rd February 2000
Angela Eagle
Parliamentary Under Secretary of State,
Department of Social Security
7th February 2000


text:
1
These Regulations may be cited as the Partnerships (Unrestricted Size) No. 15 Regulations 2000, and shall come into force on 1st November 2000.
2
Section 716(1) of the Companies Act 1985 does not prohibit the formation, for the purpose of carrying on practice as actuaries, of a partnership consisting of persons the majority of whom are either Fellows of the Institute of Actuaries or of the Faculty of Actuaries, or full actuary members of one or more of the associations listed in the Schedule to these Regulations.
3
The Partnerships (Unrestricted Size) No. 11 Regulations 1996 are hereby revoked.
Kim Howells,
Parliamentary Under-Secretary of State for Consumers and Corporate Affairs,
Department of Trade and Industry
2nd October 2000


text:
Citation and commencement
1
1
This Order may be cited as the Transfer of Undertakings (Protection of Employment) (Greater London Authority) Order 2000 and shall come into force on 1st April 2000.
2
In this Order, any reference to a numbered section is to the section bearing that number in the Greater London Authority Act 1999, and a reference to “the 1981 Regulations” is to the Transfer of Undertakings (Protection of Employment) Regulations 1981 .
Application of the 1981 regulations
2
This Article applies where, by means of an order made under section 408 or a scheme made under section 409 (read, in either case, with section 410), rights and liabilities under a contract of employment are transferred from a body or person falling within subsection (3) of section 408 to a body or person falling within subsection (2) of that section.
3
1
Where Article 2 applies, the transfer of rights and liabilities shall, if the 1981 Regulations do not otherwise apply in relation to that transfer, be treated as taking place as part of a transfer to which the 1981 Regulations apply.
2
For the purposes of paragraph (1) above the body or person falling within subsection (2) of section 408 to whom the rights and liabilities are transferred shall be treated as the transferee and the body or person falling within subsection (3) of section 408 from whom those rights and liabilities are transferred shall be treated as the transferor.
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
9th March 2000


text:
1
These Regulations may be cited as the Rules of the Air (Amendment) Regulations 2000, and shall come into force on 14th August 2000.
2
The Schedule to the Rules of the Air Regulations 1996 shall be amended as follows:
1
After Rule 27(2) there shall be inserted:
2A
Any flight plan for a flight within United Kingdom reduced vertical separation minimum airspace shall also state whether or not the aircraft is equipped with height keeping systems as required by articles 48 or 49 of the Air Navigation Order 2000.
.
2
After Rule 31(2) there shall be inserted:
2A
Any flight plan for a flight within United Kingdom reduced vertical separation minimum airspace shall also state whether or not the aircraft is equipped with height keeping systems as required by articles 48 or 49 of the Air Navigation Order 2000.
.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Chris Mullin
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
24th July 2000


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the National Health Service (Clinical Negligence Scheme) Amendment Regulations 2000, and shall come into force on 27th September 2000.
2
In these Regulations “the principal Regulations ” means the National Health Service (Clinical Negligence Scheme) Regulations 1996 .
3
These Regulations extend to England only .
Amendment of regulation 3 of the principal Regulations
2
1
Regulation 3 of the principal Regulations (eligible bodies) is amended as follows.
2
At end of sub-paragraph (b) omit the word “or”.
3
At the end of sub-paragraph (c) insert —
or
d
a Primary Care Trust .
.
Amendment of regulation 6 of the principal Regulations
3
1
Regulation 6 of the principal Regulations (membership of the Scheme) is amended as follows.
2
For sub-paragraph (b) of paragraph 4 substitute —
b
specify the date that the eligible body wishes its membership to begin.
.
3
In paragraph (7) delete the words after the words “effect from” to the end and substitute the words “such date as may be determined by the Secretary of State.”.
Amendment of regulation 8 of the principal Regulations
4
1
Regulation 8 of the principal Regulations (members' contributions to the Scheme) is amended as follows.
2
In paragraph (3) for sub-paragraph (c) substitute the following sub-paragraphs —
c
where the member was admitted to the Scheme on or after 1st April 2000 —
i
as respects its first membership year, by no later than 6 months from the date of receipt by the Secretary of State of its application in accordance with regulation 6(3),
ii
as respects its second membership year, by no later than 1st July in that year; and
d
as respects any subsequent membership year, by no later than 31st October in the preceding year;
.
3
In paragraph 6 for sub-paragraph (c) substitute the following sub-paragraphs —
c
where the member was admitted to the Scheme on or after 1st April 2000 —
i
in relation to its first membership year, by no later than 8 months from the date of receipt by the Secretary of State of its application in accordance with regulation 6(3),
ii
in relation to its second membership year, by not later than 1st August in that year; and
d
in relation to any subsequent membership year, by no later than 30th November in the preceding year.
.
Amendment of regulation 9 of the principal Regulations
5
1
Regulation 9 of the principal Regulations (payments under the Scheme) is amended as follows.
2
In paragraph (2)(b) for the words “the beginning of its first membership year,” substitute the words “it became a member,”.
3
In paragraph (2)(b)(i) for the words “the beginning of the first membership year,” substitute the words “it became a member,”.
4
In paragraph (2)(b)(iii) for the words “beginning of the first membership year,” substitute the words “date on which the member became a member,”.
Signed by authority of the Secretary of State for Health
Gisela Stuart
Parliamentary Under-Secretary of State,
Department of Health
30th August 2000
Jim Dowd
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
24th August 2000